Swemmer & Levin

Vredenburg & Velddrif: 022 713 2221
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Saldanha & Langebaan: 022 714 2244

When it comes to buying or selling property in South Africa, both buyers and sellers must consider several costs involved in the transaction. These costs vary depending on factors such as the property’s value and the type of sale.

Here’s a comprehensive breakdown of the costs buyers and sellers can expect to incur:

Buyer’s Costs

1. Transfer Duty
Transfer duty is a tax imposed by the South African government on the transfer of property ownership. As of March 2023, properties valued below R1,100,000 are exempt from transfer duty. For properties above this threshold, the transfer duty is calculated as follows:

  • From R1,100,001 to R1,512,500: 3% on the value above R1,100,000.
  • From R1,512,501 to R2,117,500: 6% on the value above R1,512,500, plus a flat rate.
  • For properties valued above R2,117,500, higher brackets apply with increased duty rates.

2. Conveyancing Fees
Conveyancing fees are legal fees charged by the attorney handling the transfer process. The attorney’s fees cover services such as the drafting and registration of the sale agreement, facilitating the transfer process, and ensuring that all legal requirements are met.

3. Deeds Office Registry Fees
The Deeds Office registry fees are required for the registration of the property transfer and are typically based on the property’s value. These fees are necessary for the official recording of the change in ownership.

4. Other Costs
Buyers may also incur additional costs such as home inspection fees or certificates needed for title restrictions. These costs can vary depending on the condition of the property and whether any additional services are required.

Seller’s Costs

1. Real Estate Agent Fees
Sellers are typically responsible for paying the real estate agent’s commission, which ranges from 5% to 8% of the sale price. This fee is usually paid once the sale has been completed and the property has been sold.

2. Bond Cancellation Fees
If the seller has an existing mortgage bond on the property, they may incur bond cancellation fees. These fees are associated with the process of cancelling the bond once the property is sold. The seller will also need to settle the outstanding bond balance before the transaction can be completed.

Additional Considerations

1. VAT vs. Transfer Duty

When buying property from a developer or a VAT-registered seller, the buyer may be subject to VAT instead of transfer duty. This typically applies in cases where the seller is a business or VAT-registered entity and the property forms part of their business operations.

2. Total Buyer Costs
When factoring in all of the additional expenses such as transfer duty, conveyancing fees, and Deeds Office registry fees, the total cost for buyers can amount to approximately 8-10% of the purchase price. It’s important for buyers to plan for these additional costs to avoid any financial surprises during the transaction.

Proper planning can help ensure a smooth transaction. Contact Swemmer & Levin to ensure that your property transaction proceeds smoothly, with no unexpected surprises.

While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.

Jan Fourie

Director |  Attorney, Notary & Conveyancer | BA. LLB

Jan graduated in 1974 with a five-year BA LLB degree from the University of Stellenbosch, whereafter he was admitted as an advocate and prosecuted as such in the Cape Town and Wynberg Courts. In 1974, he joined Swemmer & Levin as the Candidate Attorney of Mr Levin (founding member) and was admitted as an attorney on 7 April 1976, as a conveyancer on 11 January 1978, and as a Notary on 19 December 1984. Since 1974, he has served in various committees, including the West Coast Chamber of Commerce, the Vredenburg School Committee, and the Malgas Lions Club. 

Furthermore, Jan was the author of the first bilingual law book, The New Debt Collecting Procedures (Die Nuwe Skuldinvorderingsprosedures), which was used by all the Magistrate Courts throughout South Africa. With the founding of the Small Claims Court in Vredenburg, Jan served as one of the first Commissioners. He is currently based at Swemmer & Levin’s Vredenburg office and has been with our firm for more than 47 years.

