Nikhail completed his LLB degree at the University of Kwa-Zulu Natal and currently practises as an Attorney, Conveyancer and Notary Public. He joined STBB in 2014 as a candidate attorney and in 2017 was appointed as Senior Associate to head the Correspondent Department based at the STBB East London office. Nikhail specialises in property law and conveyancing. He manages his own transfer practice, while assisting with bond instructions as well as the training of estate agents and the marketing of the firm to financial institutions.

Thought of the Week | Appointment of the Conveyancer in a Sale Agreement

Why is the seller generally the party that is afforded the opportunity to appoint the conveyancing attorneys when the purchaser is settling the account?

This is because the seller is far more at risk than the purchaser. In the 1903 case of James v Liquidators of the Amsterdam Township Company, the court declared that “when a person is under a legal obligation to do something to complete a contract, and the circumstances necessitates the appointment of an agent to do it, then that person has the right to appoint his own agent. Both by common law and by statue the seller is bound to pass transfer ..”, and hence the seller has the choice of transferring attorney, although this is negotiable.

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