Conveyancing Attorney vs a General Attorney: Understanding the Difference

Buying or Selling Property? Here’s Why the Right Attorney Matters

Buying or selling property in South Africa is a significant milestone, but it can also feel complex — especially when navigating the legal side of the transaction. One of the most common points of confusion is understanding the difference between a conveyancing attorney and a general attorney.

While both are qualified legal professionals, their roles and responsibilities differ. Knowing how they work together ensures that your property transfer runs smoothly, legally, and without unnecessary delays.

What Does a Conveyancing Attorney Do?

A conveyancing attorney (or conveyancer) is an admitted attorney who has obtained an additional qualification to specialise in property law. Conveyancers are the only legal professionals in South Africa authorised to register property transfers at the Deeds Office.

Their role includes:

• Preparing and reviewing transfer documents and sale agreements.
• Conducting title and municipal searches to confirm ownership and restrictions.
• Managing transfer duty, rates, and levies.
• Coordinating with banks, estate agents, and the Registrar of Deeds.

In every property sale, a conveyancer ensures the transfer of ownership is legally compliant and properly registered.

What Does a General Attorney Do?

A general attorney provides legal services across a wide range of practice areas, such as family law, estate law, commercial law, and property law.

Although general attorneys cannot personally register property transfers, they play a vital supporting role in the conveyancing process. They often work in collaboration with a registered conveyancer to ensure that every legal aspect of the transaction — from contract to registration — is handled correctly.

For example, a general attorney may:

• Draft or review the Offer to Purchase.
• Advise on contractual terms to protect the client’s interests.
• Assist with estate or divorce-related property sales.
• Liaise with the conveyancer to coordinate the transfer process.

This partnership ensures that both the legal and procedural sides of the transaction are properly managed.

How General Attorneys Assist in Conveyancing

Firms such as Roberts Incorporated are general attorneys who assist clients throughout the conveyancing process. They act as your first point of contact, guiding you through each step and working closely with professional conveyancers to finalise the transfer of ownership.

Their role focuses on ensuring:

• All documentation is accurate and complete.
• Communication between buyer, seller, bank, and conveyancer remains clear.
• Potential contractual or legal risks are identified early.
• Clients are kept informed of progress and timelines.

In short, while the conveyancer handles the registration, your attorney ensures that your legal rights and obligations are properly managed before, during, and after the transfer.

Conveyancing Attorney vs General Attorney: Key Differences

Conveyancing Attorney

• Admitted attorney with an additional conveyancer’s qualification.
• Specialises in property law and the transfer of title deeds.
• Authorised to register property transactions at the Deeds Office.
• Best suited for formal property transfers and registration processes.

General Attorney

• Admitted attorney without a conveyancer’s qualification.
• Provides broader legal services (e.g. family, estates, commercial, property contracts).
• Assists and collaborates with conveyancers during the transfer process.
• Best suited for clients needing legal advice and representation across multiple areas of law.

Why Work with a General Attorney During a Property Transfer?

Having a trusted general attorney on your side ensures that all your legal interests are safeguarded throughout the transaction. Property transfers often overlap with other areas of law — such as divorce, estates, trusts, or business ownership — and your attorney can provide the comprehensive legal support needed to handle these complexities.

By working with an experienced conveyancer, your attorney helps ensure the process is:

Transparent, keeping you informed from offer to registration.

Legally compliant under South African property law.

Efficient, with all documentation submitted correctly and on time.

The South African Conveyancing Process Explained

Every property transfer involves several legal professionals:

1. Transferring attorney – appointed by the seller to handle the transfer.
2. Bond attorney – appointed by the buyer’s bank to register a new bond.
3. Cancellation attorney – appointed by the seller’s bank to cancel the existing bond.

These parties coordinate to ensure funds, documentation, and compliance are completed before registration at the Deeds Office.

Typical Steps Include:

1. Signing of the Offer to Purchase.
2. Obtaining compliance certificates (electrical, water, gas, beetle, etc.).
3. Calculating and collecting transfer duty and rates clearance.
4. Drafting and signing transfer documents.
5. Lodging the documents at the Deeds Office.
6. Registration of ownership, typically within 6–8 weeks.

Once registered, the buyer officially becomes the new owner, and the property’s title deed reflects their name.

Understanding Conveyancing Costs

Conveyancing fees are regulated by the Legal Practice Council and usually depend on the purchase price of the property.

Typical costs include:

• Attorney professional fee (based on the purchase price).
• Transfer duty payable to SARS.
• Deeds Office fees.
• Pro-rata rates, taxes, and levies.
• Bank or bond registration costs (if applicable).

Always request a written quotation from your attorney before proceeding. While disbursements like courier and search fees vary, transparency upfront helps you budget accurately.

Conclusion: Choose the Right Expert for a Smooth Transfer

In South Africa, both conveyancing attorneys and general attorneys play important but distinct roles in the property transfer process.

• The conveyancer is responsible for the legal registration of the property.
• The general attorney supports clients by managing the broader legal aspects, ensuring contracts, estate matters, and compliance requirements are properly handled.

Firms such as Cape Conveyancers and Roberts Incorporated act as general attorneys, assisting clients throughout the conveyancing journey by coordinating with professional conveyancers to ensure a seamless, legally sound property transfer.

Whether you are buying your first home or managing an estate sale, having both a trusted attorney and a qualified conveyancer working together offers the best possible protection and peace of mind.

Contact Roberts Incorporated to assist with your conveyancing needs. They are ready to manage the whole conveyancing process for you.