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How to test reasonability of conveyancing fees

After sending yesterday's newsletter on safeguarding your interests during property transfers; several readers reached out with concerns about the conveyancing fees they were being charged. They felt the fees seemed unusually high. The properties involved were valued at under R1 million. Affordability is a key concern, and it’s essential to ensure you’re not being overcharged. It's often those who can least afford to be overcharged, who don't know how to test reasonability of fees; and this lack of expertise is compounded by them being too scared to negotiate the fees (or not even aware that they can negotiate).

How to check reasonability

It is quite easy to check the reasonability of transfer fees; simply:

  1. click here to access a property transfer costs calculator
  2. type in the purchase price
  3. press the calculate button

After pressing calculate you'll see what the standard property transfer fees would be for that purchase price.

Don't be scared to negotiate!

Whilst most of the cost items are outside the conveyancer's control, a significant element of the total fees are the Transfer attorney fees, and this can be negotiated! The Law Society sets the level of standard Transfer Attorney Fees; but those who have not been exposed to proeprty sales before may not know that you can negotiate those fees downward. Lawyers aren't allowed to advertise lower fees, so they wont come up with the suggestion to lower fees, but conveyancing attorneys may reduce the fees as part of the negotiations with the client. The key point is that you, the client, have to initiate and drive the negotiation for lower fees, the conveyancers cannot and wont suggest it.

NB: BEFORE signing an Offer to Purchase

If you are thinking of Selling or Buying Property; before signing anything contact lawyer@capetownlawyer.co.za for assistance with appointing a property legal expert to protect your interests in the drafting of the offer to purchase/property sale agreement and the transfer process. It is critical that you email and get feedback BEFORE signing the offer to purchase.

Conveyancing books: (1) The Practitioners Guide to Conveyancing and Notarial Practice (2) Consolidated Chief Registrar of Deeds' Circulars and Conference Resolutions, (3) The Law and Practising of Conveyancing in South Africa

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Expect errors and omissions. You should appoint an attorney if you require legal advise or information, and all information on this website, in our emails or otherwise transmitted to you should be cross-checked with your appointed lawyer before you make a decision. We do our best to avoid mistakes, but we are human and they do happen and should be expected. Also, articles sometimes get out of date and thus may not be accurate on the date read. Use of our information is subject to not holding any of the parties who composed or published the material on this website, emails, or otherwise transmitted or were involved (or associated websites) in any way liable for anything which results from the use of our material.Some of what we write consists of opinions, and it's possible that others may arrive at different valid opinions, or that we will change our opinion without notice. www.capetownlawyer.co.za and its owners and associates hereby absolve themselves of any liability for potential loss, damage, injury, or expense incurred due to the use of or reliance upon the information provided through this service. Furthermore, they do not guarantee the truth, accuracy, or completeness of said information.

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