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« Get Close to Property Transfer Cost in South Africa | Main | Secrets you never learned about home building Labor, Materials, and Tools »

Get Close to Property Transfer Cost in South Africa continued

By arlene | February 20, 2009

For example: A property costs R70 000 and you have paid a deposit of 10 percent. The seller will expect occupational interest on the outstanding R63 000 at about the same rate as the mortgage bond rate applicable to this amount, unless otherwise specified, which currently stands at 16,25 percent but which is subject to regular change. Meanwhile the remaining 10 or 15 percent of the purchase price due in cash from the buyer in addition to the bond money, is probably languishing in some fairly low interest bearing deposit or even a current account. The trick here is to get this money in a suitably safe form to the seller as soon as possible after occupation and the best way to do so is to see if he is agreeable to it being paid over to his attorney for deduction from the amount outstanding.

Real Estate Aware

With more and more home-owners gaining the benefits of subsidized bonds, another financial hitch arises from delays in that the subsidy usually does not apply to occupational interest. Suddenly an effective repayment of about 4 or 5 percent on the amount of the subsidized bond becomes the full unsubsidized figure, which can easily be two or three times higher and can provoke a financial crisis if the delay is prolonged and you were not prepared for it.

This is not to say the purchaser making use of unsubsidized bond finance does not face a related problem. Here, extra expense can be incurred from the practice of most building societies to charge a type of holding cost on a bond that has been granted but not registered after a certain period of time, usually a couple of months. The charge is based on what the societies would have earned on the bond from the purchaser and what it is getting by keeping it in a short term deposit. Thus, the delayed purchaser can find himself paying say 5 percent on the cost of the bond to a building society, but still paying full occupational interest to the seller. At worst, it would leave a civil servant qualifying for a subsidy entitling him to an effective bond interest of about 5 percent, for example, paying about 14 percent occupational interest on say R40 000 to the seller, and about 5 percent on the R40 000 to the building society. It does not take much imagination to appreciate the implications of having to pay almost four times more than anticipated on a large sum for even a relatively short period and probably at a time when personal finances are already stretched to the limit.

Forget about trying to save on legal costs by attempting to undertake transfer yourself. The Registrar of Deeds will work only with a conveyancer, a person specially trained in drawing up deeds, a conveyancing attorney or the owner. Since preparation of the deed is restricted solely to the conveyancer, there is not much point in the owner getting involved in the process as he will still require professional legal services. In any event, he would not have much reason to become involved since the buyer is normally responsible for the costs of transfer.

Where a building society loan is required to facilitate the deal, the society lending the money will require a mortgage bond to be passed as security for this loan. The bond will then be registered simultaneously with the execution of the deed at the Deeds Office. Again, the buyer is unlikely to see the actual documents involved in this process, nor in fact to be much bothered with the arrangements since the attorneys acting for the building society and those attending to the transfer of the property liaise with each other, though most building societies will accede to a request for a copy of the mortgage bond document.

Other documents relating to transfer include a certificate stating that the rates have been paid for the year in advance, and an affidavit stating the purchaser belongs to a racial group complying with the zoning of the property in terms of the Group Areas Act. The conveyancer will also calculate the necessary transfer duty, for which a receipt should be obtained.

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Get Close to Property Transfer Cost in South Africa continued

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