Pieter Smit

Director | Attorney & Conveyancer | BA. LLB

Pieter obtained his BA Law degree from Stellenbosch University in 1995 and his LLB degree from the North-West University in Potchefstroom in 1998. He served his articles at Marais Muller Attorneys from 1998 to 1999 and was admitted as an attorney in 2000 and as a conveyancer in 2002. Pieter is the founder of PP Smit Attorneys, which opened its doors in 2004. He also became a director of Swemmer & Levin in 2006. Pieter loves the outdoors and participating in all forms of sport, including tennis, golf, fishing, spearfishing, scuba diving, and hiking. 

Johann Maree

Director | Attorney | BA. LLB

Johann matriculated at Oudtshoorn High School and attended Stellenbosch University, where he obtained his BA Law and LLB degrees. Following his studies, he worked for three years as State Prosecutor at the Magistrate’s Court in Cape Town. Johann completed his legal training with the State Attorney in Pretoria and then moved to his hometown, Oudtshoorn, where he worked as a lawyer for a year. In 1983, he finally moved to Vredenburg and joined Swemmer & Levin, where he is still practising as a director. When he is not in the office, Johann enjoys cycling and in his earlier days, he used to be a long-distance junkie.

Richard Phillips

Director | Attorney | Bcom & BProc

After matriculating at Paarl Boys’ High School, Richard completed his BCom and BProc degrees at the University of Port Elizabeth. He served his articles with Van Wyk Fouchee in Paarl and quickly developed an affinity for litigation. Richard has always had a deep love for the ocean and when he was presented with an opportunity to join Swemmer & Levin on the West Coast, he agreed without hesitation and has been with our firm since 1997. Richard specialises in general litigation and divorces. When he is not in the office or with his family, he tries to spend as much time as possible in or on the water.

Jandré Smith

Director | Attorney | LLB

Jandré grew up and matriculated in the small Klein Karoo town of Oudtshoorn. He furthered his studies at the North-West University in Potchefstroom, obtaining his LLB degree during 2015. He completed his articles at Swemmer & Levin in 2017 and was subsequently appointed as a professional assistant. In 2020, Jandré was promoted to the position of director at the firm, where he practises in the Litigation department at our Langebaan office. When not practising law, Jandré is an avid sports fan. He has a passion for nature and enjoys camping, trail running, and mountain biking with his family.

Andre van der Walt

Director | Attorney | LLB

Andre graduated in 2015 with an LLB degree from the University of Pretoria. He later went on to obtain his NQF 7 Certificate in the Administration of Deceased Estates from the University of South Africa, which allowed him to further his career in deceased estates and the drafting of wills and trusts. Andre served his articles at Barnard & Patel Attorneys under the supervision of Mr YAS Patel. After being admitted as an attorney in 2016, he continued working at Barnard & Patel Attorneys as a professional assistant in the deceased estates department.

Andre joined Van Rensburg Attorneys in 2019 and was head of the deceased estates department until 2021. He then received the opportunity to move to the West Coast, where he joined Swemmer & Levin Attorneys. Andre loves travelling and enjoys the beauty that our country has to offer with his friends, family, and loved ones.

Harmann Potgieter

Attorney | LLB

Harmann graduated in 2018 with an LLB degree from the North-West University’s Potchefstroom Campus. He went on to study and grow in various fields, including doing a course on the Consumer Protection Act and a course at the University of South Africa where he obtained his NQF 7 Certificate in the Administration of Deceased Estates.

Harmann completed his articles of clerkship at Swemmer & Levin under the supervision of Mr Richard Phillips. After being admitted as an attorney in 2020, Harmann continued with Swemmer & Levin as a professional assistant in the deceased estates department as well as the litigation department. He loves to study, possesses a deep curiosity about the world, and is dedicated to giving back to the community.

 

Carla Cloete

 

Director | Attorney, Conveyancer & Notary | LLB  

Carla obtained her LLB at the North West University, Potchefstroom Campus in 2015. She completed her articles in 2017 with Brits Dreyer Inc in Bellville. She is an admitted Attorney, Notary and Conveyancer. After her articles she relocated to Kimberley where she worked as a professional assistant in the Conveyancing department of Van de Wall Inc. Coming back to her Western Cape roots, she now joins the Swemmer & Levin team as a professional assistant.