[Question] Conveyancing attorney question

[Marq]

Sold a piece of land. Transfer completed.
6 months later - still getting the monthly Municipal rates bill as if nothing happened.

Question is:-
Can I expect the conveyancer to sort this issue out, or have they been relieved of their duties and this is now an ongoing admin nightmare between the seller and the municipality?
Did the conveyancer perform all duties as expected - one of which (I thought) was to ensure that the municipality was sorted out and account changed to new owner?

[HR Solutions]

I sold a property in Jhb last year - my daughter did the legal/conveyancing - she handled everything from the transfer to the municipal accounts - all sorted.
So it looks like your conveyancer hasn't finished her job.

[Dave A]

The conveyancer will ordinarily require and obtain a rates clearance certificate from the municipality in order to effect transfer of ownership, and I suspect that's pretty much as much as they have to do at the municipality to get the job done.

In a fairly recent property purchase I was involved in, I had to go into the municipality (Ethekwini) with confirmation of transfer letter from the conveyancer in hand to transfer the rates and services billing into my name. I could only do it after the property had actually transferred at deeds office (Pmb). Electricity and water seemed to jump straight away, but it was only about 3 months later that the rates department got with the program. I know because I got a call from the seller saying they were still getting a monthly rates bill. Once it was processed though, the extra debits on their account was credited back.

Also to point out that in Ethekwini, the rates transfer was a separate process from the utilities and services transfer.

Marq, in your situation I'd go into the municipality with proof of transfer of ownership in hand and make sure they're aware you are no longer the owner.

[Marq]

This is Utrecht municipality in the Majuba District.
They have been through corrupt municipal and financial managers over the years.
Every time there is a problem, they resolve it and a month latter its all back to the beginning.

The district municipality even found a water bill that I had to settle before transfer could take place.
The main reason I sold was that the electricity and refuse removal accounts for my piece of land with no services on it, was getting ridiculous.
Thats before the incorrect rates charges were levied.

I took this whole corrupt scenario up with KZN COGTA and had a few emails exchanged, but they did not want to get involved and eventually just faded away.

So, I have taken up this latest issue with the municipality, but suspect that it will take another 10 years to correct.
Thats how long I had this piece of land for, which cost me more in the long term than the original investment.

Rich Dad Poor Dad is more correct than ever - Property should be recorded as a liability on your balance sheet.