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sale agreements
BAAK
#1 Posted : Tuesday, June 02, 2009 12:35:00 PM
Rank: Member


Joined: 8/27/2008
Posts: 70

To Lawyers / legal experts in the house:

Does an agreement for sale for real estate (plot,house,etc) between two parties have to be ‘stamped’ by a lawyer / commissioner of oaths in order to be deemed as legally binding?


Your answer will be deeply appreciated.

mukiha
#2 Posted : Wednesday, June 03, 2009 9:40:00 AM
Rank: Elder


Joined: 6/27/2008
Posts: 4,114
@BAAK; err on the side of caution and get a lawyer to witness the agreement.

i think the law assumes that as an officer of the court,a lawyer cannot lie,thus in case of a dispute,the agreement will carry more weight if it was witnessed by a lawyer than if it was witnessed by a layman....

Behind the gardens...Behind the wall...Under the tree (Including: Red...Dark Blue...Yellow)
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
mlefu
#3 Posted : Wednesday, June 03, 2009 9:44:00 AM
Rank: Elder


Joined: 2/11/2007
Posts: 1,680
Location: nairobi
by default its the best way to go....not even the best..its the only way to go.. the cost..less than a soda 300ml..ask TRS

muthomi mugi aiikagia maitho kabere...
kenyanboy
#4 Posted : Wednesday, June 03, 2009 9:53:00 AM
Rank: Member


Joined: 1/6/2007
Posts: 17
My advocate tells me that its important to have it witnessed by an advocate,but not compulsory. What your lawyer may have meant by 'stamped' is stamped for nominal duty at the lands office. This is highly adviseable as it makes the agreement 'admissible evidence' in the event that the matter ever lands in court. Put it this way,if the matter lands in court and you require to submit the sale agreement as evidence,then it needs to have been stamped to be admitted as evidence,in order to show that the agreement was actually made at that date. Secondly,if you are applying for a caution (which you lodge e.g. the seller sells to you and then you discover he is selling to someone else),then a sale agreement that is not stamped cannot be relied on/is not enforceable and so you wont get the caution registered by the registrar. There is a high court matter where the judge said where the sale agreement is not stamped,even though it was not admissible as evidence at the time,the court can still allow you,if you apply,to go and have it stamped. But note that since assessment for stamping is based on the date of agreement,if more than thirty days have expired then there will be penalties to pay. So its highly adviseable (and relatively cheap,considering the benefits) to have the document stamped at the word go.

Hope this helps
timbuktu
#5 Posted : Wednesday, June 03, 2009 10:08:00 AM
Rank: Member


Joined: 3/19/2009
Posts: 8
i got a property recently and the lawyey who witnessed charged us 5000 for the job. something that took at most 20 mins

stuck in active
McReggae
#6 Posted : Wednesday, June 03, 2009 10:26:00 AM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
timbuktu,kwani unataka akina TRS wakulie nini???

The chief value of money lies in the fact that one lives in a world in which it is overestimated.
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
timbuktu
#7 Posted : Wednesday, June 03, 2009 3:16:00 PM
Rank: Member


Joined: 3/19/2009
Posts: 8
i wasn't complaining about the price charged only that i wanted to indicate that it don't have to be expensive to have sale agreements witnessed by our so called learned friends!!!!!!

stuck in active
timbuktu
#8 Posted : Wednesday, June 03, 2009 3:16:00 PM
Rank: Member


Joined: 3/19/2009
Posts: 8
i wasn't complaining about the price charged only that i wanted to indicate that it don't have to be expensive to have sale agreements witnessed by our so called learned friends!!!!!!

stuck in active
timbuktu
#9 Posted : Wednesday, June 03, 2009 3:16:00 PM
Rank: Member


Joined: 3/19/2009
Posts: 8
i wasn't complaining about the price charged only that i wanted to indicate that it don't have to be expensive to have sale agreements witnessed by our so called learned friends!!!!!!

stuck in active
timbuktu
#10 Posted : Wednesday, June 03, 2009 3:20:00 PM
Rank: Member


Joined: 3/19/2009
Posts: 8
i wasn't complaining about the price charged only that i wanted to indicate that it don't have to be expensive to have sale agreements witnessed by our so called learned friends!!!!!!

stuck in active
fantony
#11 Posted : Thursday, June 04, 2009 8:51:00 AM
Rank: Member


Joined: 11/6/2006
Posts: 276
tuambie.

nilidhani ni kila mtu na lawyer wake.

Kama mko na common lawyer si hio imetosha.
BAAK
#12 Posted : Thursday, June 04, 2009 3:38:00 PM
Rank: Member


Joined: 8/27/2008
Posts: 70
Thanks. Thanks guys for your intelligent responses. Though our portfolios have been affected by global cries or is it crises / current downturn,I think the advice we have gotten from SK fraternity on various issues / topics is worth much more than any loss incurred!…
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