In the intricate world of real estate transactions, the role of a conveyancing attorney is pivotal. In South Africa, the process of buying or selling property is enshrined in complex legal frameworks, making the conveyancing attorney's role crucial for a seamless transfer of property rights. But a common question arises among participants in the property market: Who is responsible for appointing a conveyancing attorney? This blog post aims to clarify this matter, drawing upon South African law to provide a comprehensive understanding.
The Role of a Conveyancing Attorney
Before delving into the appointment process, it's essential to understand what a conveyancing attorney does. Conveyancing attorneys, also known as conveyancers, are qualified lawyers who specialize in the legal aspects of buying and selling real estate. Their responsibilities include conducting title searches, ensuring the property is free of legal encumbrances, preparing and executing the necessary documents, and facilitating the financial transactions involved in the property transfer.
Appointment of the Conveyancing Attorney in South Africa
In South African law, the seller of the property has the prerogative to appoint the conveyancing attorney. This tradition is rooted in the legal principle that the seller is responsible for ensuring that the property's title deed is legally transferred to the buyer. By appointing the conveyancing attorney, the seller guarantees that they fulfil their legal obligation to deliver the property free of any encumbrances and in accordance with the terms of the sale agreement.
Why the Seller?
The rationale behind allowing the seller to appoint the conveyancing attorney lies in the principle of caveat venditor (let the seller beware). Since the seller is providing a significant asset, they must ensure the process is handled by a professional they trust. This arrangement also benefits the buyer, as the conveyancer is legally obligated to act in an impartial manner, safeguarding the interests of both parties in the transaction.
Buyer's Considerations
Although the seller appoints the conveyancing attorney, buyers are not left without recourse. The buyer has the right to:
Inspect the Sale Agreement: The buyer should thoroughly review the sale agreement, ensuring it is fair and does not impose undue obligations.
Request Changes: If the buyer has any concerns about the terms or the conveyancer appointed, they can request changes before signing the agreement.
Seek Legal Advice: Buyers are encouraged to seek independent legal advice to understand their rights and obligations fully.
The Importance of Transparency and Trust
The conveyancing process hinges on trust and transparency between the buyer, seller, and conveyancing attorney. Although the seller appoints the attorney, the conveyancer's duty is to ensure a fair and legally sound transfer of property, benefiting both parties. Choosing a reputable and experienced conveyancing attorney is in the seller's best interest, as it contributes to a smooth and efficient transaction.

Conclusion
In South Africa, the seller's right to appoint the conveyancing attorney is a critical aspect of the property transfer process. This arrangement, underpinned by South African law, ensures that the seller can fulfil their obligations effectively, with the conveyancing attorney playing a neutral role to facilitate a fair transaction. For both buyers and sellers, understanding this dynamic is key to navigating the complexities of real estate transactions successfully. As always, engaging with professionals and seeking legal counsel when needed can help all parties feel secure in their real estate endeavours.
Please give a reference in South African law where it states that the seller has the RIGHT to appoint the conveyancing attourney.