ESTATE AGENTS AND CONVEYANCERS: UNDERSTANDING THE DISTINCT ROLES

THE ESTATE AGENT: A SALES AND MARKETING PROFESSIONAL

Estate agents play a critical role in the property industry. Their expertise lies in marketing properties, negotiating deals, and guiding buyers and sellers through the sales process. A skilled estate agent understands the market, provides valuable insights, and ensures that the right buyers are matched with the right properties.

However, while estate agents are specialists in sales and marketing, the legal aspects of a sale agreement, property transfer and any issues that arise therefrom fall outside their scope of expertise. They are not trained in property law, contract interpretation, or compliance requirements. This is where the role of a trusted, experienced conveyancer becomes essential.

A competent estate agent recognizes the importance of legal expertise and will often seek the assistance and guidance of a conveyancer when completing their standard sale agreement. In many cases, they will recommend a conveyancer based on experience, service levels, and efficiency, ensuring that their clients receive the best possible legal support. This collaboration between estate agents and conveyancers is key to ensuring a seamless transaction.

Where there is a deviation from the agent's usual standard agreement, it is advisable to involve a conveyancer before concluding the sale. Special conditions, additional clauses, or unique terms can have significant legal implications, and early legal input helps prevent complications, disputes, or delays.

According to the Estate Agents Code of Conduct, referrals must always be based on service levels, professional competence, and the quality of the conveyancer's work. Estate agents are prohibited from recommending conveyancers for any reason other than their ability to provide excellent service to clients. This ensures that the focus remains on the best interest of the client, rather than any personal or financial incentives.

THE CONVEYANCER: A SPECIALIST ATTORNEY

Once an offer has been signed, the conveyancer takes over the legal process of transferring ownership. A conveyancer is a specialist attorney trained in property law, responsible for ensuring that the sale agreement meets all legal requirements and that ownership is transferred correctly.

Their duties include:

• ensuring that that the sale agreement is valid and enforceable if they were not involved in drafting it
• ensuring compliance with the Deeds Registries Act and other relevant legislation in giving effect to the transfer
• Liaising with banks, SARS, and local municipalities to ensure all financial and regulatory aspects are addressed.
• Facilitating the transfer of ownership by preparing and lodging the necessary documents at the Deeds Office.

The conveyancer's role is not sales-driven but focused on ensuring legal accuracy, risk mitigation, and compliance. A strong working relationship between estate agents and conveyancers ensures that transactions proceed smoothly and efficiently, with each professional focusing on their area of expertise and the clients best interests.

by Maria Davey - Meumann White Attorneys