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Sale registration prerogative

I recently purchased a property and was told by the estate agent that it was the seller's prerogative to appoint an attorney to attend to the registration of the sale.  Is this correct? 

The usual practice is for the seller to appoint a conveyancer to attend to the registration of transfer and most Offers to Purchase will reflect this, although like other aspects of a sale agreement can be varied between the parties. The seller being the recipient of the proceeds of the sale needs to be comfortable in the knowledge that the conveyancer has his interests at heart. The registration process is complex and the timing to effect transfer is dependant on many factors. 

The efficiency of the conveyancer certainly plays a part although other factors such as issuing of guarantees, rates clearance certificates and timeous payment of legal costs apart from many other issues can certainly delay the transfer process. 

The purchaser may, however appoint a conveyancing attorney for advice, but these charges will be over and above the usual attorney fees which are payable to the conveyancer who will be attending to the actual transfer. If you have not as yet received correspondence from the conveyancer confirming that they are attending to the registration process I suggest you call your estate agent to follow up on your behalf.


06 Nov 2018
Author Denese Zaslansky
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