27/02/2026
BEWARE THE BUYER- ARE YOU PURCHASING IMMOVABLE PROPERTY?
The recent concerns expressed by law firms, encouraged us to revisit the evil practice of touting. No legal practitioner or estate agent (now called property practitioners) may offer any incentive, benefit or compensation to anybody for generating or directing work to law firms. This is commonly called "touting". Since a property practitioner is not a party to the conveyancing process, other than entitlement to commission after conclusion of a transaction and subsequent registration, they
have no interest or right in influencing you as a party to the sale of immovable property to use a specific law firm to attend to the registration of transfer in the deeds office. To any lay person involved in this transaction, the same procedure is followed and required by every legal practitioner, and if any member of the public is told that a particular law firm works faster, they are cutting corners since we are all required to follow the exact same steps and jump through the pro-verbal hoops... If you are influenced with promises of "quicker results," it is likely that such law firm is cutting corners, and when somebody is jumping the line, it should raise Red flags as anybody involved in the matter being given preference, is doing so at a price likely to be due to "incentives" paid to those involved. On average, the obtaining of municipal clearance certificates causes the longest delay with the issuing of municipal rates clearance figures and subsequent clearance certificates. Most municipalities use the online platform and removes inter personal contact. If this process is by any way escalated, it is most likely that a particular law firm is being given preference. This is not likely to happen as the process is open to public scrutiny, leaving a paper trail. So why would any estate agent endeavour to convince members of the public that any particular law firm has the ability to work faster? Is it perhaps because it is made worth their while? The Legal Practice Act makes it very clear how legal practitioners are required to conduct themselves, and touting remains a serious offence. Any practitioner offering incentives to agents to direct work to them, does so at his own peril. Had I not been a legal practitioner, I would not have trusted an agent or legal practitioner for that matter who endeavours to coax me into using a specific firm in these circumstances, more in particular having regard to the fact that the agent is not required to perform any further action in assisting the law firm to procure registration. Most law firms will assist and arrange for the necessary compliance certificates in being procured as part of the process. You as the purchaser may elect to have your attorney/firm/conveyancer of your
choice, attend to the registration of transfer. Do not be convinced otherwise with ill founded promises and legally unsound influence. There will always be someone cheaper, or claiming to be faster. Legal Practitioners are not entitled to debit their fees until registration of transfer, and will no practitioner with sound business acumen, cause your transaction to be delayed. We all strive to procure registration as quick as possible without offering incentives commonly construed as bribery, often also constituting a violation of the Competition Act.
Be mindful of becoming involved as a party to a chain of immoral behaviour.
