Understanding Property Transaction Fees: What Purchasers and Sellers Need to Know

Understanding Property Transaction Fees: What Purchasers and Sellers Need to Know

By: Kasper Brits – Brits Law Inc.

Published Tuesday, 05 March 2024.

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Buying or selling a property involves more than just the purchase price or the proceeds you receive from a sale. There are various fees and costs associated with the transaction that both purchasers and sellers need to be aware of to avoid any surprises. Here is a breakdown of the fees payable when buying or selling a property in South Africa:

Seller’s Responsibilities:

1. Bond Cancellation: If the property has an existing bond, the seller is responsible for paying off the outstanding amount. This includes any early settlement penalties that may apply.

2. Bond Cancellation Attorney’s Fees: The seller is also responsible for the fees charged by the bond cancellation attorney for cancelling the existing bond registered over the property.

3. Property Practitioner’s Commission: If the property was sold with the assistance of a property practitioner, the seller is liable to pay the property practitioner’s commission. This is typically a percentage of the sale price and is negotiable.

4. Levy Clearance Figures: If the property is part of a sectional title scheme, the seller needs to pay levy clearance figures as received by the body corporate or managing agents.. This figure represents any outstanding levies owed by the seller as well as provision for 2 – 3 month’s levies in advance. The transferring attorneys will do a pro rata calculation on the date of registration and the purchaser will be liable for the pro rata amount from the date of registration.

5. Homeowners Association Clearance Figures: If the property is in a residential estate or complex with a homeowner’s association, the seller needs to pay clearance figures to the association. These figures will also include any outstanding amounts owed as well as provision for 2 – 3 months in advance. The purchaser will also be liable for the pro rata amount from the date of registration.

6. Municipal Clearance Figures: The seller is also liable to pay the municipal clearance figures from the local authority. Once payment of the figures is made the transferring attorneys will receive a clearance certificate, indicating that all municipal rates and taxes are up to date.

7. Compliance Certificates: The seller needs to provide certain compliance certificates to the purchaser, including an electrical compliance certificate (COC), a gas certificate (if applicable), and an electric fence compliance certificate (if applicable). These certificates ensure that the property meets certain safety standards.

Purchaser’s Responsibilities:

1. Transferring Attorney’s Fees: The purchaser is responsible for paying the transferring attorney’s fees. These fees cover the transfer of ownership of the property from the seller to the purchaser.

2. Deeds Office Fees: The purchaser needs to pay fees to the Deeds Office for the registration of the property in their name.

3. Transfer Duty: Transfer duty is a tax payable by the purchaser to the South African Revenue Service (SARS) and is calculated on the value of the purchase price of the property. However, certain properties may be exempt from transfer duty, such as properties valued below a certain threshold or if VAT is payable.

4. Bond Registration Attorney’s Fees: If the purchaser is obtaining a bond to purchase the property, they are responsible for paying the bond registration attorney’s fees.

5. Pro Rata Levy Clearance Figures: The purchaser needs to pay a portion of the levy clearance figures paid by the seller, calculated on a pro rata basis from the date of registration.

6. Pro Rata Homeowners Association Clearance Figures: Similar to the levies, the purchaser needs to pay a portion of the homeowners association clearance figures paid by the seller.

7. Initiation Fee to the Bank: If the purchaser is obtaining a bond, they may be required to pay an initiation fee to the bank. This fee covers the administrative costs of setting up the bond.

8. Occupational Rent: if the purchaser wishes to occupy the property before the date of registration, the purchaser is liable to pay occupational rent to the seller.

It’s essential for both purchasers and sellers to factor in these fees and costs when budgeting for a property transaction this will help navigate these complexities and ensure a smooth property transfer.


How to Improve Your Chances of Getting Bond Approval.

Tips for Improving Your Chances of Getting Bond Approval in South Africa

By: Kasper Brits – Brits Law Inc.

Published Monday, 30 January 2024.

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Securing a bond is a critical step in making your dream home a reality. However, navigating the bond approval process can be daunting, especially if you’re unfamiliar with the intricacies of the system. At Brits Law, we specialise in real estate law and conveyancing services, and we understand the importance of securing a bond for our clients. In this article, we’ll discuss several tips to help improve your chances of getting bond approval in South Africa.

1. Maintain a Good Credit Record:

2. One of the first things lenders consider when evaluating your bond application is your credit history. A good credit record demonstrates to lenders that you’re a responsible borrower who is likely to repay the loan on time. To improve your credit record:

  • Pay your bills on time. Many people are unaware of the fact that even making a rental payment late by two days through a real estate agent will result in that agency flagging your late payment on your credit record. The same counts for most other monthly recurring payments that you may make.
  • Keep your credit card balances low.
  • Checking your credit profile too regularly actually influences your credit record negatively.
  • Applying for credit too often influences your credit record negatively.
  • Maintain a balance between assets and liabilities on your monthly expenses and make sure your bank is aware of all your large asset payments.
  • Have at least some sort of monthly account which you pay by debit order. If you have no debt, you will not necessarily have the best credit score. Having a simple cell phone bill that is paid on time will be better than someone who has no rolling debit orders on their bank account in some cases. The banks need to see how you cope with credit and if there is no history of credit, they would not be able to assess your risk to them.

3.Use a Bond Originator: Bond originators act as intermediaries between you and the banks, helping you find the best bond deal for your needs. They have relationships with multiple lenders and can negotiate on your behalf to secure competitive interest rates and favourable terms. Here’s how bond originators can assist you:

  • They streamline the application process, saving you time and effort.
  • They have access to a wide range of bond products, increasing your chances of approval.
  • They provide expert advice and guidance throughout the entire process.

4. Consider Co-Signing with a Spouse: If you’re having trouble qualifying for a bond on your own, consider asking your spouse or partner to co-sign the application with you. Co-signing essentially means that both parties are equally responsible for repaying the loan. Here’s how cosigning can benefit you:

  • Combining both incomes can increase your overall affordability.
  • If one applicant has a stronger credit profile than the other, it can help offset any weaknesses in the application.
  • It demonstrates to lenders that there’s added security in the form of joint responsibility.

5. Save for a Larger Deposit: A larger deposit not only reduces the amount you need to borrow but also demonstrates to lenders that you’re financially disciplined and committed to the purchase. Here’s why a larger deposit can work in your favour:

  • It reduces the lender’s risk, making you a more attractive borrower.
  • It may improve your loan-to-value ratio (LTV), which can result in better interest rates and lower monthly repayments.
  • It gives you more negotiating power when discussing terms with the bank.

6. Seek Pre-Approval Before House-Hunting: Getting pre-approved for a bond gives you a clear understanding of how much you can afford to borrow, which can help you narrow down your property search and make competitive offers. Here are the benefits of seeking pre-approval:

  • It shows sellers that you’re a serious buyer with the financial means to purchase their property.
  • It speeds up the buying process since much of the paperwork has already been completed.
  • It gives you peace of mind knowing that your financing is in place when you find the perfect home.

7. Don’t apply for other finance at another institution while you are waiting for your final bond approval:

  • We see many people make the mistake of applying for car finance after they have applied for a home loan. The inevitable result of this is usually that the bond application will be declined.

In conclusion, securing bond approval in South Africa requires careful planning and preparation. By maintaining a good credit record, using a bond originator, considering co-signing with a spouse, saving for a larger deposit, and seeking pre-approval before house-hunting, you can significantly improve your chances of success. At Brits Law, we’re dedicated to helping our clients navigate the complexities of the real estate market. Contact us today to learn more about our conveyancing services and how we can assist you in achieving your homeownership goals.


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