Buying property in South Africa is a relatively easy and pain free process. Title is registered in the Deeds' Registry and ownership rights are protected under the Constitution. The legal process is world class and the seller appoints a Conveyancer (Transferring Attorney) who handles the transaction on behalf of both buyer and seller.

The Estate Agent is normally mandated by a seller to sell his property, but in practice also acts on behalf of the buyer in presenting properties to the buyer, negotiating price with the buyer and then completing an Offer to Purchase agreement, which the buyer signs, and the Agent presents to the seller. If the Offer is accepted, the seller appoints the Conveyancer and the Estate Agent will liaise with the Conveyancer on behalf of both buyer and seller and ensure that the entire process is handled in a professional manner. Transfer and registration of title in the Deeds' Registry should normally take no longer than eight weeks from date of acceptance by the seller of an Offer to Purchase. The Agent receives his commission for services rendered once the transfer has been registered.

The following links from attorneys Smith Tabata Buchanan Boyes provides an excellent background on purchasing property in South Africa.

Purchasing Property in South Africa (702 KB Adobe Acrobat 7.0 file)

Legally compliant real estate agents

Ensure your Estate Agent is a registered Real Estate Agent holding a valid Fidelity Fund Certificate (FEC) from the Estate Agency Affairs Board (http://www.eaab.org.za). Request to see your Agent's valid FEC. A valid FEC will ensure compensation from the EAAB's Fidelity Fund should you incur any financial loss in your dealings with the Estate Agent.

If you have any further queries, please contact us and we will assist you.

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