HomeAbout us
dropdown arrow
Services
Attorney-led Property Sales and Conveyancing

Sell Smarter. Transfer Faster.

Commercial Law for Start-ups and Entrepreneurs

Get Your Legal Foundations in Place Before It Costs You Later

Trusts and Estates

Protect What Matters. Structure it Properly. Avoid Future Conflict.

Blog
082 312 1288Get in touch

Get in touch

Whether you’re selling a property or need legal support, we’re ready to assist.

Property Sales & Transfers

If you're selling your property, already have a buyer, or want to enquire about our attorney-led sales model, reach out to us below. We’ll guide you through the full process, from listing to registration.

Mail Icon
sales@guntherattorneys.co.za
Phone Icon
Kirsty: 083 312 1288
Phone Icon
Tarryn: 083 393 3517
Location Icon
Monday to Friday, 08:30 to 17:00

All Other Legal Services

For all legal matters relating to trusts, estates, antenuptial contracts, contracts, and commercial advice, please contact us directly.

Mail Icon
info@guntherattorneys.co.za
Phone Icon
Kirsty: 083 312 1288
Location Icon
Monday to Friday, 08:30 to 17:00
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Frequently
asked questions.

Contact us
Do both parties need their own lawyer?
Plus Icon

No, a joint consultation is typical. We act impartially to explain the options and ensure both parties understand the legal consequences.

How long does the ANC process take?
Plus Icon

A few days to draft, review, and sign. Registration at the Deeds Office typically takes a few weeks, but this won’t delay your wedding.

What’s the difference between an ANC with accrual and without?
Plus Icon

An ANC with accrual means each spouse keeps their own pre-marital assets, but shares in growth during the marriage. Without accrual, everything stays entirely separate. We’ll walk you through what’s best for your circumstances.

Can we sign an ANC after we get married?
Plus Icon

No. It must be executed before the marriage and registered at the Deeds Office within three months. If you’ve missed the window, we can advise on a High Court application to change your matrimonial regime.

Do I really need an ANC before marriage?
Plus Icon

If you want to avoid being married in community of property by default, yes. An ANC determines how your assets are dealt with during the marriage and in the event of death or divorce.

Can I use an online template for my contracts?
Plus Icon

You can, but it’s risky. Most templates aren’t aligned with South African law or your specific business model. One vague clause could cost you more than legal fees ever would.

What if I need ongoing legal advice, not just once-off contracts?
Plus Icon

We offer retainer options and ongoing advisory services for SMEs and professionals needing regular input without hiring in-house counsel.

Do I need a contract for freelance or part-time staff?
Plus Icon

Absolutely. Every working relationship should be documented clearly to manage risk, especially around payment, IP, and liability. We draft bespoke agreements suited to your business.

Can I register a company through your firm?
Plus Icon

Yes, we assist with company registration, drafting MOIs, shareholder agreements, and advising on the best structure for your business.

Can I update my will without rewriting it completely?
Plus Icon

Yes. A codicil can be used to amend a will, but it must meet strict legal requirements. We’ll advise on whether a full redraft is more effective.

How long does it take to wind up a deceased estate?
Plus Icon

It varies. A straightforward estate can take 6–12 months, but delays often stem from poor planning or incomplete documentation. We streamline this process and deal directly with the Master’s Office.

Who can be a trustee?
Plus Icon

Anyone over 18, but it’s critical that trustees understand their fiduciary duties. We provide trustee training and ongoing legal support to help you manage your trust properly.

What’s the difference between a living trust and a testamentary trust?
Plus Icon

A living trust is set up during your lifetime. A testamentary trust only comes into effect after your death, as per your will. We help you decide what’s best for your estate planning.

Can I draft my own trust deed online?
Plus Icon

Technically, yes. But practically, no. A poorly drafted trust deed can cause compliance issues, tax headaches, and legal battles later. We ensure your trust is registered correctly, fit for purpose, and legally enforceable.

Do you offer updates throughout the process?
Plus Icon

Yes. You receive regular, clear updates at each stage—from instruction to lodgement. We don’t leave you wondering what’s happening.

Can I sign transfer documents electronically?
Plus Icon

Transfer documents must still be signed in original hard copy for the Deeds Office, but we provide digital versions for review, and we arrange courier or in-person signature depending on your location.

