Private Sale Conveyancing in Pretoria — A Complete Guide
Sell your house without an estate agent in Pretoria — save on commission, draft a compliant Offer to Purchase, arrange compliance certificates, and manage your private sale transfer through the Deeds Office.
Written by admitted attorneys — plain language, no legalese
What is a Private Sale?
A private sale — sometimes described as selling property without an estate agent — is when a seller and a buyer negotiate and conclude a property deal directly. The parties agree on a price, record their agreement in an offer to purchase (OTP), and appoint a conveyancing attorney to handle the legal transfer of ownership.
Private sales are entirely legal in South Africa. There is no requirement that a property must be marketed through an estate agent. The only legal requirement is that the sale agreement must be in writing, signed by both parties, and that transfer must be effected by an admitted conveyancer (transfer attorney) through the Deeds Office.
The appeal is straightforward: by cutting out the agent, the seller avoids commission of 5–7% of the purchase price (plus 15% VAT on that commission). On a R2 million property, that is a saving of R115 000 to R161 000. That said, a private sale requires more effort and carries more risk if not handled correctly — which is why understanding the process matters.
R115 000 – R161 000
By selling privately, you avoid the estate agent's commission of 5–7% plus VAT — money that stays in your pocket or reduces the purchase price for the buyer.
Why Sell Your House Without an Agent in Pretoria?
Pretoria's property market — particularly areas like Waterkloof, Centurion, Moreleta Park, and the Eastern Suburbs — has an active community of buyers and sellers who sell property without an estate agent through word of mouth, social media groups, and property listing platforms. The savings from avoiding commission are significant.
Private sales also give both parties more flexibility. You can negotiate directly, move at your own pace, and tailor the terms of the offer to purchase to suit your specific circumstances — whether that is a longer occupation date, a seller's retention, or a specific suspensive condition around the buyer selling their existing home.
The key is to ensure that the legal framework — specifically the offer to purchase and the conveyancing process — is handled correctly from the start. Cutting corners on the paperwork is where private sales go wrong.
Steps in a Private Property Sale
The practical steps in a private sale mirror those of any other property transaction:
The Role of the Conveyancer
In a private sale, the conveyancing attorney (transfer attorney) is not optional — South African law requires that all immovable property transfers be handled by an admitted conveyancer. The conveyancer prepares and lodges the transfer documents at the Deeds Office, ensures all conditions of the sale are met, collects and disburses the purchase price, and confirms that the buyer receives clean, unencumbered title.
Conveyancer Responsibilities
- Prepares and lodges the deed of transfer at the Deeds Office
- Handles FICA compliance and SARS transfer duty submissions
- Coordinates with the bond attorney (buyer's home loan) and cancellation attorney (seller's existing bond)
- Collects the purchase price into trust and disburses to the seller on registration
- Ensures simultaneous lodgement of all documents for registration
- Confirms the buyer receives clean, unencumbered title
While the conveyancer acts on the seller's instruction in a private sale, they are required to act professionally and in accordance with the law. Importantly, they do not provide legal advice to either party about the terms of the sale — each party should obtain their own legal advice before signing the OTP.
Common Pitfalls to Avoid
Common Pitfalls in Private Sales
The most frequent mistake in private sales is signing an incomplete or poorly drafted offer to purchase. Missing suspensive conditions (such as a condition that the sale is subject to bond approval), ambiguous occupation clauses, or an absent voetstoots clause can create serious legal disputes. Always have the OTP reviewed — or drafted — by a conveyancer before signing.
A second common pitfall is overlooking the compliance certificates. The seller is responsible for providing an electrical compliance certificate at transfer, and depending on the property, other certificates may be needed. Arranging these takes time, and discovering defects that require rectification can delay the transfer significantly.
Underestimating the costs is another issue. The buyer needs to budget for transfer duty, conveyancing fees, Deeds Office levies, and bond registration costs (if applicable). Sellers must account for the cancellation attorney's fees and any shortfall between the sale price and their outstanding bond. Use our transfer cost calculator to get an accurate estimate before you proceed.
When to Get Legal Help
Tip
You should also seek legal advice if the sale involves a trust, a company, a deceased estate, or a property with a complex title — for example, a sectional title unit, a share block, or a property in an estate with a homeowners' association. These transactions have specific requirements that go beyond a standard freehold residential sale.
Our Pretoria-based attorneys have assisted buyers and sellers through hundreds of private sales. We can draft your offer to purchase, review the documents you have received, and guide you through every step of the transfer process with full transparency on costs and timing.
R20,000 fixed fee — private sale conveyancing
Save thousands on attorney fees. Our fixed conveyancing fee is R20,000 inclusive of VAT, no matter the purchase price — perfect for private sales where you're already saving on agent commission.
Written by
Pretoria Transfer Guide
MJ Kotze Inc
Common questions
Frequently asked questions
R20,000 fixed fee conveyancing — no surprises
Most attorneys charge R35,000+ for a R2 million transfer. We charge R20,000, inclusive of VAT, no matter the purchase price.