Here are the answers to your most urgent questions.
Please reach us at callie@lloydinc.co.za if you cannot find an answer to your question.
Let's walk through the process.
As a purchaser, you need to present a written offer, conduct thorough due diligence, and secure financing if necessary. Once a sale agreement is reached, all the terms and conditions will be outlined, and the seller's attorney will register the property under your name. You will be responsible for paying the purchase price and any related costs, while the seller is accountable for the estate agent's commission, if applicable. The transfer of ownership will then be recorded at the Deeds Office, and you can move in. The sale agreement specifies the payment of occupational interest by either party for occupancy before or after transfer.
When transferring ownership of immovable property, several parties are involved, including the seller, purchaser/buyer, conveyancer, and potentially an estate agent.
The conveyancer is a licensed attorney who handles the legal aspects of the property transfer process, and our fees are typically based on the purchase price of the property and regulated by the Legal Practice Council.
The purchaser is responsible for paying transfer duty, a tax based on the purchase price of the property, as well as other costs such as bond registration (if applicable) and transfer costs. The Deeds Office also charges a fee for registering the transfer of the property and updating official records.
If an estate agent is involved, the commission is typically paid by the seller and agreed upon beforehand. It's important for the seller to provide various clearance certificates to ensure there are no outstanding debts or safety concerns. Any prepaid rates and taxes on the property from the date of transfer may need to be reimbursed by the buyer to the seller.
Before applying for a home loan, it's important to evaluate your financial position. This involves assessing your income, expenses, and existing debts to determine how much you can afford. After this, it's time to research reliable financial institutions that offer home loans. Make sure to compare the interest rates, repayment terms, and additional fees to find the best option for your requirements.
You'll need to have certain documents ready, such as your ID or passport, proof of income, proof of address, employment details, and personal financial statements. However, this may vary if you plan to register the property in a trust or legal entity.
Once you've chosen a financial institution(s), you can submit your application. The lender will then carry out a credit assessment to establish your creditworthiness and might require a property valuation if your application is pre-approved. If your home loan is approved, carefully examine the loan offer, including the interest rates, repayment schedules, and any other conditions.
After you have accepted the terms, kindly sign and return the agreement to the lender. The lender will then proceed to register a mortgage bond on the property as security for the loan. Please be aware that you will be responsible for covering the registration fees associated with the bond registration.
Upon registration, the lender will disburse the loan amount directly to the transferring attorneys, who will then pay the seller of the property. You'll begin making regular monthly repayments which will include both the principal loan amount and interest. Remember that it's important to make your repayments on time to avoid any penalties or legal action.
When couples decide to get married, they may choose to sign a prenuptial agreement, also known as a "prenup" or "antenuptial contract". This legal document outlines how your assets and debts will be handled in the event of a divorce or death, as well as to protect your assets against any existing or future creditors of your spouse.
To ensure that the prenup accurately reflects the couple's wishes, it's important to include the following in the agreement:
It's important to remember that each prenuptial agreement is unique and should be tailored to your specific needs and circumstances. By including these assets in the prenup, you can ensure that your assets and debts are protected and handled fairly in the event of a divorce or death.
It is crucial to note that a prenuptial agreement must be in writing, entered into voluntarily and signed by both parties before the wedding takes place to be legally binding. It cannot be entered into after the marriage has occurred. The terms of the agreement should be equitable and reasonable to both parties.
Finally, it is essential that the signed prenuptial agreement be registered by a Notary Public at the Deeds Office within three months of execution to ensure its validity. By following these guidelines, you can ensure that your prenuptial agreement will be legally valid and enforceable.
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