Conveyancer

A conveyancer is defined in section 102 of the Deeds Registries Act 47 of 1937 as a practitioner authorised to prepare and execute deeds and documents for registration. Under section 24 of the Legal Practice Act 28 of 2014 (LPA), only an admitted attorney who has passed the conveyancing examination set by the Legal Practice Council may be enrolled as a conveyancer. The preparation clause on a deed of transfer, bond or notarial deed must be signed by a conveyancer, who by that signature accepts personal professional responsibility for the accuracy of the deed and its compliance with the Act and Regulations.

The conveyancer\'s role in a typical residential sale includes (i) taking instructions and conducting FICA on seller and purchaser, (ii) obtaining the rates clearance certificate, levy clearance certificate (for sectional title) and electrical compliance certificate, (iii) drafting the deed of transfer and any cancellation or new bond documents, (iv) collecting transfer duty and securing the SARS transfer-duty receipt, (v) holding purchase funds in the attorney\'s section 86(4) LPA trust account, and (vi) attending at the Deeds Office to lodge and pursue registration. The conveyancer\'s fee is regulated by the Legal Practice Council\'s recommended tariff but is ultimately a matter of contract.

Conveyancers are subject to the full LPA disciplinary regime, Legal Practitioners\' Fidelity Fund cover for trust-account defalcations, and FICA obligations as accountable institutions under Schedule 1, Item 2 of the Financial Intelligence Centre Act 38 of 2001. The "bond cancellation attorney" is appointed by the cancelling bank, the "bond attorney" by the incoming bank, and the "transferring attorney" by the seller. All three act independently but coordinate lodgement. Failure to meet professional standards can lead to striking from the roll, removal from the conveyancing list, and personal liability for loss caused by negligence (Mlombo v Fourie 1964 (3) SA 350 (T)).