In law, conveyancing is the transfer of one title deed to another. Since members of the public set aside their income to acquire real estate such as land, apartments and plots, there are instances where irregularities are present in the manner in which the property has been acquired. This could force the owner to turn to the halls of justice for redress.
In an interview with Lydia Kibunja, a conveyancing lawyer explained what the public should consider before making a decision.
Kenyans. co. ke examines what you should keep in mind when shopping for a conveyancing lawyer.
Lawyers Michael Oloo, Samson Okongo, Mohammed Balala and Ali Taib during the hearing in the Swaleh Nguru property case at the High Court in Mombasa on July 19, 2012
Type of transfer services
When looking for a conveyancing attorney, you need to be aware of the services offered. Services include sale and purchase of property, rental arrangement, perfect bank guarantees and deeds of transfer.
“With regard to deeds of transfer, this includes rental income and donated property. Bank titles are documents that certify compliance with mandatory information on property rights KIbunja elaborated.
An individual should not be surprised when the lawyers give you the bill as there are fees which include legal fees, disbursements and Value Added Tax (VAT)
“It is important to note that the legal fees are in accordance with the Solicitors Remuneration Order (ARO) which sets the minimum fees we are expected to charge.
The disbursement includes printing, binding, emails, postage and calls. In some other cases, the appraisal fee and registration fee will be included.
Reference and recommendation of a lawyer
A person seeking legal services should seek the referral and recommendation of a lawyer. It is up to the client to be diligent enough to follow up on the credibility of the referral and the people recommending the lawyer.
Check the credibility of the lawyer
When seeking the services of a Conveyancing Solicitor, one should consider whether the solicitor is registered with the Law Society of Kenya. Know his or admission number, confirm work status and areas of practice.
“Lawyers have different specialties, confirm areas of practice before hiring the lawyer. Some lawyers have their work status as inactive for personal reasons or a career change,” she said.
Right to complain
When a customer is not satisfied with the services rendered, he has the right to file a complaint. There are specific procedures for such complaints if an informal discussion with your attorneys does not materialize.
“It is strongly recommended that the matter be raised with the Lawyers Disciplinary Tribunal for Serious Complaints,” she explained.
Company practice time
The practice period of the law firm is important when choosing a good conveyancing lawyer. There is the aspect of market forces pushing some lawyers to offer their services at low prices but cheap does not guarantee quality service. Do your background check.
“The law firm’s strong practice over time will ensure your money’s worth,” Kibunja remarked.
There are obvious red flags when it comes to the transfer of funds to the lawyer. It is recommended to use panel lawyers from the bank’s database.
The Milimani Courthouse in Nairobi, pictured on November 18, 2019