Neuk_
Honorary Master
Doesn't the seller normally choose the legal 'leg'?
-
Join the MyBroadband community
South Africa’s biggest forum. Discuss, discover, and connect with thousands of members.
-
Question of the Day: How much are you willing to pay for a Springboks vs All Blacks ticket?
Offer to purchase question
- Thread starter APoc184
- Start date
Doesn't the seller normally choose the legal 'leg'?
deweyzeph
Honorary Master
That is the convention but it's not set in stone. There's nothing stopping the buyer from adding a clause in the OTP that they get to choose the conveyancing attorney instead of the seller.
zerocool2009
Honorary Master
The seller have preference, but the buyer can make it part of the OTP conditions actually.
deweyzeph
Honorary Master
It's actually a ridiculous convention. The buyer has to pay the conveyancing fees, it's only fair that the buyer gets to choose the conveyancing attorneys. That should be the default position, not the other way around as it currently is. But you'd be surprised how many sellers will fight a buyer on this.
zerocool2009
Honorary Master
Its actually the LAW! But I am now righting with the conveyancing attorney's (And they just say : They are acting on behalf of the client, the seller), and I paid the fees! How ironic!
quovadis
Honorary Master
The primary risk rests with the seller especially with a dodgy attorney who might prioritize his client by delaying lodgment due to finance failing, accepting questionable/incomplete security, prioritizing an onward resale to engineer a skip/transfer or simply doing whatever is necessary within the time prescribed to avoid their client defaulting...
zerocool2009
Honorary Master
In my full life on earth, I was never asked for a forensic audit, to proof where my funds where coming from! And I gladly did it!
My personal bank asked : How professional are these attorneys ? (and who selected them)
quovadis
Honorary Master
Wait till you buy a house from someone who owned it but wasn't technically registered as owner... or buys from you and sells it onto someone else never touching registration himself...
zerocool2009
Honorary Master
What is where the attorneys should be actually awaken, and DOING FICA checks and DEED office checks! (its basics)! But ja, things happen! Been at my local SAPS, a lady reported her house was sold without her knowledge!
Scary things!