Rates & Taxes Clearance Certificate

Why is it necessary for a Rates and Taxes Clearance Certificate to be issued?

Verbal vs. written contracts for conveyancing

This is a lengthy process at best but after registration the Local Authority will furnish the Seller with a refund.

The local authority first must close the seller’s account before the refund can be processed.  With most councils the closure of the account can only be done after the period for which the clearance was valid for has lapsed.

Once the account is closed the credit is processed and paid out either directly to the seller or to the transfer attorney that attended to the registration.

The best way for any seller to ensure that he receives his refund timeously is to personally follow up with council on a continuous basis until the refund is processed.  Some councils have forms available that can be filled in to close the account and speed up the process.

Remember to take your registration letter from the transferring attorneys with you as confirmation that transfer took place.

Recommended for you

Properties using borehole water must display a sign
Contractual Matters

A Crucial Victory for Water Rights[post_view before=""]

Agriculture is one of the most important sectors of the global economy, and it relies heavily on water resources for crop production. According to the Food and Agriculture Organization (FAO), agricultural water usage accounts for about 70% of the world’s freshwater withdrawals.

Read More
Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

The Agent’s Responsibility to the Tenant, Buyer and Seller When Selling a Property with a Tenant in It.[post_view before=""]

When selling a property with a tenant, the agent must disclose the tenant and lease agreement to the buyer to avoid disputes or the tenant becoming a squatter. The lease agreement takes precedence over the agreement of sale during its duration.

Read More
Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

The Validity of Wills – a Look at Formalities[post_view before=""]

A Testament/Will is a document where a person states their last wishes and what must happen with their estate after their death. If a person dies without leaving a Will, his/her estate will be administered in terms of the “Intestate Succession Act”. This Act provides for rules by which assets are distributed to relatives.

Read More
Curatorship - what does it mean to be put under curatorship?
Contractual Matters

Inheritance of surviving opposite sex life partners[post_view before=""]

In light of the recent development in Bwanya v Master of the High Court, opposite-sex life partners are now entitled to inherit in terms of the Intestate Succession Act, which was once a benefit exclusively awarded to partners in a same-sex life partnership.

Read More
Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

Platinum Property Enterprise (Pty) Ltd / McShane and The Registrar of Deeds (Case no: 11611/2022)[post_view before=""]

In this case, Platinum Property, the Purchaser, being a company, entered into an agreement of sale with the Seller, being a 93-year-old lady. Platinum took this seller to Court to stop her from transferring the property to another second Purchaser and further to order her to sign their transfer documents. The main issue before the Court was the issue of repudiation and the manner in which the Conveyancer dealt with the transaction.

Read More

Need more Snymans content?

Sign up for our monthly newsletter.

Rates & Taxes Clearance Certificate

Why is it necessary for a Rates and Taxes Clearance Certificate to be issued?

Verbal vs. written contracts for conveyancing

This is a lengthy process at best but after registration the Local Authority will furnish the Seller with a refund.

The local authority first must close the seller’s account before the refund can be processed.  With most councils the closure of the account can only be done after the period for which the clearance was valid for has lapsed.

Once the account is closed the credit is processed and paid out either directly to the seller or to the transfer attorney that attended to the registration.

The best way for any seller to ensure that he receives his refund timeously is to personally follow up with council on a continuous basis until the refund is processed.  Some councils have forms available that can be filled in to close the account and speed up the process.

Remember to take your registration letter from the transferring attorneys with you as confirmation that transfer took place.