FAQ's

Conveyancing is the legal process of transferring ownership of a property from a seller to a buyer. Because property is often your most significant asset, you need the right legal expert to protect your investment. It is not simply a matter of hiring a specialised lawyer; by law, only a qualified and admitted conveyancer is permitted to facilitate the transfer of property in the Deeds Office. This ensures that all legal requirements—such as registration, tax clearances, and FICA compliance—are handled with absolute precision.

Your matter is overseen directly by Judie van Staden, the Director and lead Property Law Specialist. With over a decade of experience in the South African property market, Judie is the “driving force” behind every file. She personally ensures that the high-level legal strategy and meticulous attention to detail that the firm is known for are applied to your specific transaction

A standard residential property transfer in South Africa usually takes between 8 to 12 weeks from the time we receive the signed Offer to Purchase. However, our approach focuses on anticipating potential hurdles before they happen to keep your transfer on track and as efficient as possible.

We’ve moved away from the “big firm” feel to provide a warm, personalised experience. At Van Staden Attorneys Inc., you are a person, not a file number. You benefit from direct access to senior expertise and a team that prioritises clear communication over technical legal speak.

One of the primary reasons clients choose this firm is to avoid the “hand-off” to inexperienced juniors. The firm prides itself on senior-led service. By keeping the practice specialized and boutique, they ensure that the person doing the work is a seasoned professional who understands the nuances of Sectional Title schemes and complex property law.

Sectional Title ownership (like apartments or townhouses) involves more than just the transfer of a unit. It requires dealing with Body Corporates, managing agents, and specific legalities regarding common property. We specialise in these complexities to ensure buyers understand their rights and obligations within a scheme.

Absolutely. Property transfers involve several costs, including Transfer Duty (tax paid to SARS), Deeds Office fees, and professional legal fees. We provide clear, transparent guidance on these figures upfront so there are no financial surprises during your journey.

Yes. We have over a decade of experience managing both residential and commercial property transfers. Whether you are a first-time homebuyer or a seasoned commercial investor, we manage the entire process with the same level of precision and detail.

Yes and no. If you are selling a property that still has a mortgage, the existing bond must be cancelled at the Deeds Office simultaneously with the transfer. While we are not on specific bank panels, we facilitate the appointment of the required bond cancellation attorneys on your behalf. We then act as the central point of contact between the bond cancellation attorneys (representing the seller) and the bond registration attorneys (representing the purchaser) to ensure the process is seamless.

Once an OTP is signed by both parties, it is a binding legal contract. It is much harder to change terms later than it is to get them right the first time. Our boutique service includes reviewing your contract to ensure there are no hidden “trap” clauses regarding commissions, repairs, or fixtures.

Property fraud, especially via intercepted emails regarding bank details, is a rising concern. Van Staden Attorneys Inc. follows strict security protocols. We never change our banking details via email and encourage clients to verify all financial instructions telephonically with our Mowbray office.

To comply with the Financial Intelligence Centre Act (FICA), we require proof of identity and proof of residence. While it may seem like a formality, this is a vital security measure to prevent property fraud. We make the submission process as digital and “jargon-free” as possible for your convenience.

In South Africa, the general rule is that the Seller has the right to appoint the conveyancer. This is because the Seller carries more risk (it is your asset until the transfer is final), so it is fair that you choose a trusted professional to manage that risk.

A Note for Purchasers: While the choice is the Seller’s, the Purchaser is welcome to ask the estate agent to request that the Seller considers appointing a conveyancer known to the Purchaser. Often, the Seller does not have a specific preference and may be happy to agree to this request.

Changing the Pre-printed Name: Estate agents often have a preferred conveyancer’s name pre-printed on their Offer to Purchase (OTP) documents. However, you are not obliged to use them. Before you sign the OTP, you have the full legal right to strike out the pre-printed name, insert the details of your preferred attorney, and initial the change. If you are the Seller, the choice is ultimately yours.