Property information
Sell Your Property with Us
Selling your property is a major financial transaction and can be complex. This guide outlines every step in the selling process, what to expect, which documents you need, legal obligations, fees, and how the transfer of ownership is completed in South Africa.
Step-By-Step Guide
- Step 1 Create Your Property Listing
- Step 2 Sign Your Agency Mandate
- Step 3 Submit Essential Legal Documents
- Step 4 Submit Compliance Certificates
- Step 5 Home Preparation for viewings
- Step 6 Receiving an Offer
- Step 7 Appointing a Conveyancing Attorney
- Step 8 Signing of Transfer Documents
Tips to Sell Faster & With Fewer Delays
- Start compliance certificates early
- Provide all documentation promptly
- Ensure municipal accounts are paid
- Choose an experienced conveyancer
1. Getting Started: Listing Your Property
Create Your Property Listing
Before you even market your property:
- We’ll meet with you to assess the property value, taking into account market trends and comparable sales.
- Together we’ll agree on the asking price based on research and market conditions.
2. The Mandate: Sign Your Agency Mandate
An agency mandate is a contract between you and us that allows our real estate agency to market and sell your property.
It sets out:
- Commission rates and how they’re calculated
- The mandate duration
- Exclusivity (sole mandate) or open mandate
- Marketing strategy and expectations
This mandate protects your rights and ours and ensures transparency in how the sale will be conducted.
3. Doing It Legally: Essential Legal Documents
Documents You, as the Seller, Must Prepare
Before the property can be transferred, you will need the following:
- Title Deed – Proof you own the property (or your bond holder’s details if it’s under bond)
- Certified ID/Passports – For yourself (and spouse or owner representative)
- Rates Clearance Certificate – From the local municipality confirming all municipal rates and taxes are paid up to date
- Levy Clearance Certificate – If your property is in a complex or estate (confirms levies are up to date)
- FICA Documents – Comply with Financial Intelligence Centre Act (ID, proof of residence, tax numbers)
4. COC: Compliance Certificates
Property law requires various safety compliance certificates before transfer:
| Certificate | When Required |
|---|---|
| Electrical Certificate of Compliance | Mandatory for all homes |
| Electric Fence Certificate | If an electric fence is installed |
| Gas Certificate of Compliance | If property has gas installations |
| Water Installation Certificate | In some regions |
| Beetle Certificate | Often required in coastal areas |
These must be obtained before transfer – if defects are found, repairs are often required before issuance.
5. Home Preparation: Preparing Your Property for Sale
To maximise value and avoid delays during transfer, we recommend:
- Repairs and cleaning
- A home inspection and compliance check
- Professional photos and marketing
Disclosures
You must disclose all known defects to potential buyers. Even if you sell “voetstoots” (as-is), South African law requires sellers to declare known defects.
6. Receiving an Offer: The Offer to Purchase (OTP)
What Is an OTP?
The Offer to Purchase is a legally binding contract between you and the buyer. It must include:
- Buyer and seller details
- Property description
- Purchase price
- Deposit amount
- Conditions (e.g., subject to bond approval)
Once signed by all parties, the OTP is binding. Breaking the contract could lead to penalties.
7. The Conveyancer: Appointing a Conveyancing Attorney
Once the OTP is signed, you (the seller) appoint a conveyancer, a qualified attorney who will manage the legal transfer process.
Their responsibilities include:
- Preparing all transfer documentation
- Requesting municipal and levy clearance figures
- Coordinating bond cancellation (if applicable)
- Submitting documents to the Deeds Office
- Ensuring registration of the transfer and bond cancellation
Choosing an experienced conveyancer ensures compliance with Deeds Office regulations and smooth processing.
8. The Transfer: Signing of Transfer Documents
Once all documents are collected, your conveyancer will:
- Draft the transfer papers
- Send them to both buyer and seller for signing
- Coordinating bond cancellation (if applicable)
At this point, both parties must complete and sign all necessary forms ready for lodging.
Extra Information you need to know
Understanding Transfer Duties & Taxes
Transfer Duty (Paid by Buyer)
Transfer Duty is a tax paid to the South African Revenue Service (SARS) on property transactions.
- If the property is over a certain threshold, duty is payable based on value.
- The buyer is typically responsible for this tax, not the seller.
- Your buyer’s conveyancer applies for the transfer duty receipt before transfer can proceed.
Exemptions & VAT
If the sale involves VAT (e.g., commercial property), then VAT may apply instead of transfer duty.
Bond & Debt Clearance
Existing Mortgage (Bond)
If your property is bonded:
- The conveyancer will request a cancellation figure from your bank.
- You’ll need to pay off your bond (or arrange offsets) so the bank can release the Title Deed.
- This can take weeks, and early cancellation penalties may apply.
Municipal and Levy Accounts
Before transfer can go ahead:
- Clearance certificates must be issued by the relevant authorities.
- All outstanding municipal rates and utilities must be settled.
Lodgement with the Deeds Office
Lodgement Process
The conveyancer lodges all documents with the Deeds Office. This includes:
- Transfer documents
- Transfer duty receipt
- Clearance certificates
- Bond cancellation documents (if applicable)
The Deeds Office then examines the documents for compliance and errors.
Timeline
Waiting times can vary, but typical turnaround for Deeds Office registration is 8–10 working days from lodgement.
Registration & Final Settlement
Once the Deeds Office accepts the lodgement:
- The property is registered in the buyer’s name
- Your bond is cancelled and new bond (if applicable) is registered
- The transfer is complete
- The balance of sale proceeds is paid to you (after deductions)
Who Pays What? A Quick Breakdown
| Item | Who Pays? |
|---|---|
| Estate Agent Commission | Seller |
| Conveyancing Fees | Buyer usually pays transfer costs and deeds costs, but this can be negotiated |
| Transfer Duty | Buyer (unless exempt / VAT applies) |
| Municipal/Rates Clearance | Seller |
| Levy Clearance (if applicable) | Seller |
| Compliance Certificates | Seller |
| Bond Cancellation Costs | Seller |
| Bond Registration Costs (for buyer financing) | Buyer |
Note: Commission rates are negotiable and vary by agreement. Standard rates in SA typically range between 5.5–7.5% + VAT of the sale price.
