What is conveyancing?

Conveyancing relates to the legal process that transfers ownership of a home from the seller to the buyer. The conveyancer (an attorney) is usually appointed by the seller but paid for by the buyer.

What is the role of the conveyancer?

The conveyancer ensures the deed of sale meets legal requirements, gathers supporting documents, drafts transfer and bond documents, and lodges everything at the Deeds Office to register the sale.

Who appoints the conveyancer?

The seller appoints the conveyancer by default, though the parties can agree otherwise.

How are conveyancing fees calculated?

They are generally calculated on the purchase price (or bond amount) per the Legal Practice Council guidelines. Transfer duty and bond costs are separate.

To whom is the property deposit paid?

The deposit is paid into the trust account of the agent or the conveyancer and invested for the purchaser’s benefit.

What is a suspensive condition?

It suspends the agreement’s obligations until a future event occurs—e.g., approval of the buyer’s bond.

What if the suspensive condition is not fulfilled?

The agreement is null and void, and no damages can be claimed.

Who pays transfer costs?

The purchaser pays transfer costs to the conveyancer, including transfer duty, and is liable for bond registration costs.

What is transfer duty?

It is a statutory tax paid to SARS on the value of the property. SARS typically uses the purchase price unless it believes the true value is higher.

What are bond registration costs?

Fees payable to register the mortgage bond, handled by the bond attorney; separate from transfer costs.

What is the transfer process?

After an offer is accepted, the buyer secures bond approval. Transfer, bond, and bond cancellation attorneys coordinate documents, clearances, and lodging at the Deeds Office for registration.

What costs does the seller pay?

Bond cancellation attorney fees, municipal rates clearances, body corporate levy clearances (if applicable), compliance certificates, and the agent’s commission.

When are transfer costs paid?

Usually after the purchaser signs the transfer documents.

Can transfer documents be signed overseas?

Yes, but procedures vary by country—often before a Notary Public with apostille, or at a South African embassy.

How long does a transfer take to register?

Approximately 8 weeks, depending on contract timelines, cooperation from parties, and third-party processing times.

How long after lodgement until registration?

Typically 7–10 working days, depending on the Deeds Office.

What happens to the original title deed after registration?

After microfilming, the Deeds Office releases it to the attorneys; if a bond is registered, the bank holds it until the bond is cancelled; otherwise, it is given to the owner.

Where do Benaters operate?

Nationwide in South Africa, with a dedicated office in Johannesburg.

How does Benaters ensure legal compliance?

By following current legislation and procedures, triple-checking documents, and maintaining strong relationships with Deeds Offices across South Africa.

Who are the conveyancing specialists at Benaters?

A team of experienced conveyancing attorneys and paralegals with 20+ years of combined experience.

What documents are required for conveyancing?

It depends on whether you buy, sell, or transfer property and whether you are an individual, company, close corporation, or trust.

What is the typical duration for conveyancing with Benaters?

Typically 3–4 months, subject to conditions, cooperation from parties, and any delays at SARS or the Deeds Office.

Property conveyancing lawyers in South Africa

Why Benaters?

Putting our clients first — always

At Benaters, we know legal matters affect real lives — your home, your family, your future. Whether you’re buying or selling property in Johannesburg or Sandton, drafting a will, administering a deceased estate, or needing documents notarised and apostilled for use outside South Africa, you want clarity, speed and someone who treats your matter as if it were their own.

Since 2009, our team has combined technical legal skill with practical, human-centred service. We listen, we explain, and we work with you until the outcome is achieved.

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Memberships + Affiliations

Comprehensive legal services in Johannesburg & Sandton

Our property transfer attorneys manage every step of the sale or purchase — from checking title and securing the necessary clearances, to registration at the Deeds Office — so you can move forward with confidence.
We draft clear, legally robust wills and build estate plans that protect your family, reduce the risk of future disputes and ensure your wishes are carried out.
When someone dies, paperwork and timelines can be overwhelming. We guide executors and beneficiaries through the Master of the High Court process, estate accounts, and asset distribution with empathy and efficiency.
Need a document notarised, authenticated, or apostilled for international use? We provide complete notary services and handle DIRCO/High Court legalisation steps so your documents are accepted abroad.

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Real clients, real voices

“Shaun processed my documents cross-border and in record time. I am based in Mozambique … Benaters was able to conclude the process in record time. I highly recommend.”

