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Who Appoints the Conveyancer? KwaZulu-Natal once had a genuinely different custom, the purchaser nominated the conveyancer, not the seller. That custom fell out of use decades ago. Today, standard KZN sale agreements follow the same convention as the rest of South Africa. The seller nominates.
Is it true that KZN works differently?
It used to be. A Natal court case from 1920 recognised a local custom where the purchaser, not the seller, nominated the conveyancer. The reverse of the rule applied elsewhere in South Africa. Some older conveyancers still occasionally reference this.
So what actually applies today?
The old custom has effectively fallen away through disuse. Standard sale agreement templates used by KZN estate agents today invariably specify that the seller’s conveyancer handles the transfer which is the same default as the rest of the country. If you’re told KZN “does it differently,” that’s an outdated reference, not the current practice.
Can a buyer still choose their own conveyancer in KZN?
Yes, but only by agreement, clearly recorded in the Offer to Purchase before signature — the same rule that applies nationally. Raising it after the OTP is signed is generally too late; the default reverts to the seller’s nomination.
Why does the seller normally nominate?
The property is the seller’s asset until transfer, and appointing the conveyancer lets the seller ensure the transfer proceeds correctly and the buyer meets their obligations. If the buyer nominated by default, a seller would have less control over a process where they still carry real risk until registration completes.
Short answer
KZN once had its own custom on this. It hasn’t reflected real practice in decades. Today’s standard is the same as everywhere else in South Africa. The seller nominates, unless the OTP says otherwise in writing.
Related Questions
- Who Pays for What in a KZN Property Transfer?
- What Happens If The Buyer Can’t Pay The Transfer Costs?
Gordon De Beer is a property lawyer and strategist providing services to the Upper Highway and North Coast KZN from offices in Gillitts and Salt Rock.
