Quick answer
Ask for an itemised ledger showing each amount, issuer, calculation date, legal or contractual basis, liable party, covered period, VAT treatment, due date, payment status and effect on the transfer. Separate ordinary transfer expenses from additional amounts said to arise because registration is late.
How to use this guide
A seller should not accept the label “delay costs” without a calculation and transaction record. An amount incurred during a delayed period may be an ordinary fee, an advance, an apportionment, a property-holding expense or a claimed loss. Timing alone does not establish who must pay it.
Separate professional work from third-party amounts
Ask the transferring conveyancer to identify professional fees, VAT, disbursements and third-party payments on different lines. If extra work is charged, request the scope, instruction, responsible professional, rate or basis and reason it fell outside the earlier estimate.
Do not merge conveyancing work, Deeds Office charges, clearance advances, bond-cancellation amounts, compliance inspections, supplier disbursements and separate disputes advice into one attorney-cost line. Preserve the original estimate and compare every revision with it.
Reconcile each revised estimate to the first one
Ask for a comparison that shows the original estimated line, the present amount, the difference and the reason for change. A tariff or third-party figure may have changed, extra work may have been authorised, or the original amount may only have been an advance. Those explanations should be recorded separately rather than compressed into a new total.
For additional professional work, identify the instruction that authorised it and the deliverable produced. For a third-party amount, request the issuer’s statement or demand and any later reconciliation. An estimate cannot promise the final account, but it should still give the seller a traceable basis for understanding why more money is requested.
Ask who can authorise further expenditure
The written mandate should identify who may approve extra legal work, obtain a specialist opinion, renew a certificate, settle a disputed account or pay a third party from money held for the transaction. Ask whether approval must be written and whether an amount above a stated threshold will trigger a revised estimate. This is especially important if family members, entity representatives or several sellers communicate with the firm.
Do not treat an estate agent’s suggestion or an informal message from an unrelated participant as authority to debit the seller. If urgent expenditure is proposed to prevent a document expiring, request the amount, reason, deadline and consequence of not paying before deciding.
Reconcile municipal amounts carefully
Ask for the clearance-figure request, figures issued, period covered, payment proof, allocation confirmation, certificate status and anticipated final refund or debit reconciliation.
Municipal clearance figures can include advances needed for the transfer process. They should not be described as the final municipal account without checking the later reconciliation. If figures or a certificate must be renewed, ask what additional period is included and what caused the timing.
Keep a billing dispute separate from the registration certificate issue. The conveyancer may coordinate the transfer requirement without deciding every underlying municipal-account disagreement.
Identify scheme and levy charges
For sectional-title or community-scheme property, request the levy statement, clearance figures, certificate requirement, special-levy decision, period covered and agreement clause allocating responsibility.
Ask whether an amount is an ordinary levy, arrear, special levy, advance, certificate fee or adjustment. Do not assume every body-corporate or managing-agent amount belongs to the seller merely because it must be resolved before transfer.
Where a charge is disputed, retain the resolution, notice, statement, correspondence and payment demanded. Record whether payment is made under an agreed reservation or another advised arrangement.
Check bond-cancellation amounts
For an existing seller bond, ask the bank or responsible conveyancing participant to explain the settlement figure, cancellation instruction, notice-related interest or charge, guarantee position and period used in the calculation.
A seller's mortgage settlement is distinct from the buyer's bond-registration costs. Ask which institution levied the amount and whether it changes with the expected settlement date. If the proceeds will not cover secured debt and other liabilities, request a written shortfall calculation.
Record occupation and property-holding costs
A delayed transfer may extend occupational rent, insurance, rates, levies, utilities, security, tenant administration, maintenance or repair expenses. For each amount, identify the agreement clause or written amendment, the person in occupation, the benefit received and the exact period.
An extended holding period can produce genuine expense without proving a damages claim. Keep proof of payment and evidence of the alleged cause, and obtain advice before setting off an amount against money otherwise due.
Where occupation terms no longer fit the expected sequence, document any agreed change rather than relying on informal calculations exchanged at the end.
Verify adjustments, refunds and payments
Ask for a final account showing the purchase price, deposits, guarantees, bond settlement, commission, rates or levy apportionments, occupation items, professional fees, disbursements, payments, refunds and balance due.
Independently verify bank details, particularly after an email change. Match every payment to the latest authorised request and retain the receipt and allocation. If an amount is disputed, state the exact line, reason, supporting record and correction requested.
Ask when unused advances, municipal adjustments or other credits will be reconciled and who must supply the final figure. Keep that expected reconciliation separate from the immediate amount required to let the transfer proceed. Where the projected proceeds may not cover the bond settlement and other authorised deductions, request a dated shortfall statement rather than relying on the headline sale price.
The final written account should show the path of money without exposing another party’s confidential information. It should let the seller match deposits, guarantees, secured payments, authorised deductions and the balance paid. A transparent ledger supports review; it does not itself decide a later contractual damages dispute.
Compare the cost with the delay event
Add one column identifying the event said to have created an additional amount and another identifying the evidence for that connection. This prevents an ordinary holding cost, scheduled tariff change or pre-existing arrear from being described as a recoverable delay loss without analysis. Record any step taken to reduce further expense.
The delay guide, seller documents article, transfer checklist and conveyancing glossary help classify the evidence without deciding liability.
FAQs
Does a seller normally pay transfer duty?
Generally no: where transfer duty applies, the person acquiring the property pays it. VAT treatment and statutory exemptions still require transaction-specific confirmation. Seller bond, clearance, compliance, occupation and professional amounts are separate.
Are municipal clearance figures a final bill?
Not necessarily. Ask what period is advanced, what certificate is being obtained and how the account will be reconciled later.
Can extra attorney fees be charged because transfer is delayed?
Request the additional scope, instruction, fee basis and reason. Delay alone does not explain whether the work was ordinary or additional.
Who pays occupational rent during the delay?
Check the occupation clause and any signed amendment, including the applicable dates, amount and responsibilities for utilities or risk.
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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.