The conveyancing process ensures a smooth transfer of ownership from the seller to the buyer. However, hidden pitfalls can lurk within the legalese. Here at Clay & Associates Advocates, a leading law firm in Nairobi, Kenya, we confidently help you navigate the conveyancing process.

image source

Red flags to watch out for during Kenyan conveyancing:

Questionable Documentation:

A seller hesitant to provide complete and accurate documents raises red flags. Look out for:

• Incomplete Title Deeds: A title deed is the official document proving ownership. A seller unwilling to provide it or a title with discrepancies is a cause for concern.
• Missing Approvals: Certain properties, such as land control boards, may require approvals from local authorities. Ensure all necessary approvals are in place.

Example: The seller presents a worn title deed with an unclear ownership history. This warrants further investigation by your lawyer to avoid potential ownership disputes.

Unreliable Seller:

Be wary of sellers exhibiting suspicious behaviour:

• Pressure to Close Quickly: A seller pressuring you to finalize the deal rapidly might be trying to hide issues. Take your time to ensure a thorough conveyancing process.
• Unwillingness to Negotiate: Reasonable negotiation is a normal part of property transactions. A seller unwilling to negotiate on price or terms could be concealing problems.

Example: The seller insists on closing the deal within a week, offering a discount to incentivize a quick sale. This pressure could indicate hidden issues they want to avoid disclosing.

Financial Concerns:

Unclear financial aspects of the transaction can indicate trouble:

• Unrealistic Asking Price: A property significantly below market value might be a ploy to attract hasty buyers overlooking potential problems.
• Unclear Payment Terms: The sale agreement should clearly outline payment methods, timelines, and escrow arrangements. Vague terms can lead to disputes later.

Example: The seller lists a prime property at a suspiciously low price in a desirable location. This could be a tactic to lure buyers into a deal with hidden costs or ownership complications.

image source

Going Solo:

Conveyancing involves legal complexities. Representing yourself is risky:

• Ignorance of Land Laws: Kenyan property law has nuances a layperson might not understand. A lawyer ensures compliance with all legal requirements.
• Inability to Identify Risks: A qualified lawyer can identify potential issues in the agreement or title that could lead to future problems.

Example: You draft a sale agreement, overlooking a clause granting the seller access to the property after ownership transfer. This could be a significant inconvenience if not addressed beforehand.

Partnering with Clay & Associates Advocates

Don’t let red flags derail your dream of property ownership. Our experienced conveyancing lawyers can help you avoid these pitfalls:

• Conducting Thorough Title Searches: Our team examines property titles to uncover hidden issues or legal complications, ensuring you make informed decisions.
• Reviewing and Negotiating Sale Agreements: We safeguard your interests by meticulously reviewing and negotiating terms in the sale agreement, providing you with a fair and favourable contract.
• Liaising with Relevant Authorities: We handle all necessary communications and paperwork with relevant authorities, ensuring that all required approvals and permits are obtained without hassle.
• Comprehensive Guidance Throughout the Conveyancing Process: From initial consultation to finalizing your property purchase, we provide clear, step-by-step guidance to make the process smooth and efficient.
• Expertise in Handling Complex Transactions: With years of experience, we can manage even the most complex property transactions quickly and precisely.
• Personalized Service Tailored to Your Needs: We understand that each property transaction is unique, and we offer customized service to meet your specific needs and circumstances.

Trust Clay & Associates Advocates provides you with the legal expertise and support needed to navigate the complexities of property ownership, giving you peace of mind and confidence in your investment.

image source

Own Your Land Securely

Investing in Kenyan property deserves a smooth and secure conveyancing process. By recognizing red flags and partnering with Clay & Associates Advocates, you can approach ownership with confidence.

Contact us today for a consultation to discuss your specific situation and ensure a stress-free property transfer.