It's widely accepted in South Africa that the Seller has the right to nominate the Conveyancing Attorney in a property transaction. It's a longstanding norm in the industry and a legally supported one. But is it necessarily the best approach for all parties involved?
At Barnard Inc. we believe that while the Seller's right of appointment is not in dispute, the real priority should always be professionalism, neutrality and trust. That's why it's worth reconsidering the traditional approach and allowing an experienced, unbiased Conveyancer like Barnard to step in for the benefit of everyone involved.
The Traditional Practice: Seller Appoints vs Buyer Pays
It might surprise many first time Buyers to learn that, although the Seller appoints the Conveyancer, it is usually the Buyer who pays the conveyancer's fees as part of the transfer costs. This arrangement often leaves the Buyer with very little say in who handles one of the most critical legal processes of the entire transaction.
The reasoning is simple: the Seller is the one transferring ownership, so they get to choose the legal professional to handle the process. In practice however, a Conveyancer cannot ethically act as the legal representative of either the Buyer or the Seller, they must act as an independent officer of the Court to ensure the transfer is legally valid, compliant and enforceable.
Who does the Conveyancer really work for?
This is where confusion often arises. Although appointed by the Seller, the Conveyancer does not act for the Seller in the way a typical Attorney might in a dispute. The Conveyancer is bound by law to remain neutral, act fairly and protect the integrity of the transaction for both parties.
Still, perceptions of bias do arise, especially when issues or delays come up and that is why appointing a trusted, professional and truly neutral conveyancing firm is in everyone's best interests.
Why not let the Property Practitioner help?
In some cases, both parties might feel more comfortable letting the Property Practitioner (Estate Agent) suggest or facilitate the appointment of a reputable Conveyancer. While this can help, it is important to ensure that the recommended firm has no hidden interests or relationships that might affect the transaction's integrity.
The Barnard Solution: Professional. Neutral. Efficient.
At Barnard, we act with independence, integrity and precision. Our conveyancing team is trusted by Buyers, Sellers, Estate Agents and Developers because we prioritise:
- " Clear communication with all parties
- " Strict compliance with legal requirements
- " Efficient turnaround times and transparent billing
- " A professional, human approach to one of the most important transactions of your life
Whether you are the Seller appointing the Conveyancer, the Buyer paying the bill, or a Property Practitioner trying to protect both parties, it is worth appointing a firm that knows how to navigate the process fairly and professionally.
Choose a conveyancer who will treat both parties with respect and protect the transaction at every turn.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
