Do buyers needs their own legal representation?

In most countries is not only an accepted practise but a legal requirement that two attorneys are appointed for the completion of a property purchase. One acts for the seller and of course the other for the buyer. Each safeguarding their clients interests. Makes perfect sense! In South Africa only one attorney is appointed. Appointed by the seller to transact the sale and paid for by the buyer. Who looks after the buyers interests?

Decision - Do buyers needs thier own legal representation

  • Would you really enter into an agreement to purchase, one with so much of your money, time and emotion invested into it without the support of an independent expert and a legal adviser?
  • Are you a 100% sure that that you would understand all the legal clauses contained within an offer to purchase?
  • Do you know about suspensive conditions, sold as seen and cooling off rights?
  • Do you know what to look for when inspecting the title deeds of your new property?

The answer to the above questions is probably no. Don’t be embarrassed, most of us only buy a few properties in our whole life time and safeguarding our needs is normally a precaution we employ experts for.

But …. not when it comes to property.

The buyer often relies on the advice of the selling agent – one agent employed by the seller to look after their rights and obtain the best possible price from a buyer on their behalf. In addition, whilst ironically paying for an attorney, the attorney does not act for the buyer but simply to transact the sale.

In other words the buyer has no support.

This of course is not right and that’s why all buyers should use the services of a buyers consultant.

With a buyers consultant you benefit from:

  • A property expert who is on the side of the buyer and mandated to look after the buyers interests.
  • A buyers consultant and the retained attorney to inspect any offer to purchase agreement and fully explain all the legal jargon.
  • Advice and guidance on required suspension conditions
  • Inspection of the title deeds
  • Support from search to moving in

We ask again are you prepared to take a risk one of the biggest monetary, emotional and time investments of your life?

 E-mail us here or contact Marco Garuti, our local property buyers consultant on + 27 (0) 83 265 8800