Who Appoints the Conveyancer? — Your Rights Under South African Law
Who has the right to appoint the transfer attorney in a South African property sale? Learn the common law rule, what the Property Practitioners Act says about estate agents nominating conveyancers, and how to protect your rights in the OTP.
Written by admitted attorneys — plain language, no legalese
The Common Law Rule: The Seller Appoints
In South African property law, the seller appoints the transfer attorney (conveyancer). This convention is rooted in the nature of the transfer process itself: section 20 of the Deeds Registries Act requires the owner — or the owner's authorised agent — to sign the deed of transfer. Because the seller is the party divesting themselves of ownership, the authority to instruct the attorney who prepares and lodges the transfer documents logically rests with the seller.
Key Legal Precedent
The High Court in Agu v Krige (2019) confirmed that the appointment of the conveyancer is a material term of the offer to purchase — as important as the purchase price or the commission payable. Courts have repeatedly emphasised that this appointment is "no trifling matter."
The rule is not absolute. The parties can agree in the offer to purchase (OTP) that the buyer, or a jointly chosen attorney, will handle the transfer. But if the OTP is silent on the question — or simply uses standard wording — the seller's right to appoint prevails. The practical consequence is that the buyer pays for a service the seller arranges — a quirk of South African property law that often surprises first-time buyers.
Estate Agents and Conveyancer Appointments: What the Law Prohibits
This is where the law draws a sharp line. When a property is sold through an estate agent, the agent has no right to dictate — or even to steer — the choice of conveyancer. The Property Practitioners Act 22 of 2019 and the Legal Practice Council's Code of Conduct contain specific prohibitions that both sellers and buyers should understand.
Property Practitioners Act, s 58 — Prohibition on steering consumers to a particular conveyancer
Section 58 prohibits any property practitioner from entering into an arrangement — formal or informal — that obliges or encourages a consumer to use a particular service provider, including a conveyancer. Any arrangement that results in an unfair advantage to a particular property practitioner — such as when a seller is compelled to use a specific conveyancer — is a prohibited business practice under the Act.
If a property practitioner breaches this provision, the consumer is entitled to a refund of any remuneration paid. The service provider can also be required to repay any fees received, with interest.
LPC Code of Conduct, Rule 17 — Pre-printed conveyancer names on deeds of sale
A conveyancer may not act on a deed of sale in which the attorney's name or firm name has been pre-printed as the transferring attorney — unless the conveyancer received a separate written instruction from the client before the deed of sale was signed.
In plain terms: if an estate agent hands you an OTP with a conveyancer's name already filled in or pre-printed on the form, and you did not give that conveyancer a prior written instruction, that conveyancer is not permitted to act on that document. You are entitled to nominate your own conveyancer before signing.
Kickbacks and Referral Fees
The Property Practitioners Regulatory Authority (PPRA) and the Legal Practice Council (LPC) have issued a joint communication confirming that they have received numerous complaints about kickbacks between property practitioners and conveyancers — the allocation of professional work in exchange for monetary rewards or other incentives.
The following inducements are expressly prohibited:
Prohibited Inducements
- Cash payments or monetary rewards for referral of work
- Petrol vouchers, gifts, or entertainment in exchange for instructions
- Payment of personal expenses — rent, phone bills, tuition, holidays
- Marketing contributions that are not strictly pro rata
- Fee-sharing arrangements that secure work solicited by non-attorneys (Rule 12)
- Buying work or rewarding third parties for client referrals (Rule 18.10)
- Touting through payment of money or other financial inducements (Rule 18.22)
Both regulators have adopted a zero-tolerance approach. Any benefit received by a conveyancer from a property practitioner is treated as an inducement unless the contrary is proven.
Penalties for Non-Compliance
Property Practitioners
Fines up to R200 000, withdrawal of fidelity fund certificate, and potential suspension.
Conveyancers
Disciplinary proceedings by the LPC, suspension from practice, or being struck from the roll.
What This Means for You
If You Are the Seller
You have the right to appoint any admitted conveyancer of your choosing. No estate agent can require you to use a particular attorney, and no agent may present you with an OTP that pre-selects a conveyancer without your prior instruction. If the agent applies pressure or insists on a specific conveyancer, that conduct may breach section 58 of the Property Practitioners Act.
Before you sign the OTP, check the conveyancer clause. If a conveyancer has been named and you did not instruct that appointment, you are entitled to change it. This is your appointment to make — exercise it.
If You Are the Buyer
You pay the transfer fees but do not control the appointment — unless the OTP provides otherwise. If you have a strong preference for a particular conveyancer, raise this during the negotiation of the OTP, before you sign. Once the OTP is signed, the appointment is settled.
In a private sale — where no estate agent is involved — you have significantly more room to negotiate the conveyancer appointment. Many private sale parties agree on a specific Pretoria conveyancer based on a recommendation or prior relationship. This agreement must be recorded in the OTP. A verbal agreement will not be enforceable — get it in writing.
Bank-Appointed Attorneys
When the buyer takes a home loan, the bank appoints its own bond attorney to register the mortgage bond. This is a separate appointment from the transfer attorney. The bank chooses from its approved panel — the buyer has no input. The buyer pays the bond attorney's fees, but the attorney acts in the bank's interest in registering the security over the property.
If the seller has an existing bond, a cancellation attorney (appointed by the seller's bank) is needed to cancel that bond at the Deeds Office. This is a third appointment controlled by the relevant bank. All three attorneys — transfer, bond, and cancellation — must coordinate to lodge their documents simultaneously at the Deeds Office. An experienced transfer attorney manages this coordination efficiently.
How to Choose a Conveyancer in Pretoria
If you are the seller — or a buyer negotiating the appointment in a private sale — selecting the right conveyancer is an important decision. Look for:
What to Look for in a Conveyancer
- Experience with Tshwane Municipality clearances and the Pretoria Deeds Office
- Familiarity with your property type — freehold, sectional title, or estate
- A written, itemised cost estimate provided upfront before you instruct them
- Clear communication with both parties throughout the transaction
- Specialist admission as a conveyancer (not just an attorney) and good standing with the LPC
Our Pretoria attorneys are experienced conveyancers with an established presence at the Pretoria Deeds Office and a track record of smooth, transparent transfers — and we charge a fixed fee of R20,000 (VAT inclusive) instead of the sliding-scale tariff.
Fixed fee: R 20 000 (VAT incl.)
On a R 2 000 000 property, you save R 20 963 vs the LSSA guideline tariff.
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Most attorneys charge R35,000+ for a R2 million transfer. We charge R20,000, inclusive of VAT, no matter the purchase price.