It has become very common that sellers and purchasers find themselves overseas during the transfer process of a property. This will not prevent the parties from entering into a valid and binding sale agreement, but practical complications may arise with signature of the transfer documents.
There are strict regulations pertaining to the authentication of documents signed abroad. If these prescripts are not followed, the documents will be rejected in the deeds office.
When a property practitioner becomes aware that their clients is on their way overseas, it is prudent to suggest that the parties appoint a trustworthy representative or attorney in South Africa, by way of a Special or General Power of Attorney (PA), to sign the transfer documents locally on their behalf.
When a PA is signed while the clients are overseas, it must first be authenticated before it will be ready for use in the RSA.