South Africa


“Let’s get rid of the conveyancers”

Simon Stockley
12 February 2008

Property industry heavyweight slips in controversial requests, along with other budget tips, in open letter to Trevor Manuel. Add yours to the list.

Dear Trevor

I would appreciate it if you could please consider the following issues in your Budget Speech this year.

It is increasingly evident that ordinary South Africans are battling to get onto the property ladder. Please consider increasing the exemption on transfer duty from R500 000 to at least R1 million. This would assist prospective first time buyers to enter into the property market and facilitate the widening affordability gap. In addition, it will encourage activity at the bottom end of the market.

Please could you also assist potential home owners by abolishing the monopoly attorneys hold on conveyancing procedures in SA? I know it’s probably not your department but you should have some influence.

The restriction is no longer valid and adds to the costs and inefficiencies in the property market.  Free and licensed participation as property transfer agents would encourage the entry of accounting firms, estate agents and mortgage originators into this space. This, in turn, would improve efficiency and drive down costs. Although, be prepared for rigorous opposition from the lawyers whose vested interest in maintaining the status quo is enormous.

In the same vein how about some tax relief for mortgage payments? The property market is beginning to falter and, as the backbone of the consumer sector, I would urge active intervention. Surely, it is time for us to offer a tax rebate on monthly mortgage payments like other countries who have implemented this successfully. This move would address affordability issues, stimulate confidence in the sector and encourage home ownership – which is one way to entrench the middle class.

Finally, we really need a budget that reflects growth and job creation, as opposed to a morbid preoccupation with inflation. The country needs employment and I would rather see aggressive government intervention to stimulate the economy, even if this spending results in us remaining outside of the targeted inflation range of 3-6%.

Yours sincerely

Simon Stockley,
CEO, Integer Home Loans


• Do you agree with Simon Stockley’s suggestions? Or do you have better ideas? Tell us, below Stockley’s letter.

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 responses to this article

Trev, call in the Competition Commission
Let's have a close look at all the collusion going on in the property industry. Mortgage originators owned by estate agents, backhanders, similar commissions, cozy agreements with conveyancers, group advertising agreements...the list is endless. Maybe . .more

by Bad Brad on February 12 2008, 15:55
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why r banks not dealing directly with home buyers?
If there are kickbacks being paid to bond-originators, it stands to reason that banks are charging some folk more than they need to - scap this and pass on the savings

by GungetsTuft on February 12 2008, 15:59
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I like your thinking
Banks charge more because they have to pay extra mouths in the chain.

by DungetsTuft GungetsTuft on February 12 2008, 16:05
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conveyancers
Can't understand why fees for regsistering a bond is dependent on value of the bond. Does the attorney do less work on a bond under a R1m than say to R2m?

by gutted on February 12 2008, 16:44
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And get rid of monopolistic estate agency practices
And get rid of monopolistic estate agency practices and collusive pricing.
WHAT value do they add? Zero. None. Zilch.

by zonkee on February 12 2008, 16:23
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by It does not exist. You can sell your house yourself. Its your choice. on February 12 2008, 17:01
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Yes, you can sell yourself, but you still need a lawyer

by 4u2nv on February 12 2008, 17:07
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by which part of .....monopolistic estate agency practices...you don't understand? on February 12 2008, 17:37
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monopolistic-please spell out

by anonymous on February 12 2008, 17:39
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by ask Zonkie on February 12 2008, 19:14
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by WHY STOP AT CONVEYENCERS...LETS GET RID OF THE DEADBEAT AND DOWNRIGHT USELESS ESTATE AGENTS TOO on February 13 2008, 08:31
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I love my lawyer
What would I do without him?

by anonymous on February 12 2008, 16:03
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Remove exchange control to retain skilled people

by anonymous on February 12 2008, 16:27
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by I agree with tax relief on mortgage interest, increasing thresholds for transfer duty, ending exchange controls, introduce proper REITS, tax relief on property security improvements, subsidies on green power solutions. on February 12 2008, 16:41
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yes, get rid of the conveying attornies, why must they get thousands just for drawing up some papers. they in terms of time spent, do the least amount of work.
Tired of getting ripped off by monopolyies. goes for bread, milk, medicine and petrol

by fedup on February 12 2008, 16:53
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So much for the free market
Where was this dude when the market was inflating well beyond the level of affordability of most South Africans? Oh right he was counting his commission cheques without a care about whether anyone could actually afford their bond payments. I'm sure the . .more

by CT Bubble on February 12 2008, 16:59
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by Most of what the article recommends is available in that Free Market paradise of USA. on February 12 2008, 17:01
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by my heart will bleed lump custard for the conveyancers on February 12 2008, 17:06
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I wouldn't call the US a free market...
...if anything the market there is a massive Corporate Charity. Besides like you said, they have most of the recommendations implemented and their economy is still farked up.