What if my buyer is based overseas?
Plus Icon

We frequently deal with foreign buyers and sellers. We assist with international FICA compliance, arrange for remote signing of documents, and liaise with banks and embassies to ensure a compliant and smooth process.

How is the buyer’s deposit secured?
Plus Icon

We hold all deposits in our trust account in accordance with the Legal Practice Act. Funds are protected, audited, and only released in terms of the signed agreement.

Can I cancel my mandate with an estate agent and use your firm instead?
Plus Icon

Yes, but timing is important. We review your agency agreement to assess whether cancellation is possible without penalty. If you’re considering switching, speak to us first before taking any steps.

What happens if the buyer defaults after signing the offer?
Plus Icon

If the buyer breaches the agreement, we act swiftly to enforce your rights. We may cancel the deal, retain the deposit (if applicable), or institute legal proceedings. The terms of your offer are drafted to protect you from the outset.

Do you also assist with compliance certificates?
Plus Icon

Yes. We arrange the required electrical, beetle, gas and plumbing inspections and certificates on your behalf, although the cost of remedial work, if needed, remains for your account. We ensure certificates are issued before lodgement.

Can you act for both buyer and seller in the same transaction?
Plus Icon

Yes, provided there is no conflict of interest and both parties consent. It is common for the conveyancer to act for both sides in residential transfers, and we disclose our role clearly to all parties.

Is your 2.5% commission negotiable?
Plus Icon

Our commission is a flat 2.5% with no VAT, and a minimum of R30 000.00. This is significantly lower than traditional estate agent rates and includes all listing and sale-related services.

Can a buyer use their own attorney if I instruct you to transfer?
Plus Icon

A buyer may appoint their own attorney for advice, but as the seller, you choose the conveyancer unless otherwise agreed. We protect your rights and interests as the transferring attorney.

Do you handle the viewing process or do I need to do it myself?
Plus Icon

You can host your own viewings, or we can assist depending on your location and the arrangement. We discuss this upfront and tailor the approach to suit you.

Do you advertise my property on major platforms like Property24 or Private Property?
Plus Icon

Yes. As part of our attorney-led property sales model, we handle the listing process on major platforms and promote your property directly to vetted buyers. Your property is marketed professionally without needing an estate agent.

Can you help me determine the correct asking price for my property?
Plus Icon

Yes. While we’re not valuers, we provide guidance on pricing strategy and review market comparisons. Our goal is to ensure you attract serious buyers without undervaluing your asset.

Do I still need to use a conveyancer if I use a lawyer?
Plus Icon

We are conveyancers. The Conveyancing process is led by our firm, which means fewer delays, fewer misunderstandings, and complete legal oversight.

What’s included in your property sale service?
Plus Icon

Everything. Marketing assistance, offer vetting, drafting, compliance checks (FICA, tax, clearance), bond cancellation, Consents and Clearances, Deeds Office lodgement, and transfer all handled in-house.

Do you only assist in Cape Town?
Plus Icon

No, we handle transfers nationally. Whether you're in Gauteng, the Garden Route, or sitting abroad selling SA property, we manage the process efficiently from our Cape Town base.

Can an attorney draft the offer to purchase?
Plus Icon

Absolutely, and we recommend it. Generic templates often fail to protect the seller or buyer properly. We draft watertight offers to purchase, tailored to your property, your risks, and your deal terms.

Do I need an estate agent to sell my property?
Plus Icon

No. At Günther Attorneys & Conveyancers, we offer a full attorney-led sales process from listing your property and vetting buyers to transfer and registration. This means you can sell legally and securely, without paying estate agent commission.

What are the requirements for a valid Will?
Plus Icon

Your Will must be signed by you in the presence of 2 witnesses. You and both witnesses must sign your full signature at the end of the Will. If the Will is more than 1 page, you and the witnesses must sign your full signature at the bottom of each and every page of the Will. For the avoidance of any confusion, your Will should be dated.

Links
About usServicesBlogContact
Social
FacebookInstagramLinkedin
POPIA PolicyEmail DisclaimerLPIIF Policy
Privacy PolicyTerms of service