In any property transaction the conveyancer (a specialist attorney)plays a crucial role. In South Africa the seller normally nominates the conveyancer, while the purchaser pays the transfer (legal)fees. The purchaser will often request that s/he be permitted to use his or her own conveyancer, in order to negotiate a discount on the legal fees. However, if the purchaser chooses the conveyancer, the seller could be prejudiced by the conveyancer allowing flexibility as regards the purchaser's performance, or interpreting the agreement in the purchaser's favour. One could argue in similar vein that if the seller nominates the attorney then the purchaser may be prejudiced. Even though there are typically more obligations on the purchaser than on the seller, the seller usually requires particular protection.

Ultimately the selection of a conveyancer can have a significant effect on how the transaction progresses. The best conveyancers are natural "deal- makers", and instead of focusing on problems and creating conflict, they solve problems and make transactions effective. At Durr Estates, we have learnt through our 41 years of trading that a neutral conveyancer is the best choice. Agents know which conveyancers are efficient, and which ones do their best to make the deals progress smoothly and expeditiously.

Allowing the agent to select the conveyancer is possibly the most sensible option, if you want to be sure that the transfer process takes place in the most efficient and uncomplicated manner.