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WHY IS IT THAT THE SELLER APPOINTS THE CONVEYANCER TO TRANSFER THE PROPERTY, BUT THE BUYER MUST BEAR THE COSTS OF TRANSFER?

Dec 3, 2019

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“I’m selling my property, and the prospective purchaser has been insistent that his attorney attend to the conveyancing work necessary to pass transfer. He says that as he is paying the fees and costs of transfer that he should be allowed to appoint the conveyancer – shall I allow him to do so?”

Given that the seller carries the greater risk in a property transaction (it is his property and ultimately his money at stake!), our common law dictates that the seller is the party entitled to appoint the conveyancing attorney. It makes sense that the seller be entitled to the protection afforded by his attorney in ensuring that the purchaser complies with his financial obligations in securing the purchase price timeously and that transfer is passed without delays occasioned by the purchaser.

It is nevertheless quite possible for the parties to agree that a particular conveyancer be appointed to pass transfer of the property purchased, although it must be borne in mind that the instructing party would remain the seller. The role of the conveyancer is to give effect to the provisions of the sale agreement and to balance the interests of both seller and purchaser in this regard. In the event of a dispute arising on the terms of the agreement, it is usually the purchaser who is advised to seek independent legal advice.

So, sellers, choose a conveyancer with experience and a proven track record to represent you in the sale and transfer of your property. FHA invites you to make contact with us to assist you in the lead-up to your sale, which we undertake to do for you at no charge. We look forward to being of professional assistance to you when you are ready.