Welcome to Beukes & Ferguson Inc, where property transactions finds expertise and dedication. As seasoned legal practitioners, we are committed to providing “frictionless” and efficient property transaction services tailored to meet your needs.
Our expertise spans across various aspects of property law, including conveyancing, legal consultations, and notarial services. We pride ourselves on our meticulous attention to detail and our ability to navigate and simplify the complexities of property transactions with ease.
At Beukes & Ferguson Inc, we believe in building lasting relationships with our clients through transparency, trust, and exceptional service. We prioritise understanding each client’s unique needs and aspirations, offering thoughtful guidance and creative solutions that drive success in every property transaction and dispute. Your property journey is our priority, and we're here to guide you every step of the way.
Our vision is to be a leading boutique property law firm, renowned for our deep industry expertise, innovative solutions, and unwavering commitment to our clients. With decades of collective experience, we aim to deliver exceptional legal services that are both strategic and highly personalised.
Our client-driven approach ensures that we consistently provide not only legal expertise but also the peace of mind that comes from having trusted advisors by your side. Through integrity, innovation, professionalism and a relentless focus on service, we strive to set the standard for excellence in property law.
Our specialised services include -
Retha Beukes
Director | Attorney & Conveyancer
Retha is an accomplished Attorney and Conveyancer with extensive experience in property law and has successfully managed complex property transactions, ensuring a smooth and efficient process for clients at every stage – from initial negotiations to final registration.
Retha began her career as a conveyancing and litigation typist, where she gained invaluable experience in property law documentation and legal processes. This foundational experience was followed by a hands-on role as a property practitioner and further as a relationship manager responsible for cultivating and maintaining client relationships for a established attorney firm. Through her employment at a leading financial institution, Retha attained a thorough understanding of financial processes relating to property transactions, including bond registrations and property financing.
This diverse skill set enables Retha to connect with clients and provide them with a holistic, proactive and client-focused approach addressing the nuances of both the legal and financial intricacies involved in property transactions.
Chanél Ferguson
Director | Attorney, Conveyancer & Notary Public
Chanél is a skilled Attorney, Conveyancer and Notary with over a decade of legal expertise in property law. Holding a BCom Law degree (2009) and an LLB degree (2010), Chanél has a strong foundation in both legal theory and practical application and has become a trusted advisor to client’s seeking expert guidance on all aspects of property law.
Her experience spans across a wide range of property transactions, from individual property transfers to more complex developments involving sectional title schemes, consolidations, subdivisions and mortgage bond registrations. Chanél is adept at navigating the intricate legal processes involved ensuring that each transaction is handled with precision and efficiency, whether a single transaction or a large sectional title development.
As a Notary, Chanél also provides specialised services in the authentication of documents, preparation and registration of ante-nuptial contracts and various other notarial documents, further enhancing the firm’s capacity to serve client’s in both personal and business contexts.
Chanél is known for a pragmatic, client-centred approach, offering tailored solutions that meet the unique need of each client while ensuring compliance with all legal requirements.
In terms of South African law and in the context of sale of immovable property, the term “voetstoots” refers to a legal principle where the buyer purchases the property “as is”, with all its existing faults or defects, whether visible, known or unknown at the time of entering into the transaction.
The voetstoots clause is designed to protect sellers from liability for defects in the property, but it does not absolve them of the responsibility to act in good faith and disclose any material defects they may be aware of. It is important to note that the clause does not offer protection to the seller if there has been any deliberate concealment or misrepresentation of defects. Buyers must exercise caution and conduct thorough inspections prior to signing an Offer to Purchase, but they may have legal recourse in cases of fraud or misrepresentation.
The Consumer Protection Act (“CPA”) may also influence how voetstoots is applied, particularly in transactions where the seller is deemed to be acting in the ordinary course of business. In such cases, the seller may be required to disclose any material defects known to them.
Both purchasers and sellers should be aware of the implications of this clause as well as any potential limitations imposed by law.
Settlement of a mortgage bond and cancellation of a mortgage are two distinct processes that involve different actions in the Deeds Office.
The settlement of a mortgage bond relates to the payment or discharge of the debt secured by the mortgage. This occurs when the borrower has paid off the full amount to the lender, including any interest or fees, either through regular payments or a lump sum settlement. It simply means that the debt obligation has been met and does not require any action in the Deeds Office.
On the other hand, cancellation of a mortgage bond, refers to the formal process whereby the mortgage bond is removed from the property’s title deed in the Deeds Office.
Although both actions are related, the cancellation of the bond can only actioned once the debt has been settled in full. The cancellation ensures that the borrower holds clear title to the property and confirms that the lender’s interest in the property has been extinguished.
The payment of proceeds from the sale of immovable property typically occurs once all conditions of sale have been met and the transfer of ownership and related transactions have been registered in the Deeds Office.
After registration of the transaction in the Deeds Office, the transferring attorney will receive the proceeds from the sale. They will deduct any applicable fees and disbursements, including property practitioner’s commission, transfer costs, any outstanding amounts on the seller’s bond, whereafter the remaining balance will be paid to the seller’s bank account.
Approval of a home loan is typically a suspensive condition in the agreement of sale. A suspensive condition ‘suspends’ a contract until any such condition is met.
The effect of this is that, if the loan is not approved and accepted by the purchaser within the set timeframe, the agreement does not become binding. No cancellation is required as the agreement lapses. Unless otherwise agreed to, the parties will have no claim against each other.
The parties can, by agreement, extend the bond approval date prior to the lapsing thereof in a manner stipulated in the agreement. Though it must always be in writing, the agreement may state that it may be done in a more informal manner than signing of an addendum.
It must be noted that, although the contract is suspended, the purchaser still has a contractual obligation to apply for the loan and supply the necessary documentation and information for the application.
Transfer duty is a tax levied by the South African Revenue Service (SARS) over any transfer of immovable property transactions and is payable by the Purchaser. The rate at which Transfer Duty is paid is calculated on the purchase price and the scale is considered yearly and adjusted when required.
Although SARS declarations must always be submitted when a property is transferred, certain transactions are exempted from transfer duty, the most common exemptions are:
It is also important to note that a property transaction will always only attract Transfer Duty (whether exempted or not) or VAT . If the Seller is a VAT vendor, and the property is sold in the ordinary course of the Seller’s business, the Seller may be liable to pay VAT on the transaction and no Transfer Duty will then be payable by the Purchaser.
Transfer Fees are the professional fees charged by the conveyancing attorney for the transfer of the property from the Seller in the name of the Purchaser and normally paid for by the Purchaser. The fee is calculated on the purchase price (or value of the property in certain cases) and we follow the guidelines set by the Law Society of South Africa.