Question 1

My transfer is stuck — what should I do?

Accepted Answer

Contact your conveyancer for a status update. Common blockers: bond approval, compliance certificates, rates/levy clearance, missing documents or Deeds Office delays. Request a written timeline and escalate unresolved delays.

Question 2

What if the seller refuses to provide compliance certificates?

Accepted Answer

Compliance certificates are typically a seller obligation. If the seller refuses, the buyer can delay transfer, negotiate a price reduction or cancel if the OTP makes certificates a condition. Do not register without them.

Question 3

The buyer cannot get bond approval — what now?

Accepted Answer

If bond approval is a suspensive condition within the deadline, the sale falls away and deposit is refunded. If unconditional, the buyer may be in breach. Review OTP terms and seek legal advice immediately.

Question 4

What if there is an error in the purchase price on the OTP?

Accepted Answer

A material error may allow rescission or amendment by mutual agreement. Do not proceed to transfer with incorrect figures — transfer duty and bond amounts depend on the stated price. Contact your conveyancer immediately.

Question 5

Can I move in before transfer is registered?

Accepted Answer

Only if agreed in the OTP with occupational rent specified. Early occupation carries risk — if the deal fails, eviction may be needed. Insist on a written occupation agreement and adequate insurance.

Question 6

Who insures the property during transfer?

Accepted Answer

The OTP should specify when risk passes from seller to buyer — usually on registration or occupation. There can be an insurance gap if not addressed. Confirm cover with your insurer before occupation.

Question 7

How do I avoid property fraud?

Accepted Answer

Verify seller identity and ownership via title deed, use a reputable conveyancer, never pay deposits into personal accounts, confirm bank details directly with the attorney's office and complete FICA properly.

Question 8

How do I spot a rental scam?

Accepted Answer

Be wary of below-market rent, landlords who cannot show the property, requests for deposits before viewing or lease signing, and overseas 'owners'. Verify ownership, meet at the property and use written leases.

Question 9

What issues arise when selling inherited property?

Accepted Answer

Delays from estate administration, multiple heir consent, outstanding estate debts, missing title deeds and CGT implications. Allow extra time and use a conveyancer experienced in deceased estate transfers.

Question 10

Can property be sold during a divorce?

Accepted Answer

Usually requires consent of both parties or a court order depending on matrimonial property regime. Do not transfer without resolving ownership and consent — this is a common transfer blocker.

Question 11

Why is the Deeds Office taking so long?

Accepted Answer

Deeds Office processing times vary by region and volume. Pietermaritzburg serves much of KZN. Your conveyancer tracks lodgement and registration — persistent delays may require follow-up lodgements or queries.

Question 12

I received a special levy bill after buying — is this normal?

Accepted Answer

Special levies approved before transfer but payable after may be allocated per OTP terms. Always check for pending special levies in body corporate records during due diligence.

Question 13

What if the seller has outstanding municipal rates?

Accepted Answer

Rates clearance requires all arrears to be settled. The seller must pay outstanding amounts before clearance is issued. Buyers should verify rates status early — arrears can delay transfer significantly.

Question 14

What if I disagree with my estate agent about commission?

Accepted Answer

Review your mandate agreement carefully — commission terms, duration and sole/exclusive rights. Disputes may be referred to the Estate Agency Affairs Board. Never sign a mandate without reading it fully.

Question 15

What if fixtures are missing at property handover?

Accepted Answer

Compare handover against the OTP fixtures list and snag list. Document missing items immediately. Remedies depend on OTP terms — negotiate replacement, compensation or hold occupational rent.

Question 16

What happens if a buyer dies before transfer?

Accepted Answer

The deceased estate may need to withdraw or assign the contract. Transfer may be delayed while the estate is administered. OTP terms and estate planning affect outcomes — legal advice is essential.

Question 17

My conveyancer is not responding — what should I do?

Accepted Answer

Send a formal email requesting a written status update within 48 hours. Copy the estate agent and other party. If still unresponsive, contact the firm’s senior partner or compliance officer. You can appoint a new conveyancer in some circumstances but this requires agreement and may delay transfer.

Question 18

I received an email to pay my deposit to a new bank account — is it a scam?

Accepted Answer

Almost certainly yes. Deposit fraud emails mimicking conveyancers or agents are common. Never pay to a new account without verifying by phone using a number you source independently — not from the email. Call the law firm’s main switchboard and confirm banking details.

Question 19

Can a seller accept two offers on the same property?

Accepted Answer

A seller can receive multiple offers but should only sign one OTP. Signing two binding OTPs creates serious legal exposure. Buyers should ask whether the property is under offer and whether a sole mandate exists.

Question 20

The tenant won't allow viewings for my sale — what can I do?

Accepted Answer

Lease terms usually require reasonable access for sale viewings with proper notice. Send written notice per the lease. If refused, you may need legal intervention. Disclose the tenant and lease to all buyers before offer.

Question 21

The seller removed the JoJo tank at handover — can I claim?

Accepted Answer

If the tank was listed as a fixture in the OTP or permanently plumbed, it should stay. Freestanding tanks may be ambiguous. Always specify water tanks, pumps, inverters and solar in the fixtures list.

Question 22

The bank is delaying bond registration — who can help?

Accepted Answer

Contact your bond originator first — they have bank relationships and escalation channels. The bond attorney should chase lodgement. Ask for written reasons for delay. Persistent delays may warrant complaining to the bank's escalations department.

Question 23

My municipal property valuation seems too high — can I object?

Accepted Answer

Yes. Municipalities periodically revalue properties for rates purposes. Objection windows are time-limited — check uMngeni Municipality notices. Submit comparable sales and property condition evidence. Objections do not affect market sale price directly.

Issues & Problems Questions