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  • How long does a transfer take?

    How long does a transfer take?

    Posted on August 21st, 2009 Huis-Huis 9 comments Comments feed
    How long till the transfer's done?

    How long till the transfer's done?

    Nobody likes waiting. And to every buyer and seller of real estate, their particular property transaction is the most important sale of immovable property in the world. It is therefor hardly surprising that people get somewhat irate when the transfer of ownership does not happen as speedily as they would like.

    A little bit of information could go a long way towards keeping the tempers settled. That’s why we’d like to let you know what to expect when waiting for that ownership transfer to be finalized.

    What is a reasonable time period for the process of transferring ownership of a property from one owner to another? How long does a property transfer take to complete? In this article, we give some simple answers to that not-so-simple question about the duration of the transfer process.

    If you’re lucky

    If you’re very lucky, and I mean VERY lucky, you could have a complete transfer after only one month. This assumes a very simple property ownership transfer process, with no suspensive conditions in the deed of sale, and with no secondary delay factors such as outstanding municipal rates, etc.

    A short transfer period is 40 days or less.

    If your property transfer takes less than 40 days, you should be thanking your ancestors, the stars, and anyone else willing to listen to your giddy babbling. Anyone who promises a transfer time of less than a month is making promises they cannot keep. Don’t get suckered. Transfers of ownership of immovable property in South Africa takes time.

    If nothing unexpected happens

    If your real estate transaction is close to the average property transaction found in the South African property market, you’re looking at a transfer process that will run for between two and a half to thee months.

    The average transfer of property includes some delays. It just does. And delays take time – duh!

    If your transfer gets completed withing three months, you should be happy. Three months is the average duration of transferring ownership of real estate in South Africa. Anything less than 90 days is a speedy transfer.

    If something goes wrong

    Stuff can go wrong – and it happens quite often. There are so many things that can go wrong in a property transfer that it warrants a whole other article. But to answer the “simple” question of how long an ownership transfer takes, it will suffice to know that stuff can go wrong and that it results in delays in the transfer process.

    If something has gone wrong, you can expect your property transfer to take longer than three months. And if your transfer takes longer than three months, it would be safe to assume that something may have gone wonky with your transfer of ownership.

    Note that I simply stated “longer than” the three month time frame. Because if things go bad enough, it could take many many months to complete a real estate transfer of ownership. But by this time, we hope you’d have started asking questions about the transfer from the relevant persons, namely the conveyancing attorneys.

    Transfer time frame

    Every transfer process is different. And because transfers differ, the time required to finalize registration in anyone of the nine title deed registries in South Africa will differ.

    To make things even less predictable, the workload of the deeds office where your transfer gets lodged also influences the transfer time frame. If loads of real estate transactions get lodged at the same deeds office at the same time, your transfer might just end up at the back of the queue.

    Nobody can predict the exact duration of your ownership transfer process. There are just too many variables to take into account. And too many things can contribute to transfer delays, so be patient. After all, the legal ownership guarantees provided by the South African deeds registry system are worth every minute it may take to complete a thorough transfer process.

How long does a transfer take?

  1. I’d be embarrassed to admit I was involved in the propery transfer farce, from the agents to the lawyers to government departments.

    I’m 2 months down the line in this process and from what I can see (with technology at the level it is today) the whole process should not take more than 2 days (thats excluding waiting preiods and I think I’m being generous).

    The part that concerns me the most is the exorbitant cost of this process, on an average 3 bedroom house it works out at about R6000.00/hour. And using the excuse that South Africa has this wonderfully secure system with “legal ownership guarantees” is a poor excuse for the pathetic service levels, incompetance and unethical overbilling that is rife in this industry.

    If Mr Zuma decides he wants to give your piece of land to his brother (the one with the machine gun), no piece of paper going to stop it from happening.

  2. Could you please tell me what a resonable time frame is, in a sale of property, i have been waiting over 6 months for a sale to go through because of an AOD from the seller and the incompetence of the conveyencer (Name Removed by Admin) after much pushing Standard bank has agreed to the AOD but the seller cannot be found to sign the AOD. Do you know how long I must wait for the seller to get the document signed, what happens if he is in hospital or overseas or dead? What are my rights as a buyer?

