Purchase of Real Estate in Cape Town - South Africa Property
Considering the financial implications of either the purchase or the sale of a real estate it usually outshines all other Business ventures. Considerable amounts of the saved assets have to be invested and additional loans have to be taken up. For the seller on the other hand the property often represents the most important part of the own estate.
On account of this it is of special importance to know the legal implications on property purchase in South Africa. In the following we answer some frequently asked questions:
How does a purchase proceed?
Usually the purchaser makes an "offer of purchase". All the important elements such as the particulars of the respective parties, the details of the property, the purchase price and other facts are contained in this offer. Is the offer excepted by the seller it becomes a legally binding contract of sale. Contrary to German legal practise an additional notarial certification is not of need.
After the offer has been accepted the contract is send to a conveyancer who administers the deed registration in the presence of the Register of Deeds. Under normal circumstances the transfer takes 6-8 weeks.
What does the registration of deeds entail?
Each property is registered with the Deeds office and is open for the public. All information concerning the property, such as pervious and currant owners, size of the property, as well as restrictions and rights that are connected to the deed are stated in registration of deed.
Can I purchase a property as a tourist?
Yes, of cause you can purchase a property as a tourist.
Which additional costs do I have to keep in mind?
1. Transfer cost purchase price < R100.000 = free of transfer duty purchase price > R100.000 and < R300.000 = 5% of the price > R100.000 purchase price > R300.000 = R 10.000 + 8% of the price > R300.000
2. Conveyancing fees 1-2% of the purchase price are charged for conveyancing fees
Do I have to pay commission to the estate agent?
No, in South Africa the commission is usually paid by the seller.