Getting it right from offer to ownership: the crucial role of conveyancers

When someone decides to buy or sell a property, the excitement is usually wrapped up in new beginnings, moving boxes, and dreams of the future. But behind all the paperwork, signatures, and deadlines is a legal expert ensuring that the deal is fair, legal, and protected from future problems. That expert is the conveyancing attorney.

For most people, the world of conveyancing remains invisible. Few stop to think about what goes on behind the scenes once the offer to purchase is signed. But in that hidden space, a growing concern is quietly taking root — one that could ultimately threaten the credibility of the entire property industry if left unaddressed.

The role of the conveyancer has always been one built on trust. Both sellers and purchasers rely on them to act with integrity, to ensure the process is handled correctly, and to protect the rights of all parties involved. They are the neutral legal figure tasked with guiding one of the most important financial transactions in a person’s life. However, over time, concerns have been raised about whether some practices in the property space are compromising that trust.

In a country where the public is already grappling with widespread corruption, attorneys must lead by example. Upholding the law means refusing to participate in underhanded dealings, even when it may appear that “everyone is doing it”. Ethics must not be situational. They are the foundation of the legal profession.

There have been increasing discussions around informal arrangements and industry pressures that may influence how conveyancers are recommended. Whether it’s indirect arrangements or unspoken understandings, these practices risk creating an environment where the recommendation of a conveyancer is influenced not by merit or skill, but by personal or financial interest.

It’s important to remember that conveyancing is not a casual service — it’s a specialised legal function performed by admitted attorneys who are regulated by the Legal Practice Council. Conveyancers, in particular, must be fit and proper persons, a standard that goes far beyond academic qualifications. It speaks to their character, their conduct, and their ability to act with consistent ethical judgment.

Attorneys do not simply begin practising law; they take an oath in the High Court — an oath to uphold the constitution, to act honourably, and to serve justice. It is not a symbolic gesture. It is a binding promise. And when attorneys stray from that promise, the entire profession carries the weight of that breach.

Conveyancers are not merely administrators of transfers. They are guardians of fairness and legality in a process that can be complex and emotionally charged. Their duty is to both the seller and the purchaser — to ensure transparency, legality, and proper execution of every aspect of the transaction. When that duty is compromised, even subtly, it affects not only the outcome of the deal but the broader integrity of the legal profession.

Now, more than ever, we need conveyancers who take that responsibility seriously, who remember the oath they took, and who are committed to doing things the right way, even when no one is watching. Because without ethics, even the most expertly drafted documents lose their meaning.

With offices located in Gqeberha and East London, BLC Attorneys offers a comprehensive range of expert legal services, including conveyancing. Visit the firm's website for more information.

• About the author: Sonja Tifloen is the MD of BLC Attorneys and head of the firm’s Personal Injury Claims department for motor vehicle accidents. She is an admitted attorney, conveyancer, and notary public, with expertise in Personal Injury Law, Conveyancing, and Labour Law.

This article was sponsored by BLC Attorneys.