He has obtained the degrees BA, LLB & LLM (Corporate Law) from RAU (now UJ) and augmenting his elaborate qualifications, Antonie is also an admitted Attorney, Conveyancer and Notary Public.
With Antonie having been a property developer himself the firm is uniquely positioned to understand the process, both from the perspective of property developer and lawyer.
The firm’s comprehensive Property Development Law services cover all aspects of Planning Law, Environmental Law and Property Law.
Rather than delegating this seemingly straightforward task to a para-legal, Antonie van Wyk and Associates approach conveyancing from the perspective of commercial lawyers by identifying and solving problems before they arise. As former banker in the property finance industry, Antonie’s experience includes the handling of multiple property transactions from different perspectives. He oversees each conveyancing transaction in his firm personally.
Conveyances handled by the firm include:
• Property transfers
• Bond registrations
• Registration of Sectional Title Units
• Contract Law – Drafting & Litigation
Fast-forward Property Transfers in Cape Town
Assuming that all the correct documentation is in place, issues in the system like hold-ups at the Deeds Office or SARS are unlikely to be influenced by buyers and sellers and are handled by the conveyancing attorney.
Correct legal documentation and processes are vital to the efficient and smooth running of the transfer of property, and the entire conveyancing process, and this is where buyers and sellers play an important part.
5 simple guidelines that could speed up a property transfer significantly:
1. Buyers should ensure that sufficient funds are available to cover all the transfer costs as stipulated in the contract. In most instances, Conveyancers will refuse to register transactions until their fees are paid.
2. Sellers should ensure that they obtain the relevant electrical, plumbing, gas and borer beetle certificates immediately once the contract is signed. Electrical certificates of compliance are only valid for two years if no further electrical work was done to the property.
3. As a condition for registration of a transfer, the seller should ensure that all the rates are paid up to date along with advance collections for rates and services.
4. It is in the interest of the seller that the date of transfer coincides with the date of occupation. The seller often allows for occupation before the property transfer, during which time an occupational rent is paid. It is during this period that the buyer sometimes spot defects unnoticed before or just get second thoughts about the purchase. Buyers may then try to ‘renegotiate’ or look for loopholes to cancel the sale, which may not be legal and it could result in unnecessary delays.
5. To ensure sufficient control on funds handled by the attorney and conveyancer in charge, and to prevent delays resulting from incomplete information, a conveyancer may require any of the following before making any payment:
• Proof of authorised signatory to the nominated bank account;
• Written instructions (both spouses, where applicable);
• In the event of changes to the nominated bank account for payment of funds, to visit the offices of the conveyancing attorneys with proof of ID to sign a new Authority for Payment (both spouses where applicable).
• Compliance with all Financial Intelligence Centre Act (FICA) requirements.
• If email used for communication, that the same email address is used as provided in the outset, throughout the process.
Our friendly and efficient staff comes highly recommended. If you need advice on a property contract or assistance with the transfer of property, contact us to discuss your needs.
Buyers and Sellers can expedite or delay the transfer process…
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Antonie Van Wyk & Associates