http://capetownbubble.blogspot.com

by CT Bubble on February 12 2008, 17:07
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by wrong on most counts per usual. on February 12 2008, 17:35
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Your lack of an actual argument somehow doesn't strengthen your case

by CT Bubble on February 12 2008, 17:56
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by Neither does your opinion count as a factual argument. on February 12 2008, 19:14
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Without explanation, your points are mostly pretty pointless

by A statement without explanation is not a valid argument. At least CT backs up his points with added explanation. on February 13 2008, 00:50
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by Simon -clearly not all there boet. why don't you tell us what the usual com of agent is on R1mil sale and what conveyancers fees are ??? too scared of course. agents=R70 000 (no risk) lawyer=R12 000 if lucky and takes all risk. Transfer tax is R25000. Agents just want to stuff up everything further. on February 12 2008, 17:07
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Wow, are those figures for real>?
That's outrageous. R70 000 for the agents. Waht does the mortgage originator get? And is that money for the agent or the principal?

by anonymous on February 12 2008, 17:09
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by Originator get 1-2% of bond so R20k no risk on February 12 2008, 18:54
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please explain what you mean
no risk?

by anonymous on February 12 2008, 18:56
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please explain what you mean
no risk?

by anonymous on February 12 2008, 18:56
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by WOW-those figures are for real . Just add up what chunk the agent,taxman and bond originators get and see the real picture. SIMON Why so silent? on February 13 2008, 08:48
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Title security is very important
A bunch of shady estate agents working with the deeds office. A bad idea.

by Edward on February 12 2008, 19:36
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agree
tax rebate brilliant idea.

by afzal osman on February 12 2008, 20:05
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by Freemarketman: TIP FOR TERROR: GET RID OF THE CENTRAL BANK !!!! on February 12 2008, 21:04
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BIG BUCKS FOR ADMIN DONE BY JUNIORS!!!
WHAT A RIP!!

by WHY CANT BANKS DO THE CONVEYENCING IN THEIR IN HOUSE LAGAL DEPT. CONVYENCERS ARE CROOKS on February 13 2008, 07:15
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Conveyancers are essential, but they should be paid for by the seller
No two property deals are the same. Lawyers are important but I fail to understand why the buyer pays, yet the conveyancer acts in the interest of the seller. That system should change.

by anonymous on February 13 2008, 09:00
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TREVOR MUST GO(with umbrella)
Trevor is overrated and the product of good spindoctors and friendly press.Had the benefit of inheriting infrastructure from previous government and a booming world economy.Little to do with his own wisdom.

by OJ on February 13 2008, 12:41
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Oj, you forgot to mention
Trevor's clever squeeze.

by Nicole on February 13 2008, 14:22
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Agreed - Trev Terror must go - he is a overrated incompetent!!!

by agreed on February 14 2008, 08:10
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Taxes and property
All the problems could be solved by abolishing all current taxes and moving towards a single Land Tax(Site Value Rating) system based on the unimproved value of land.

by mark on February 13 2008, 10:20
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Laws made by lawyers to benefit their parasitic ilk
In Australia one uses a licensed settlement agent. The fees are deregulated and 100% negotiable. Guess what ? it works. Parasitic lawyers in SA would never accept this. I can just hear the arguments ... it's a complex process ... best left to . .more

by Lord Max on February 13 2008, 15:00
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by Ever seen a REALLY rich lawyer - one who made money from practising law/conveyancing? Err no. Sure they are moderately wealthy, but the never get super rich. Focus on the other paraihs - estate agents and originators! on February 13 2008, 15:55
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Rich originators - yes, they are
Especially the bosses.

by anonymous on February 13 2008, 16:55
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Conveyancers make sure that there are no mistakes in your title deeds. Very important.

by lad on February 14 2008, 06:49
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Get real
Mr bond originator is either stupid or has an agenda when he wants lawyers out of the property transaction. Firstly he underestimates the value of the title deed, without which you don't own the property and the bank has no security for the loan - even if . .more

by buffalobill on February 14 2008, 11:18
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agents
7% of the selling price is theft,he has a nerve to complain about the conveyancer.most agents try to sell down as this gets their comm quicker,maybe the buyer should pay them

by Chris on February 14 2008, 11:44
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Estate agents
Have been an agent for many years. Average comm is only 3.58% as 99.8% of purchasers offer below asking price & to fulfill your mandate (i.e. get the property sold) your comm gets cut. This % barely covers the enormous overheads e.g. advertising

by Henry on February 15 2008, 08:56
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Mr. Stockley is obviously a very uninformed individual when it comes to conveyancing matters- I am shocked at his naive request to abolish conveyancers. Please aquaint yourself with the facts behind convayancing Mr. Stockley!!!
Concerned . .more

by anonymous on February 16 2008, 19:43
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