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Home Real Estate

Why legal due diligence is key in real estate transactions

Solomon Kimani by Solomon Kimani
September 17, 2024
in Real Estate
Reading Time: 2 mins read
Real estate concept

Real estate concept

Navigating the legal landscape of real estate transactions can be a complex journey, yet it is the most critical part of buying or selling property. The real estate legal process protects the interests of both the buyer and the seller, ensuring a smooth transfer of ownership and legal compliance throughout.

The process begins with an offer from the buyer, which, once accepted by the seller, leads to the signing of a Sale Agreement. This legally binding contract outlines the terms of the sale, including the price, payment schedule, and any contingencies. It serves as the foundation for the transaction, offering both parties clarity on their rights and obligations.

After the agreement is signed, the buyer’s legal team performs due diligence, including a title search to verify the property’s ownership and ensure it’s free of legal issues like liens or mortgages. A survey may also be conducted to verify the property’s boundaries. This step ensures that the buyer is getting exactly what they are paying for.

Once the title is confirmed, the buyer typically pays a deposit, and the seller may be required to obtain necessary consents, especially for properties governed by special regulations, such as agricultural land. Following this, a transfer of property document is prepared, which officially transfers ownership to the buyer.

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At this point, stamp duty—a tax imposed on property transactions—is paid by the buyer, after which the title deed is registered in their name. Finally, the buyer completes the payment, and the seller hands over possession of the property. While this is the final stage of ownership transfer, post-completion tasks such as updating tax records and utility accounts are necessary to fully settle into the new property.

This process, though time-consuming, ensures all legal aspects are fully addressed, securing the property and rights for both parties involved.

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