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Law Society Conditions of sale - What they say?
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muganda
#11 Posted : Wednesday, August 11, 2010 2:46:28 PM
Rank: Elder

Joined: 9/15/2006
Posts: 3,907
@slykat, interesting points.

If it goes wrong with the lawyer, what then?
If the lawyer doesn't sit on the money, does it render him incapable of seeing the conveyancing to its conclusive end?
And why does this lawyer frown upon a proxy like an escrow or bank undertaking? Is it because he's dealing with an individual?

Too many questions with one lawyer, yet there are many good lawyers in practice.
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  | | Edit by user: Wednesday, August 11, 2010 2:48 PM | Reason: sp
slykat
#12 Posted : Wednesday, August 11, 2010 2:57:30 PM
Rank: Member

Joined: 2/20/2007
Posts: 359
muganda wrote:
@slykat, interesting points.

If it goes wrong with the lawyer, what then?


If its by the lawyer's incompetence, negligence or fraud, then you have recourse to the LSK Disciplinary committee and an action in court or police if it be criminal. If the fault lies elsewhere, your lawyer should rectify or if unable advise on course of action.

muganda wrote:
If the lawyer doesn't sit on the money, does it render him incapable of seeing the conveyancing to its conclusive end?


Not ipso facto.

muganda wrote:
And why does this lawyer frown upon a proxy like an escrow or bank undertaking? Is it because he's dealing with an individual?


My understanding is that it is the seller frowning not the lawyer.

muganda wrote:
Too many questions with one lawyer, yet there are many good lawyers in practice.


That lawyer is not a bad one on the basis of the info we have only; chances are, he just wants to exercise full professional responsibility... not taking full legal responsibility and liability for work not done by him.


NB: We do not know the nature of the instructions given to the lawyer in full... so only, Kwanini may be following what am saying as he does.
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  | | Edit by user: Wednesday, August 11, 2010 3:37 PM | Reason: quotes corrected for user
mukiha
#13 Posted : Wednesday, August 11, 2010 5:08:29 PM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
Kwanini wrote:
Wazuans, um involved in a plot transaction but need any insight regarding a small hitch with my lawyer. Now we had agreed everything and put down all the issues with the seller. The trouble is on engaging an advocate for an agreement draft, 15k later the lawyer insists, the balance must be paid through him as it is a legal requirement and further our agreement is subject to " Law Society Conditions of sale (1989 Edition) "

Am not sure what the implication of this is. Already got the search, L.B Consent and had paid a deposit for the same. Due diligence complete but seller wont accept bal. thro "proxy" and also wont engage own lawyer . Wazua, pot of eternal knowledge, kindly shine thine perpetual light.

RUBBISH!!!

What is important is that the cash exchange is done IN THE PRESENCE of the lawyer.

Watch out.

It is much more difficult to get your cash from a lawyer than the title from the seller
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
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Kwanini
#14 Posted : Wednesday, August 11, 2010 5:58:31 PM
Rank: Member

Joined: 1/28/2009
Posts: 353
Location: Cloud
Update.We went to the advocate's office with the old lady who asked the lawyer this " will i require another advocate to follow my money with you after the transfer is done? The lawyer shot back " What if the registration/ transfer fails, how long will it take to get my clients money back ? Me, am totally confused.

They were talking in mother tongue and i was pretending i donot understand Kisapere. The discussion was ugly... didn't even know the lady had been pursuing some insurance payments from another advocate for the past 2 years...We had to walk ou..

