You’ve found the right buyer. The documents are in. It’s all moving along … until it isn’t. Mistakes during a property transfer aren’t common, but when they happen, they can cause a real headache. So, who takes the blame? And more importantly, who pays to fix it?
Here’s what you need to know.
Whose mistake is it, anyway?
In most cases, the conveyancer carries the responsibility if the mistake occurred on their side – incorrect documents lodged in the deeds office, failure to have a power of attorney properly signed or allowing a rates clearance to lapse. This might involve re-registering the property, paying additional fees, or resubmitting documents to the Deeds Office. And no, you shouldn’t have to foot the bill. Here’s how it works.
If an error is made in the sale process – wrong erf number on the agreement, no Property Condition Report obtained or not having the right people sign the agreement – it’s the estate agent that needs to correct it.
Digital tools are making things faster
With SARS eFiling now used to issue transfer duty receipts, some of the more tedious admin is out of your hands. And most banks, attorneys, and municipalities work on integrated systems, which means that errors and discrepancies can be picked up early. Still, even the best systems rely on people to use them properly. The deeds registration process is also becoming digital, so the time a transaction spends at the deeds office before registration occurs, will soon be halved.
Read more: Transfer Duty Receipts Now Obtained by E-Filing
If you’re caught in the middle
Don’t panic.
Get in touch with your conveyancer and ask for an explanation.
Keep records. The more detail you have at hand, the quicker things can be resolved.
If you hit a wall, speak to your estate agent. A good agent knows how to escalate the issue without making it worse.
In a nutshell
Mistakes do happen, but they don’t have to derail your deal. And with more of the transfer process moving online, many of the old bottlenecks are starting to clear.
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