The process of property transfer has become an ordeal to many Kenyans who hurriedly acquire property without following the right procedures, often leading to legal battles. The following are seven steps to ensure that the given property is transferred in the right way.
Identification of property
A buyer should seek the services of a reputable agency firm to help him/her identify the property that suits them better.
Due diligence
The buyers through their lawyers, should conduct due diligence to know the status of the property i.e the size, the registered owner, any encumbrances or caveats.
Negotiations and sale agreement
Both parties should discuss and agree on the terms of sale including the price and term of payment. The buyer is required to pay a deposit, usually 10% of the sale price and the balance paid upon completion of the sale transaction (expected to take 90 days).
Finance
The mode of payment for the balance of the purchase price should be indicated on the sale agreement.
Transfer and completion documents
The transfer is initiated by the purchaser’s lawyer and approved by the seller’s lawyer and signed by both parties. The seller should avail the completion documents for the registration of the property in favor of the purchaser.
Stamp duty
The market value of the property is determined by the government valuers. Stamp duty is based on this market value and the purchaser settles it with the government.
Registration
The final process of land purchase is the registration of the transfer in favor of the purchaser. The title documents are registered in the name of the purchase and with this the ownership of the property is fully transferred.