WHO PAYS FOR WHAT?

Some information on who pays for what in the property sale and transfer process in South Africa.

THE SELLER:

1. Agent's Commission

2. Penalty Bond Interest: If 3 months’ written notice is not given to the bank to cancel the Seller’s bond, a cancellation penalty is payable. It equates to approximately one month’s bond installment for each completed month of notice not given (or pro-rata thereof).

3. Bond Cancellation Fee: (If the property is bonded) 

  • Fees range from approximately R4000 to R5000.

  • If more than one bond is canceled, the fee increases as per the applicable sliding scale.

  • Cancellation is required even if the bond has a nil balance.

  • registration, even if the bond has a nil balance.

4. Rates and Services: Any arrears, current amounts owing, and a 60-day advance collection amount.

5. Certified Copy of Misplaced Title Deeds: Fees range from R2500 upwards, depending on the number of deeds to be replaced.

6. Levy amounts owing to Body Corporate or Home Owners' Association 

7. Compliance Certificates:

  • Electrical Certificate not older than 2 years.

  • Beetle (if applicable).

  • Plumbing (if applicable).

  • Gas (if applicable).

  • Electric fence installation (if applicable).

  • Approximately R3000 for all 5 if no repairs are necessary.

8.  Any repairs agreed into the contract

9.  Plans.   Ensure that plans for the house/building is up-to-date and approved by the municipality.

THE BUYER:

1. Transfer Costs:

  • Conveyancing fees, as per tariff.

  • Transfer duty - payable to the conveyancers approximately a month before transfer.

  • No transfer duty payable if Seller is VAT registered and the sale forms part of the Seller’s VATable enterprise.

  • The purchase price will either be recorded in the contract as inclusive or exclusive of VAT.

  • The account to Purchaser may include the cost of obtaining a homeowners’ association’s consent to transfer.

  • Cost of the rates clearance certificate.

  • Cost of levy clearance certificate (in sectional title transfers).

2. Bond Costs (if registering a bond)

3. Tripartite Agreement(if applicable)

4. Conveyancer's Certificate Re Title Restrictions:  May be required if Purchaser intends subdividing or renovating.

5. Occupational Rental:

  • If Purchaser moves in before transfer.

  • Always try and provide for a figure in the Agreement of Sale, even if occupation is on transfer.

 

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).