When purchasing property in South Africa, various legal professionals play distinct roles in ensuring that the transaction is compliant, secure, and properly registered. Two of the most crucial players in this process are bond attorneys and transfer attorneys. While their work overlaps in timeline and coordination, their mandates, appointment processes, and responsibilities differ significantly. 

What Is a Transfer Attorney?

Transfer attorneys — also known as transferring attorneys or property transfer attorneys — are appointed by the seller, but their fees are typically paid by the buyer. Their primary duty is to facilitate the legal transfer of property ownership from the seller to the buyer, ensuring compliance with the Deeds Registries Act and all related legal requirements.

Their role is administrative, legal, and financial in nature, and includes the following responsibilities:

• Drafting the deed of transfer, which legally records the buyer as the new owner of the property.
• Applying for and securing rates clearance certificates from the local municipality and, in sectional title schemes, levy clearance certificates from the managing body corporate.
• Calculating and arranging payment of transfer duty or VAT, where applicable, to the South African Revenue Service (SARS).
• Conducting FICA compliance checks to verify the identity and legal status of all parties.
• Managing communications and documentation between estate agents, bond attorneys, cancelling attorneys (if there is an existing bond on the seller’s side), and the Deeds Office.
• Holding and disbursing funds, including deposits and the balance of the purchase price, in accordance with the agreement of sale.

Although the buyer bears the cost of transfer attorney fees, the transfer attorney represents the seller’s interests and is legally appointed by the seller. This can create tension in some transactions, which is why buyers are encouraged to remain actively informed throughout the process.

What Is a Bond Attorney?

A bond attorney is appointed by the lending institution — i.e. the bank that grants the buyer a home loan. Their role is to ensure the bank’s rights are secured through a legally registered mortgage bond over the property. This bond functions as collateral for the loan and must be properly recorded in the Deeds Office to be enforceable.

The bond attorney’s responsibilities are focused on:

• Drafting and preparing the loan registration documents, including the bond agreement, which outlines the terms and security over the property.
• Ensuring the property being bonded is the same property reflected in the sale agreement and loan approval.
• Liaising closely with the transfer attorney to coordinate simultaneous registration of the property transfer and mortgage bond.
• Lodging the mortgage bond with the Deeds Office for registration in favour of the bank.
• Verifying compliance with all lender conditions prior to registration.
• Managing payment of bond registration costs, which are payable by the buyer upfront, even though the attorney acts for the bank.

While bond attorneys act on behalf of the bank, the financial obligation for their fees lies with the buyer, and forms part of the broader cost of securing financing. Their involvement is crucial to ensure that the home loan can be paid out on time, as bond registration and property transfer must occur simultaneously to finalise the transaction.

Can One Attorney Fulfil Both Roles?

Yes — in some transactions, especially where both parties and the bank are amenable, a single law firm may be appointed to act as both bond attorney and transfer attorney. This often happens when a bank has a panel of approved attorneys and the transfer firm happens to be on that panel.

Allowing one firm to manage both processes can lead to:

• Faster turnaround times, due to streamlined communication.
• Fewer delays caused by document handovers and parallel checks.
• Greater consistency in managing timelines, compliance, and Deeds Office submissions.

However, this is not always possible. In many instances, the buyer’s bank will appoint its own bond attorney based on internal panel agreements, and the seller will insist on appointing a trusted transfer attorney. If there is any perceived conflict of interest — or if the parties are using different financial institutions — separate attorneys will be mandated.

Consent from all parties is required for dual appointment, and attorneys are bound by strict professional codes of conduct to avoid acting where a conflict could compromise objectivity or fairness.

How Bond and Transfer Attorneys Work Together

Though appointed by different stakeholders and representing different interests, bond attorneys and transfer attorneys must work in close coordination throughout the conveyancing process. Their workstreams converge at multiple points, particularly in preparing for simultaneous lodgement at the Deeds Office.

The process unfolds as follows:

1. The buyer secures bond approval from their chosen bank.
2. The bank appoints a bond attorney from its panel.
3. The seller appoints a transfer attorney to begin the process of property registration.
4. The transfer attorney prepares all necessary documents and coordinates with the bond attorney on timing.
5. The bond attorney finalises the loan documents and prepares for registration.
6. Both attorneys lodge their documents simultaneously at the Deeds Office.
7. Once examined and approved, the transfer and bond are registered on the same day — at which point the bank releases funds to the transfer attorney to complete the sale.

Delays on either side can cause cascading hold-ups, which is why clear communication and proactive coordination between these professionals is essential.

Why It’s Important to Understand the Distinction

Property transactions are high-value, time-sensitive legal transactions. For both buyers and sellers, knowing who does what — and who they are accountable to — can prevent confusion and mismanaged expectations.

• A buyer should be aware that they are financially responsible for both the transfer fees and bond registration fees, and should budget accordingly.
• A seller should know that while they appoint the transfer attorney, that attorney will also be liaising closely with the buyer’s legal representatives and their bank.
• Banks rely heavily on bond attorneys to secure their investment in the property — and will not release home loan funds until every condition has been met, verified, and registered.

Clear distinctions between these attorneys also help clarify liability and accountability should anything go wrong. Buyers should not expect bond attorneys to represent their personal legal interests. Similarly, while transfer attorneys facilitate the process, their legal allegiance is to the seller.

Understanding the unique roles of conveyancing attorneys, bond attorneys, and transfer attorneys can help you make more informed decisions, ask better questions, and ensure you are legally protected throughout the transaction.

VDM Attorneys – Conveyancing Attorneys in Sandton

At VDM Attorneys, we bring clarity and confidence to property transactions. Whether we are acting as your transfer attorneys, bond attorneys, or offering end-to-end conveyancing services, our approach is legally precise, deadline-driven, and client-focused.

We work closely with buyers, sellers, estate agents, and financial institutions to ensure that all legal and compliance requirements are met — from the first draft of the offer to the final registration at the Deeds Office.

Buying or selling property shouldn’t be a leap of faith. Work with conveyancing attorneys who understand the system and protect your position at every stage.