@mukiha- i am still stuck with my Bankers' Cheque. Surely something has to give. @Waithaka- if it is not a one man outfit, hit back.
"For i am the master and the captain of my fate"
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thuks
#15 Posted : Wednesday, August 11, 2010 7:29:29 PM
Rank: Veteran

Joined: 10/8/2008
Posts: 1,575
My experience (freehold title):
1. identify the land
2. do back ground check... at the land s office e.g no caveats
3. agree price and terms eg payment by bankers cheque made in the name of registered owner (problem here now because maximum value of cheque is KES999,999). Pay a percentage (10%) as commitment fee
4. Book land transfer authority with Land Control Board (LCB)
5. Visit advocate(seller and buyer and IFF stage 4 is satisfactory) and furnish them with terms agreed who then writes a sale agreement
6. Meet at the advocate's and pay balance as you get all papers necessary for transfer of the title to yourself. All else needed is for the seller to appear at the LCB meeting and then wait for your title deed

Caveat: There are, of course variables to this line because i am aware of several that have worked
I care!
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mkonomtupu
#16 Posted : Wednesday, August 11, 2010 7:39:27 PM
Rank: Veteran

Joined: 2/10/2010
Posts: 1,001
Location: River Road
Chaka wrote:
@Kwanini,
Sorry to hijack your post..can someone enlighten me on the implications of not paying stamp duty at the time of purchasing land i.e the likely penalties to be paid?

@Chaka, the penalties are crushing-penalty of 5/- for every 20/- of the duty payable for every period of 3 months. When calculated sometimes it equals the value of the property. Uhuru in the budget proposed to lower the penalty to 1/- for every 20/- and not to exceed 100% of principal duty outstanding.
@Kwanini, you don't seem to have a rapport with your lawyer. Unless he has seen something that you haven't. If you are in a hurry then sign for him a discharge that you wont sue him if things go wrong.
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Kwanini
#17 Posted : Thursday, August 12, 2010 11:19:03 AM
Rank: Member

Joined: 1/28/2009
Posts: 353
Location: Cloud
@emptyhand @thuks @ Mukiha- The rapport disappeared the moment he insisted the balance was to be paid through his account. Our layman agreement with the seller was pay via EFT/Bankers Cheque. That's where disagreement arose with lawyer.

Got another amazing learned chap. We have just come from the Registrar office's- [Amazing these chaps report to work at 6.00 am] After a cup of early morning tea- the docs were verified and everybody is happy. Rider: Mkonomtupu haulambwi- no pun intended!
"For i am the master and the captain of my fate"
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  | | Edit by user: Thursday, August 12, 2010 11:21 AM | Reason: clarity
Kwanini
#18 Posted : Thursday, August 12, 2010 11:25:50 AM
Rank: Member

Joined: 1/28/2009
Posts: 353
Location: Cloud
@wazua- i may not be very well endowned, but as a sign of appreciation, can i mpesa a little something for you to donate towards your annual Mbuzi and or Sk Charity?
"For i am the master and the captain of my fate"
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wazua
#19 Posted : Thursday, August 12, 2010 1:30:10 PM
Rank: Administration

Joined: 11/19/2009
Posts: 679
Dear Members,

It is said that the best Attitude is Gratitude. @Kwanini, your one line post is touching and reflects the true spirit of Wazua. Special appreciation to all members who made a contribution to assist @Kwanini in this thread.

Please send your MPESA to 0715-222250. We will immediately forward the same to Wazua Charity Club, plus try to match your contribution.

Lastly, we would be honored if you will accept a Wazua token from us to acknowledge your membership to our community (details by email).

Welcome to Wazua.
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  | | Edit by user: Thursday, August 12, 2010 1:31 PM | Reason: italics
muganda
#20 Posted : Thursday, August 12, 2010 2:23:38 PM
Rank: Elder

Joined: 9/15/2006
Posts: 3,907
mukiha wrote:
RUBBISH!!!
It is much more difficult to get your cash from a lawyer than the title from the seller

Laughing out loudly Laughing out loudly Try as I might, I can only wish I could be this direct.

@Kwanini, glad it ended well. @Wazuzu, good stuff.
I feel a tiny winy bit unappreciated - my disertation tooo long perhaps... Pls spread a token for my verbosity... smile
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