Business
What You Should Know About Sale Of Property
Sale of land involves two parties: Vendor and the purchaser. The vendor is the one who offers the real property (land or building) for sale, while the purchaser is the one that buys. But the transactions cannot be complete without the use of legal practitioners.
Both the vendor and purchaser are to involve their lawyers in the transaction. The purchaser lawyer helps his Chest to conduct Bearches. His lawyer is the one who goes to verify if the land is genuine. He conducts searches at the land registry to find out whether the land had been sold to third parties or whether it is encumbered.
The purchaser’s solicitor verifys the validity of the title of the vendor. This is because a vendor cannot convey the title he does not have. One can only give out what one has. He advises his client on the necessary steps to secure his property as well as writes the conveyance.
But more often than not the purchaser ie always unwilling to pay the lawyer a reasonable sum of money. He therefore hires a lawyer only to write the deed conveyance. The purchaser undertakes to investigate his title by him.
But such investigation cannot be thorough with the use of a professional. The investigation stage must be handled by the purchaser’s solicitor so that one does not run into the hands of fraudsters.
Again after the land or property has been purchased, the title has to be perfected. The property must be registered and certificate of occupancy obtained.
Pathetically, most purchasers in Nigeria especially in Rivers State and their transactions with the deed of conveyance.
Consequently, when a problem or dispute emanates from the transaction, the purchaser who has only a deed of conveyance cannot tender it in evidence.
An unregistered title cannot be tendered in evidence.
Again, if the same property is sold twp purchasers, the one that has prior registration will prevail. Therefore, it is always proper to register one’s property (land or building) as soon as it is purchased to avoid any thing would it vulnerable.
Deposit
A deposit may be non-refundable. Therefore when making payment for the purchase of land, the receipt should bear part-payment and not deposits. Apart from deposits being no-refundable in most cases, the vendor can refund your money when he sees a buyer with better offer. But in Part payment it is difficult.
Part-Payment.
Part-payment is the money given to the vendor by the purchaser in respect of a particular property. It is usually easy to be refunded in part payment if the vendor doesn’t convey the land to the purchaser.
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