Buying a house is an exciting milestone in life. Still, it can also be a complex and overwhelming process, especially in Kenya, where information can be harder to find than in most jurisdictions, and legal hurdles can take ages to resolve, making the process riskier.
Over the last two decades of our law firm’s operation, we have had many consultations from clients who decide to embark on this journey, and many ask if and why they need a lawyer to buy a house in Kenya.
For most of our clients, purchasing a house is the biggest financial decision of their lives, and they find that having someone like our law firm on their side safeguards them from losses and regrets by negotiating on their behalf, clarifying agreements, conducting due diligence, and handling contingencies and escrow.
Remember that the legal services one needs will differ depending on the type of house, its state, the seller, and its location within Kenya; therefore, contact us today to get advice on the best legal services for your situation.
Keep reading as we delve into why having a lawyer when buying a house in Kenya is crucial to ensure a smooth and secure home purchase.
Why You Need a Lawyer to Buy a House in Kenya
1. Lawyers help you understand the legal landscape in Kenya
The legal aspects of buying a house differ significantly from one jurisdiction to the other, ranging from differences in property laws, taxes, title deed systems, and complex paperwork, among many more, so having a lawyer’s guidance is essential to avoid any legal pitfalls.
A real estate lawyer’s expertise and knowledge of the legal system can provide you with the necessary guidance to avoid costly mistakes and protect your interests.
2. Navigating the documentation maze
One aspect that stands out for many home buyers in Kenya is the sheer number of legal documents involved in the home-buying process. From purchase agreements, sales contracts, and home inspection reports to disclosure forms, the paperwork can feel overwhelming.
You need a lawyer when buying a house to have a legal expert who will review and explain each document thoroughly while keeping track of everything that is required.
When investing in something as significant as a house, you want to be sure that you understand everything you sign and have someone seeing to it that your interests are protected.
3. Conducting thorough due diligence
Due diligence is an integral part of any real estate investment, and it involves extensive research and investigations to uncover potential risks and red flags.
In Kenya specifically, cases of property built on grabbed land have always been an important issue to consider, and blindly purchasing such can cost you a lot in the future.
Real estate lawyers like ours at Kraido Advocates can assist you by researching property titles, whether the title has been used as collateral for a loan, liens, cases, and encumbrances extensively. Our lawyers will help you uncover red flags and legal issues that could affect your ownership later.
Keep yourself and your property safe by consulting a lawyer for due diligence before buying a house.
4. Negotiating the purchase agreement
Every successful real estate company or investor has a team of skilled lawyers in their corner. Lawyers understand the intricacies of legal agreements and can read between the lines to ensure you’re getting the best deal with fair and favorable terms.
Whether it’s negotiating the purchase price, contingencies, or closing costs, having an attorney advocating on your behalf can save you from entering into unfavorable agreements or falling victim to hidden clauses.
5. Financing and mortgage advisory
Navigating the world of mortgages and property financing can be daunting with all the financial sharks out there to take advantage of your hard-earned money; having a lawyer review loan agreements, simplify the terms, and protect your rights is crucial.
At Kraido Advocates, for example, our finance advisory legal team helps our clients understand the interest rates, payment schedules, and potential penalties.
With our guidance, our clients make better-informed decisions to ensure lenders do not take advantage of them.
6. Handling title and ownership issues
Obtaining title deeds (the primary proof of ownership in Kenya) is a straightforward process that many Kenyans need help with, as some individuals take years to get proper documents.
Buying property through a lawyer in Kenya can hasten the process and cut the time to transfer property and obtain a new title deed to as little as three weeks.
Additionally, our lawyers help you conduct a thorough title search and provide advice on title insurance to protect you from future ownership disputes and legal complications arising from faults and mistakes in the title, such as boundary disputes.
When you buy a house through a law firm, you have the peace of mind of knowing that your ownership rights are secure.
7. Resolving home inspection concerns
Home inspections are crucial when buying a home as they reveal any underlying issues or defects that may not be immediately apparent. If inspection reports uncover concerns, our lawyers can help you address them effectively.
In addition, we can negotiate repairs or compensation with the seller, ensuring that you don’t start with unexpected expenses after the purchase.
8. Handling contingencies and escrow
Contingencies in a real estate transaction provide essential safeguards for real estate buyers. These conditions must be met for the deal to proceed, and escrow ensures that funds are held securely during the process.
With guidance from lawyers like those at Kraido Advocates, you’ll understand the contingencies and their legal implications while navigating the escrow requirements and ensuring that we protect your investment.
House-buying situations, like foreclosures, auctions, or probate sales, come with unique legal considerations and challenges requiring competent legal representation.
A probate sale is when a deceased person’s property is sold as part of the legal process of distributing the assets of the dead person’s estate or settling their debts.
9. Enabling a smooth closing process
The closing process is the culmination of all the hard work put into buying a home. However, it can also be a complex and paperwork-intensive phase.
A lawyer can review closing documents, explain settlement statements, and provide a smooth transfer of ownership. In addition, their involvement minimizes the chances of any last-minute surprises or errors that could delay or jeopardize the closing process.
10. Handling legal disputes and litigation
Legal disputes are not unheard of during home purchases; whether it’s a breach of contract or dealing with fraudulent sellers, it’s always an excellent idea to have lawyers who can resolve these issues.
Should things go wrong, our expert lawyers can assist in negotiation, mediation, or, if necessary, litigation to ensure we safeguard your investment.
Frequently Asked Questions (FAQs)
Must I have a lawyer to buy a house in Kenya?
No, it’s not a legal requirement. You can sign the documents or conduct due diligence yourself, but it can be costlier and require more effort. Plus, there is a significant chance that you will miss out on legal intricacies and misinterpret agreements, which lead to future expenses.
How much does hiring a lawyer to buy a house in Kenya cost?
The cost of a real estate lawyer varies depending on the complexities, property value, and services needed. Typically, the cost will be a percentage of the price, hourly or fixed rates for each service, or a flat fee per service.
Can I handle the legal aspects of buying a house on my own?
While it’s possible to handle some aspects independently, a real estate lawyer brings legal expertise and experience to the table. As a result, they can navigate complex legal issues, negotiate on your behalf, protect your rights, and provide peace of mind.
Conclusion
Buying a home is a significant investment, and having a lawyer by your side can make a world of difference.
Lawyers provide legal expertise, navigate complex documentation, conduct due diligence, and ensure compliance with local laws. From price negotiation to closing, attorneys are crucial in safeguarding your interests and ensuring a smooth and secure home purchase.
So, consider the power of a skilled real estate lawyer when embarking on your journey to buy your dream home. Seek professional legal advice and enjoy the peace of mind that comes with having a legal expert on your team.
The benefits of having a lawyer when you buy a house in Kenya cannot be overstated, so contact our lawyers today to help you get started on your home ownership journey or add more properties to your portfolio.
Find a Real Estate Lawyer in Kenya
For legal help buying a house in Kenya, contact Kraido Advocates law firm today by calling +254 799 180 755, emailing [email protected], or sending us a message via our Free Inquiry Form.
