A Guide to the Transfer and Bond Registration Procedure

Parties involved in the sale or purchase of a property

• Seller
• Estate agent
• Buyer
• Transferring Attorney (appointed by the seller to transfer the property to the buyer’s name).
• Bond Attorney (appointed by the bank receiving the bond).
• Cancellation Attorney (appointed by the bank canceling seller’s bond).

The same attorney could be dealing with more than one or all of the above transactions

Step 1

Purchasing a property
* The buyer and the seller sign the Offer to Purchase.
* The buyer applies for a bond with the bank

Step 2

Bond approval
· The bank approves the bond and advises the Bond Attorney to register the bond.

Step 3

Property transfer

• The seller advises the Transferring Attorney to transfer the property.
• The title deed and cancellation figures are requested from the bank which currently has a bond over the property.
• A statement of rates and taxes is requested from the local authority.

Step 4

Bond Attorney contacts Transferring Attorney

• The Bond Attorney advises the Transferring Attorney of the amount available for guarantees and requests the draft deed of transfer and guarantee requirements.

Step 5

Cancellation Attorney

· The Cancellation Attorney is requested to cancel the seller’s bond on receipt of a guarantee for the amount owing.

Step 6

Transferring Attorney

• The Transferring Attorney receives the title deed and cancellation figures and sends a copy of the deed of transfer    and the guarantee requirements to the Bond Attorney.
• The Transferring Attorney asks the buyer and seller to sign the transfer documents
• The buyer pays the transfer costs and the Transferring Attorney then pays the rates and taxes and transfer duty.

Step 7

Bond Attorney

• The Bond Attorney prepares the bond documentation together with the relevant account.
• The buyer signs the documents and pays the costs.
• The Bond Attorney prepares and issues the necessary guarantees, forwards them to the Transferring Attorney and prepares the Bond Documents for lodging at the Deeds Office.

Step 8

Transferring Attorney

• Once the Transferring Attorney has received the guarantees, they are forwarded to the Cancellation Attorney.

Step 9

Cancellation Attorney

• The Cancellation Attorney obtains a consent for cancellation from the bank which holds the seller’s bond.

Step 10

Documents prepared for the Deeds Office

• After all the documentation has been signed and the costs paid, the transfer, new bond and cancellation bond documents are prepared by the respective attorneys for lodging with the Deeds Office.

Step 11

Deeds Office

* All the documents are lodged simultaneously in the Deeds Office by arrangement with all the attorneys concerned.

* The Deeds Office takes approximately two to three weeks to check the documents before they are ready for registration by all the attorneys on the same day.

Step 12

Bank pays loan

• On the day of registration, the bank pays out the loan in accordance with the guarantees issued.
• Allow at least three months for the registration and transfer of the bond.

Factors that delay the registration of a bond

• Failure by the seller and/or buyer to provide personal information.
• Failure by the seller to provide details of the bank holding the existing bond.
• The existing bondholder delaying/not providing cancellation figures and title deeds to the Transferring Attorney.
• Delay in receiving rates figures (local authority) and/or clearance certificate (Transferring Attorney).
• Failure by the buyer to pay a deposit (if required).
• Delay in the provision of guarantees.
• Failure by the buyer to pay transfer and/or bond costs on time.
• Delay the seller in signing transfer documents.
• Delay by the buyer in obtaining government capital subsidy approval/employee income subsidy documents for new bondholders and failure to comply with other bank requirements.
• Delay by the buyer in signing transfer and/or bond documents.
• When the Bond Attorney, Transferring Attorney and Cancellation Attorney are three separate firms.