Who appoints the conveyancer, and can you choose your own?
You can choose your own conveyancer, but the buyer and seller both have input. Learn who decides, when lenders step in, and how to steer the choice.
When you're buying or selling property in South Africa, a conveyancer handles the legal side of transferring ownership. But who decides which conveyancer does that work? The answer matters because it shapes how smoothly your transfer moves forward and whether you feel in control of the process.
The short answer is: you can choose your own conveyancer, but the other party in the transaction—the seller if you're buying, or the buyer if you're selling—also has a say. Lenders often have preferences too. Understanding these dynamics means you won't be blindsided and you'll know where your leverage lies.
You and the other party both have a choice
In most property transfers, either side can propose a conveyancer. If you're buying, you can say "I'd like to use this conveyancer," and the seller usually accepts—especially if you're offering to pay their conveyancer's fees. If you're selling, you might have a preferred conveyancer from a past transaction, and you can ask the buyer to use them. What rarely happens is one party forcing their choice on the other without negotiation. If there's friction, the transaction doesn't move forward, so both sides have incentive to agree.
In practice, the buyer often leads the choice because they're the one who initiated the transaction and is usually more invested in speed. But if you're selling and have worked with a conveyancer before, you can make a strong case for continuity—you know them, they know your property, and switching conveyancers mid-process creates delays. Similarly, if your lender (bond provider) recommends or requires a conveyancer from their panel, that often takes precedence because the lender holds the money and can slow things down if they lose confidence in the process.
When your lender shapes the decision
If you're buying with a bond, your lender has real influence over who conveyances the deal. Many lenders maintain panels of conveyancers they trust to work quickly, communicate clearly, and follow their specific requirements. Some lenders will only release funds if the conveyancer on their panel handles the registration. This isn't a legal rule—it's a risk-management choice by the bank. When you apply for a bond, ask early: "Do you have a preferred conveyancer, or can I choose anyone I want?" That question saves weeks of misalignment.
If both the buyer's lender and the seller's conveyancer are already locked in, and they don't work well together, you'll feel the friction as emails get delayed or instructions go sideways. That's when having a conveyancer who communicates well across multiple parties becomes worth the effort.
How to steer the choice toward someone reliable
Whether you're buying or selling, you don't have to accept whoever the other side proposes. You can ask to see their credentials, check how long they've been registered, and even request references from recent transfers. Ask the proposed conveyancer how often they've handled transfers in your area and whether they've dealt with the specific lender involved. If they hesitate or seem defensive, that's a signal to push back and suggest someone else.
The real power move is to bring a conveyancer into the conversation early—before the offer is written or accepted. Once you're in contract, changing conveyancers becomes awkward and costly. If you're working with an estate agent, they'll often have a conveyancer to suggest, but agents don't get to decide for you. You can politely decline and propose your own.
When you're ready to book, look for someone registered with their professional body, ask about their experience with transfers exactly like yours, and make sure they're reachable by WhatsApp or email. On Strove, you can compare verified conveyancers in your area, see their experience, and read reviews from people who've already done a transfer with them. That takes the guesswork out of who to trust when both sides of the deal are waiting for you to choose.
Common questions
- Can the seller force me to use their conveyancer?
- No—you can propose your own, though they can decline. In practice, whoever pays the conveyancer's fees usually leads the choice. If you're buying and want to use your conveyancer, you can offer to cover both your fees and theirs to make it appealing. If there's a stalemate, both parties lose, so most transactions settle on an agreed conveyancer.
- What if my lender and the seller's conveyancer don't match?
- If your lender requires you to use someone on their panel and the seller's conveyancer isn't on it, you'll need to switch. Tell the seller upfront: "My bank requires a conveyancer from their panel." Most sellers accept this because it's a legitimate constraint. Having clarity early prevents wasted time after offer acceptance.
- Is it cheaper if we both use the same conveyancer?
- Not necessarily cheaper, but it can move faster because there's one point of contact instead of two parties emailing back and forth. Some conveyancers offer a discount if they handle both sides, but don't assume this—always ask about their fee structure and what's included.
- Can I change conveyancers after we've started the transfer?
- Technically yes, but it's disruptive and usually costs more because the new conveyancer has to re-do work. The first conveyancer may also hold your file until fees are settled. It's far better to vet and commit upfront rather than switch mid-process.
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