— Joao Guirengane
“My email was immediately replied, and the information was valid. Very grateful for professional and speedy service!”

— Adrienne Rivera
“Shaun was a pleasure to deal with. Explained the procedure and assured me it would take a few days and he was true to his word. Thank you Shaun I am truly impressed with outstanding service.”

— Rita Mansur
“So well organised and professional! First class service.”

— Thembelihle Mabaso
“Roxanne is professional at all times and is so super-efficient. She communicates at all times with all parties and is honestly the best conveyancing attorney we have used. Beyond five-star service! Benaters is by far our attorneys of choice!”

— Wendy Diamond
“Roxanne is an absolute pleasure to deal with — she is efficient and thorough and communicated with us throughout the process. We had the best experience working with Benaters Attorneys. Roxanne is super efficient with correspondence and following up with the relevant stakeholders. We were always kept in the loop with the progress on our matters.”

— Client

Experience & credibility

Established in 2009, delivering trusted legal service for over 15 years.
Shaun Benater: Managing Partner, with extensive experience in cross-border matters, document legalisation and client advisory, praised for professionalism, clarity and results.
Roxanne Benater: Attorney, Notary Public & Conveyancer, and Administrator of Deceased Estates, known for efficiency, clear communication and care.
Proven track record of timely, accurate handling of property transfers, estate matters and international document legalisation.
Client-first reputation: clients consistently cite responsiveness, clear communication and follow-through as reasons they recommend Benaters.

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What makes us different?

Clear communication — We explain the legal steps in plain language so you know what’s happening and why.
Tailored solutions — Your situation, not a template — from a simple will to complex estate administration or apostille needs.
Transparent costs & timelines — We set realistic expectations and confirm fees and stages up front.
Compassionate support — We treat sensitive matters with respect — especially when families are grieving.
Local roots, international capability — Johannesburg & Sandton presence with practical experience in international probate, international deceased estate administration and document legalisation.

How we work — what to expect

We listen — we start by understanding your objectives, concerns and deadlines.
We explain — you receive a clear outline of the steps, estimated timelines and likely costs.
We act — our team coordinates with banks, Deeds Office, Master of the High Court, DIRCO, or embassies as required.
We follow through — we keep you updated and help with any follow-up documentation or queries.

Residential conveyancing in South Africa

Practical client scenarios

Buying or selling a home in South Africa

You want a smooth transfer so you can move in or out on schedule. We check the offer to purchase or sale agreement and title deed. We liaise with bond registration attorneys or bond cancellation attorneys if needed. We coordinate with the Deeds Office and keep you informed at every milestone.

Updating a will after a life change

A marriage, a new child, or a significant asset requires an updated will. We draft precise clauses that reflect your wishes and reduce future uncertainty for your family.

Document legalisation for overseas use

Whether for study, work or asset transfers abroad, we manage notarisation and apostille steps so your documents are accepted internationally.

Administering a deceased estate

Executors often need fast, practical assistance. We prepare estate liquidation and distribution accounts, liaise with the Master and advise executors and beneficiaries clearly and calmly.

Frequently Asked Questions

A notary certifies and verifies documents locally. An apostille (DIRCO or High Court) authenticates documents for use in another country. Some matters require both steps; we advise on the correct route.
Times vary depending on bond registration or cancellation, municipal rates and deeds office processing. We provide an estimated timeline after our initial consultation.
Typical initial documents include the death certificate, ID of the deceased, a will (if any), and details of assets and liabilities. We help you compile exactly what the Master requires.
We set out fee estimates and a breakdown of anticipated disbursements before work begins. If the scope changes, we discuss options and costs before proceeding.

Timeliness & commitment

Responsive and proactive

We keep communication clear and follow up with all relevant parties.

Efficient execution

Our goal is accurate, timely results without unnecessary delay.

Ongoing
support

Once a matter is finalised, we remain available for related questions or future updates.

Let’s move forward together

If you’re weighing options, choose a legal partner known for professionalism, clarity and real care. With Roxanne and Shaun leading client matters, Benaters offers the technical skill and the personal attention you deserve.

Contact Benaters to discuss your needs, obtain a clear plan, and receive a transparent estimate of cost and timing. We’ll explain the next steps and help you choose the best path forward.

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