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Who Appoints the Conveyancer?

Who Appoints the Conveyancer?

Always keep in mind that not all attorneys are conveyancers or notaries public. Conveyancers are practising attorneys with further qualifications in property law. Can be seen as a specialisation field of law.

It is practice that the Seller appoints the transferring attorney (Conveyancer). It is however very important top remember that this is not a fixed in concrete rule and that the parties may agree contractually as to who may appoint the conveyancer. The argument for changing from the norm is that almost all obligations created in an offer to purchase are for the account of the Purchaser. Conveyancing fee's tables are now considered a mere guideline and not a prescribed compulsory fee as was the case historically. What is thus important to remember is that the fee's are negotiable within reason and that the fee's may differ substantially between one conveyancer firm to the next.

It is thus best to negotiate a fee with the conveyancer before he/she is appointed. Never appoint an Attorney who is not a conveyancer for transfer of property.

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