  3. Hi, I bought a house in Sandton in May 2009, from Alliance action house.

    The bond was approved 2 weeks later. It is still not transferred! (17 Feb 2010)

    I waited 6 months for JHB municipality to produce the Rates clearance figures!

  4. I sold my house September 2009, closing date December 2009, its now end March and still not transferred. And on and on it goes, the Buyer has ALL rights on their side. The Seller cannot do a thing but wait AND continue to pay Rates, Insurance household Accounts etc., etc., SO GROSSLY UNFAIR,.

  5. hi
    I am almost two months down the line of buying of a house and involved in the transfer process. I was hoping that by the start of the world cup in June I would be in my house. when i read your stories I see that my dream wont come true and now that the Municipality is on strike I think I will move in sometime in December or next year. Im getting so streesed beacuse where I stay the condition is not good and since winter is here, I dont know what to do. I guess I have to keep pushing for a transfer.

  6. I purchased a municipal house in cash in January 2006 through the municipality appointed lawyers. The mentioned lawyers, according to my knowledge, are not conveyancers. They therefore had to extend the service to others. At the end of the day, my house was finally registered in December 2006 (A full year!).

    My main problem currently is that for that period I was charged occupational rent by the municipality. The municipality did not bill me for that time, they only sent me an accumulative statement in 2009. I got the shock of my life. I am expected to pay that in full.

    Could you advise me on how I can deal with this matter. Firstly I feel the transfer took unreasonably long. Who is supposed to bear cost for such implications? Secondly, if the municipality only communicates after 2 yrs and expect an immediate payment, would I be wrong to object? Although in the contract it is stated that I am liable for occupational rent, but in a situation explained how should I react?

    Please advise.

  7. @Annah : The municipality had the right to appoint the lawyers they were comfortable appointing. The lawyers had the right to accept the appointment and make use of a registered conveyancer to accomplish the transfer.

    From January 2006 to December 2006 is not “A full year!”, and even if it was a full year, that would still not be an extraordinarily or “unreasonably” long time to wait for the transfer of ownership.

    You state that you knew that you agreed to pay occupational rent for the property up to such time that the transfer of ownership was finalised. But then you ask, “Who is supposed to bear cost for such implications?” Surely you can see that you are supposed to pay what you contractually agreed, right?

    While I can understand that being “surprised” with a bill for accumulated rent can be a daunting thing, the fact remains that you knew about the occupational rent agreement. You knew that you owed the municipality money for your occupation of the property while they were still the owners. Why did you not plan for the eventual payment of that dept? Why didn’t you set aside the monthly payments, so that you wouldn’t get overwhelmed with a huge payment later? You knew that you owed them, after all. Would you be wrong to object? Yes, you would.

    How should you react? You should pay what you owe. If the debt is too big for you to pay it at once, you should see if you can negotiate a payment agreement with the municipality, or you should borrow the money, even if that means taking out a mortgage loan. But you can also go and speak to your attorney and see what can be done. The municipality may have waited a little too long to collect on that old debt, provided that you haven’t already admitted the debt. So go and speak to your lawyer.

  8. My due date for transfer is 30 July. This transfer will run at the same time as my current sale, hence I have to leave my residence and the seller has to ensure that my new residence is vacant. Unfortunately, he upset his tenant, who is now in a position of power (heaven alone knows how – he had a verbal discussion in which he said that he wanted to buy the house. He did not get the bond in the alloted time, so it defaulted to me as I was the one who put in a written offer to purchase) and agreed that he could stay on for another month, which is end June. I called the tenant, asking when he is vacating on the pretext that I would like to come measure curtain rails. He promptly told me that it would be 30 July.
    My problem is that the sellers contractually agreed to have the house painted (inside) and fumigated, carpets cleaned etc BEFORE transfer/registration. How are they able to do this if the house is mine from 30 July, AND the tenant is only vacating on 30 July??
    Do I have any recourse? I am very upset by all this and it feels that they (Seller and estate agent) are all tiptoe’ing around the tenant who was wronged, and not complying with their contractual agreement to me.

  9. @Wendy : The important thing is that you say they “contractually agreed”. If they don’t stick to the agreement, you can sue take steps to remedy the breach of contract. I think you should be speaking to your OWN attorney right about now.

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