Quick answer: In many South African property sales, the seller nominates the transferring attorney. But the parties can agree otherwise if it’s clearly recorded in the Offer to Purchase / deed of sale.
This issue matters because the transferring attorney controls the workflow: document collection, lodgement readiness, and communication. If the transfer is mishandled, everyone pays the price in delays and frustration.
What usually happens in practice
- The estate agent uses a standard OTP template
- The OTP names a transferring attorney (often the seller’s choice)
- The buyer signs, focusing on price and occupation date, and misses the attorney clause
Can the buyer insist on choosing the conveyancer?
You can propose it. Whether it happens depends on the negotiation and the wording of the agreement.
Practical reality: If you want a specific transferring attorney, raise it early (before signature) and get the clause drafted clearly.
What matters more than “who chooses”
If you want a transfer that moves, focus on these three things:
- Clear contract terms (no vague suspensive conditions)
- Fast FICA and document readiness
- Proactive management (issues are flagged early, not at lodgement)
Protect yourself: OTP review before signing
If you’re unsure about the attorney clause or the suspensive conditions, get the OTP reviewed.
Need an answer for your specific deal?
Send the OTP and we’ll tell you exactly what it says and what your options are.
FAQ
Yes, unless the parties agree and record it in the contract. The transfer attorney clause is a contractual issue.
For bond registration, banks may appoint their panel attorneys. That is separate from the transferring attorney.
Disclaimer: This article is general information and not legal advice.
Simon Dippenaar
Founder & Managing Partner, SD Law
Attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.
Read articlesThe information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.