Can I Change Conveyancers During the Conveyancing Process in South Africa?

The conveyancing process in South Africa can be complex and lengthy, and at times, you may feel dissatisfied with the services of your appointed conveyancer. Whether it's due to poor communication, slow progress, or a lack of trust, you might wonder: Can I change conveyancers during the conveyancing process? The short answer is yes, but it comes with important considerations and implications. In this article, we’ll explore how and when you can switch conveyancers, the potential impact on your property transaction, and how to make the transition as smooth as possible.

Understanding the Role of a Conveyancer

Before diving into the details of changing conveyancers, it's essential to understand the role they play in a property transaction. A conveyancer is a specialised attorney responsible for transferring property ownership from the seller to the buyer. They handle all the legal paperwork, including lodging documents at the Deeds Office, conducting property searches and ensuring that municipal rates and taxes are up to date.

Given the importance of their role, having a reliable and competent conveyancer is crucial to ensuring a smooth property transfer.

Why You Might Want to Change Conveyancers

There are several reasons why you may consider changing your conveyancer during the process:

1. Lack of Communication: Poor communication is one of the most common complaints in conveyancing. If your conveyancer is slow to respond to your queries or fails to keep you updated on the progress of the transaction, it can cause frustration.

2. Delays in the Process: If the conveyancing process is taking longer than expected due to inefficiencies or negligence, you may feel the need to switch to someone who can expedite the process.

3. Loss of Trust: If you no longer trust your conveyancer to act in your best interest, whether due to errors or perceived incompetence, it might be time to consider a change.

4. Higher Than Expected Fees: Unexpected fees or a lack of transparency about costs can lead to dissatisfaction, prompting you to seek an alternative conveyancer.

Can You Legally Change Conveyancers?

Yes, it is legally possible to change conveyancers during the conveyancing process in South Africa. However, doing so requires careful consideration of both the practical and legal implications.

1. If You Are the Buyer or Seller

• Buyer's Role: In South Africa, the seller typically appoints the conveyancer. However, if you are the buyer and you feel that the appointed conveyancer is not performing to your satisfaction, you can request a change. The seller must agree to this switch, and the new conveyancer would then take over the process. If the seller refuses, you may need to negotiate or seek legal advice.

• Seller's Role: If you are the seller and have appointed the conveyancer, you have more flexibility in deciding to switch. However, you would still need to inform the buyer and ensure a smooth handover of documentation to the new conveyancer.

2. Transferring Documents and Costs

• Documents: If you change conveyancers, the original conveyancer is required to hand over all documentation and relevant information to the new conveyancer. This includes the sale agreement, deeds and any other legal documents.

• Costs: You will need to settle any fees for work already completed by the original conveyancer before they release the documentation. This means you could end up paying for services from two conveyancers. It's essential to weigh the costs of switching before making a decision.

Implications of Changing Conveyancers

While switching conveyancers is possible, it comes with several implications that you need to consider:

1. Potential Delays

• Changing conveyancers mid-process can lead to delays in finalizing the transaction. The new conveyancer will need time to get up to speed with the case, review the documents and re-lodge any necessary paperwork with the Deeds Office.

• The delay could be particularly problematic if you're working with a strict deadline, such as an upcoming property transfer date or a bond approval expiration.

2. Additional Costs

• As mentioned earlier, you may need to pay the original conveyancer for the work they have completed up until the point of termination. In some cases, this can add up to a significant amount, especially if they have already lodged documents or completed searches.

• You will also need to pay the new conveyancer's fees, which could include redoing certain tasks to ensure compliance with legal requirements.

3. Legal Disputes

• If your original conveyancer refuses to release documents or attempts to charge excessive fees for incomplete work, it could result in a legal dispute. It’s important to review the terms of your agreement with the original conveyancer and seek legal advice if necessary.

How to Change Conveyancers During a Transaction

If you have decided to change conveyancers, follow these steps to ensure a smooth transition:

1. Communicate Your Decision: Inform your current conveyancer of your decision to terminate their services. It’s best to do this in writing, providing clear reasons for the switch.

2. Settle Outstanding Fees: Request a detailed invoice for the work completed so far and settle any outstanding fees. This will allow the conveyancer to release your documents to the new conveyancer without delay.

3. Appoint a New Conveyancer: Choose a new conveyancer with care. Look for someone with a solid reputation, good communication skills, and transparency in their fees. Ensure they are experienced in handling the specific type of property transaction you are dealing with.

4. Notify All Parties Involved: Inform all relevant parties, including the buyer, seller, and any financial institutions involved in the transaction, about the change in conveyancers. Provide them with the contact details of your new conveyancer to ensure smooth communication.

Conclusion

While it is possible to change conveyancers during the conveyancing process in South Africa, it's not a decision to be taken lightly. Switching conveyancers can lead to delays, increased costs, and potential legal complications. However, if your current conveyancer is not providing the service you expect, and you believe that a change is necessary to protect your interests, it may be worth considering.

At Barter McKellar, we understand the complexities of conveyancing and strive to offer exceptional service to ensure your property transaction proceeds smoothly. If you're considering switching conveyancers or need advice on the process, contact us today for a consultation.