Quick answer
Ask what the document is, why it is required, which existing clause authorises or changes it, who prepared it, whether every fact and amount is correct, which rights it waives, and what happens if the new obligation or date is missed. Obtain the complete version and attachments before signing.
How to use this guide
During a delay, a document described as “just an extension” may also change occupation, costs, risk, notices, admissions or remedies. Do not sign merely to keep the transaction moving when the legal effect has not been identified.
Identify the document and purpose
Ask for the exact title, the person requesting it and the transfer dependency it is meant to address. Determine whether it is a deed for registration, information confirmation, addendum, extension, waiver, settlement, authority or cancellation.
Ask whether the conveyancer says it is needed for drafting, tax, clearance, signing, lodgement or resolution of a dispute, and whether every party will receive the complete executed copy.
A power of attorney used for conveyancing is different from a broad authority to alter sale terms. Ask which acts the proposed authority permits and whether it is limited to this transaction.
Compare it with the operative agreement
Place the signed agreement, annexures and every prior addendum beside the new document. Confirm the seller, buyer, property description, purchase price, dates and signatory details.
Ask which clause changes and whether any referenced schedule, calculation, notice or earlier communication is attached. If language conflicts with the agreement, request a corrected or consolidated version rather than relying on an oral explanation.
Check whether the change must be signed in a particular form. South African land-sale formalities make the written document and signatory authority important; transaction-specific review is appropriate where validity is uncertain.
Test each date and condition
Ask whether the document extends a suspensive condition, guarantee, deposit, occupation, compliance or registration-related date. Record the old date, proposed date, responsible party and consequence if the new date is not met.
Determine whether it records fulfilment or waiver of a condition. Those are different acts. Do not confirm fulfilment unless the supporting evidence exists.
If a finance condition changes, ask whether the wording matches the buyer's actual approval, lender conditions, bond amount, own contribution and guarantee position.
Look for admissions, waivers and releases
Read for wording that says the seller caused the delay, breached the agreement, accepts an amount, waives notice, abandons cancellation or damages rights, or treats a payment as full and final settlement.
Ask whether an indemnity, confidentiality term, non-disparagement clause, reservation of rights or dispute clause is broader than the immediate issue. A document can solve one dependency while altering the parties' later position.
Where facts are contested, request neutral wording that records the agreed next step without turning an allegation into an admission.
Test whether the proposed document is necessary and reversible
Ask what will happen in the conveyancing process if the document is not signed in its current form. Is a signature required by the existing agreement, a registration step or a public authority, or is the document one participant’s proposed solution to a disagreement? Request the source of that requirement. A practical need to progress the file does not answer whether every clause in the proposed draft is necessary.
Identify which parts are capable of later correction and which take immediate effect. A factual information sheet may be replaceable before use, while a waiver, settlement, authority or amendment can alter the parties’ legal position once executed. If only one paragraph addresses the transfer blocker, ask why unrelated releases or acknowledgements appear in the same document.
Before refusing or revising anything, ask whether a narrower form could satisfy the stated purpose. Proposed wording should come through the appointed professional where legal effect matters; do not hand-edit the only draft and assume the other parties accepted the change.
Check costs and occupation
Ask whether the document reallocates municipal amounts, levies, bond charges, occupational rent, utilities, insurance, compliance costs, repairs, professional fees or alleged delay losses. Require the calculation and period for every amount.
Confirm the revised occupation date, keys, access, tenants, maintenance, risk and insurance. If the buyer already occupies the property, check whether the extension changes payment or responsibility while registration remains pending.
Verify tax, clearance and payment effects
Ask whether a changed purchase price, party, consideration, transaction date or exemption fact affects the SARS declaration. For municipal or scheme matters, check clearance figures, certificate validity, special levies and agreed allocation.
Independently verify any new bank account. A signed addendum does not remove the need to authenticate payment instructions through a trusted channel.
Possible next steps include correcting errors, narrowing authority, attaching the missing calculation, reserving disputed rights or obtaining advice. Keep each draft and the executed version separately.
Run every financial change through the transaction account
If the document changes price, occupation, interest, levies, rates, repairs, professional costs or a shortfall, request a before-and-after schedule. It should show the amount, period, payer, payee, due date and whether the figure is final or subject to reconciliation. Confirm whether the change affects the SARS submission, available guarantees or funds that the conveyancer must hold before lodgement.
Ask whether a revised date could require refreshed municipal figures, scheme clearance, settlement figures, lender documents or registry charges. The answer may be that no refresh is presently required, but it should be linked to the actual expiry or process trigger rather than a general assurance.
Do not sign a numerical acknowledgement while its source documents remain missing. If an amount is disputed but the transaction can proceed under an advised reservation or separate arrangement, require that position to be recorded expressly instead of relying on a later reconstruction of the conversation.
Confirm the execution record
Before completing the signature step, confirm who must sign, in what capacity, whether witnessing or certification is required, and how the final version will be delivered. Do not backdate a signature or allow an earlier unsigned draft to replace the executed document. Preserve the platform or delivery record with the final copy.
Use the delay guide, seller document guide, property transfer service page and lawyer directory before accepting a document whose effect remains unclear.
FAQs
Can I sign now and correct the document later?
That can create uncertainty about which terms bind the parties. Correct material facts and missing attachments before execution.
What if the document only extends the registration date?
Check whether it also affects breach, guarantees, occupation, costs, risk, waivers or other remedies.
Should I sign a statement saying I caused the delay?
Not without verifying the facts and consequences. Ask for neutral wording or individual advice if responsibility is disputed.
How should changed banking details be handled?
Confirm them through an independently verified channel and match the payment to the authorised document and recipient.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.