BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | August 18, 2021
Blog By
Awie Van Wyk
Director at MNI Attorneys
Specialising In Conveyancing And Property Law
The Seller normally has the right to appoint a Conveyancer to attend to the transfer of fixed property sold by such Seller.
In light of the fact that the Seller of property has the right to appoint the Conveyancer what, if any, is the responsibility of the Conveyancer towards the Purchaser of a fixed property?
Uncertainty prevailed with conflicting judgments adding to the uncertainty. We submit that the judgement by Judge HR Erasmus in the matter JW Bruwer and another vs Pakade Bailey Inc. is the correct approach. The learned judge concluded that there rests an onus on the Conveyancer to protect the rights of the both the Seller and Purchaser in the conveyancing process. The judge furthermore held that Conveyancers have a legal responsibility in accordance with their professional code of conduct to protect the interest of both parties.
The Conveyancer consequently has a fiduciary duty to both the Seller and the Purchaser to protect their rights in a transaction for the sale of fixed property and failure to do so will be unlawful.
Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).