Buying or selling property can feel straightforward until something stalls at the last minute. A real estate lawyer helps you avoid common legal traps, especially around contracts, deadlines, and disputes. The earlier you get clarity, the less likely you are to pay for someone else’s mistake.
This guide explains what to expect, when to get help, and how to prepare your paperwork. It is written for everyday situations, from first time buyers to families dealing with transfers after a separation or death.
What does a real estate lawyer actually do?
A real estate lawyer advises on the legal side of property deals and disputes. This includes reviewing contracts, negotiating terms, and checking what happens if someone breaches the agreement. They also help you understand your risk before you sign anything binding.
In some matters, they work alongside conveyancers, estate agents, and banks. Their job is to keep the deal legally clean and protect you if it turns messy.
When should you speak to a lawyer instead of waiting?
Speak to a lawyer before you sign an offer to purchase, lease, or addendum. Once you sign, your options narrow and deadlines start running. If the contract has unclear conditions, you can end up stuck in a dispute.
If you need a starting point for what to gather and what questions to ask, use the legal advice page as a practical checklist.
Is a real estate lawyer the same as a conveyancer?
No, although the roles can overlap. A conveyancer focuses on preparing and lodging transfer documents for registration. A lawyer may focus on the contract risk, negotiation, and dispute side before transfer even begins.
If you want a clearer picture of the transfer process itself, the guide on conveyancing attorneys in Durban explains where transfers often slow down.
What should you check before signing an offer to purchase?
Check the finance condition, deposit timing, occupational rent, and the occupation date. Also check the breach clause, cancellation rights, and whether fixtures are listed properly. Small wording changes can shift thousands of rands in risk.
For background on contract wording and common pitfalls, the contracts attorney page is useful reading.
How do property transfers work and where do delays usually happen?
Transfers rely on several parties moving in sequence, including the buyer, seller, banks, and the municipality. Delays often come from missing FICA, slow bank instructions, outstanding rates, and late guarantees. Title deed issues can also stop registration completely.
If you want a simple definition of how the legal transfer process works, Wikipedia’s page on conveyancing is a decent overview.
What common disputes do lawyers see in property matters?
Disputes often involve cancellation fights, late occupation, deposits, undisclosed defects, and boundary issues. Lease disputes are also common, especially around arrears, damage, and early termination. These problems usually start with unclear clauses or poor records.
When a dispute escalates, evidence and timing matter more than opinions. If court action is likely, the litigation attorney page explains how formal disputes are typically approached.
How are leases different from property sales?
A sale is a once off transfer of ownership, while a lease is an ongoing relationship. A lease should be clear on repairs, maintenance, inspections, escalation, and what happens at the end of the term. Commercial leases often add operating costs and compliance obligations.
Many lease problems come from assumptions that were never written down. A clear lease avoids arguments later, especially when money is tight.
What costs should you expect besides the purchase price?
People often budget for the deposit but forget the legal and administrative costs. These can include transfer duty or VAT, conveyancing fees, Deeds Office fees, bank charges, and municipal clearances. Costs also change when timelines slip or documents are missing.
| Cost item | What it usually covers |
|---|---|
| Transfer duty or VAT | Tax payable depending on the transaction type and value |
| Conveyancing fees | Professional fees for preparing and lodging transfer documents |
| Deeds Office fees | Registration and lodgement costs |
| Municipal clearance | Rates and clearance certificate requirements |
| Bond costs | Registration or cancellation fees where a bond is involved |
How can you reduce risk when buying or selling?
Get your documents ready early and keep your details consistent across every form. Confirm deadlines in writing, keep proof of payments, and do not rely on verbal promises. If a clause feels vague, it will be worse in a dispute.
If you are selling, disclose issues honestly and keep repair records. If you are buying, insist on clarity about occupation, defects, and what must happen before the deal becomes unconditional.
What should you prepare before you contact a lawyer?
Preparation makes advice faster and cheaper. Put your documents in one folder and write a short timeline of what has happened so far. Include dates, names, and any deadlines you have been given.
Use this quick checklist: the signed contract and addendums, proof of deposit, finance details, ID and proof of address, and all email or WhatsApp communications about disputes. Bring any notices of breach or cancellation if they exist.
