(Its
your hard earn savings you are about spending)
(Follow this link; HOW TO SAFELY ACQUIRE LAND PROPERTY ) as
guides to your questions.
Ask
for documents even if its photocopies at that stage.
Scrutinize
those documents and if any discrepancy is noted, demand for explanation.
- Visit or inspect the property without the knowledge of the person offering the property to sale. Open your eyes (shine your eye) to notice it there are things that can agitate minds. Use wisdom to ask a few questions from the people close to tat property about who owns the property you wish to buy and who do they think has right to sell land here.
- At that stage, it is advisable to involve a solicitor/lawyer or property consultant (note; not a property agent who in most cases does not have sufficient training or qualification to appreciate the legal implication or intricacies involved in property business). But if you feel otherwise, you are only taking a risk.
- If the person that offers the property for sale is not the owner, assure the him of your interest and readiness to buy but insist on seeing the owner and make sure you both visit the property. If he is not comfortable to discuss the sale while in the property, there is need for you to worry.
- If the person representing the seller refuses to allow you meet with the owner, request to know who would conclude the transaction with you when you make payment. If he says, he is representing the owner, request to see his authority. Note: authority can never be verbal; it has to in writing and relates to the property that is being offered for sale. This authority is usually called Power of Attorney. specific things you have to know about Power of Attorney are these:
- Once those initial hurdles have been crossed, proceed to investigate the sellers title whether or not the seller is selling personally or if it’s a registered title such as C of O or Deed of Conveyance or Deed of Assignment, you can equally conduct a search through a simple letter/application to the lands ministry or the relevant agencies. It is important you do this even after you have seen the original copy with the seller because there is what we call cloning now, so many fake Government Certificate are out there now.
- Be sure the property has not used the original to obtain loan or mortgages purpose. It is not all mortgages that are registered, so your search at the Registry may not reveal that, insist on seeing the original.
- if the property does not have a registered document or title, though the seller’s title or documents may be genuine but once there is no registered title, a risk is involved, and you have to be very vigilant, don’t be deceived by some documents he may provide, whether they title them Deed of Conveyance or Deed of Assignment of Assignment or Purchase Agreement, even it may carry stamp duty, but once it is not registered it cannot convey on you a legal title and you have to be very careful. Try to get a serious worded undertaking from the seller to the effect that there is no rival claimant to the property and that if there is any problem over the property, you are going to be indemnified.
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