The Importance of Choosing the Right Conveyancer

When selling a property, the ultimate goal is a smooth and successful transfer of ownership. While finding the right buyer at the right price is crucial, navigating the complex legal process is equally important. This is where a conveyancer, or transferring attorney, comes in.

Why Do You Need a Conveyancer?

Conveyancers are specially qualified attorneys who oversee the administrative, legal, and financial steps required to transfer property ownership. They ensure that everything is done correctly, that the terms of the sale agreement are complied with, and that the seller receives payment.

Why Does the Seller Get to Choose the Conveyancer?

While there's nothing in law that stops you from agreeing otherwise, there are good reasons why you should choose your own conveyancer:

1. You carry more risk: As the seller, it's your valuable asset at stake, and you're legally responsible for transferring ownership correctly and on time.

2. Protect your investment: A buyer-appointed conveyancer may not be as focused on protecting your financial interests as your own attorneys would be.

3. Control the process: Having your own conveyancer means you have someone ensuring the sale progresses smoothly and with minimal delay.

How to Choose and Appoint a Conveyancer

When selecting a conveyancer, consider the following factors:

1. Experience and proactivity: Look for conveyancers who can spot potential delays or issues early and take steps to resolve them.

2. Clear communication: Choose a conveyancer who will keep you updated throughout the process.

3. Attention to detail: Ensure your conveyancer is meticulous with documentation and red tape.

4. Strong protections against cybercrime: Verify that your conveyancer has secure systems in place to protect your information and funds.

Making the Formal Appointment

The formal appointment of a conveyancer is typically made in the sale agreement (often initially titled "Offer to Purchase"). Pay close attention to the clause specifying which firm of attorneys is to be appointed.

Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its application and accuracy has been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s). 

Source: https://pierrerousseau.co.za/the-importance-of-choosing-the-right-conveyancer/