Better follow the legal process than regret

By Harold Ayodo

The saying ‘hurry hurry has no blessing’ is also true for property transactions. If someone is in a hurry to dispose of a property, no matter the reason they give, it is time to rethink your move as the buyer.

This is because most rushed property transactions often turn sour, especially if the deal is too good to be true.

In this hurried transactions, most buyers tend to overlook property lawyers to save costs and time. According to the buyers, the ‘complicated’ legal process drag and the impatient seller may seek a buyer with ready money.

Moreover, many prospective buyers seem to trust the smooth-talking sellers who often give seemingly valid reasons for wanting to hurriedly dispose of their property. Some of them include paying fees, settling hospital debts, loans or leaving the country.

Unfortunately, some gullible buyers fall prey to fraudsters and pay cash, only to realise their predicament when the real owners show up.

Take the Athi River case where investors were led to believe the Government was in the process of disposing of idle public land and so they rushed to secure a piece.

Preliminary findings show many parcels were sold to more than one person, resulting in disputes.

However, if the buyers applied a little caution and hired the services of a property lawyer, they could have avoided such fraud cases.

The law requires that registered lawyers handle property transactions that involve legal procedures. Also, for contracts to be enforceable, they must be in writing, according to the Law of Contract Act.

And since property lawyers are trained to act in the best interest of the client, it is important to involve them from the beginning.

Future liability

After being furnished with all the details pertaining the property, the lawyer initiates correspondence with the buyer or seller’s advocate before advising the client and eventually commencing the transaction process.

Part of the seller’s advocate’s duties is to prepare the sale agreement and title documents and approve the transfer. They should also procure execution of the conveyance (transfer of property), attest documents and receive and account for proceeds of the sale to his/her client.

The buyer’s advocate will also require detailed information in order to advise on finances, legal costs and possible future liability for taxes.

As a purchaser, your advocate must be vigilant to cushion you from possible fraud lest he/she is wrapped for professional negligence.

Furthermore, the lawyer stamps the legal documents and forwards them for registration.

It is also the duty of your lawyer to obtain and pay the purchase money to the advocate representing the seller.

The lawyer should also obtain a rates clearance certificate, land rent certificate and consent of the Commissioner of Lands. He/she should also get consent from the land control board, town clerk and trustees or public corporation/authority where necessary.

The writer is an advocate of the High Court of Kenya