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Wazuans pliz advice! Am traumatised, am loosing it!
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bwenyenye
#11 Posted : Tuesday, February 15, 2011 3:06:03 PM
Rank: Elder

Joined: 5/24/2007
Posts: 1,805
@Keraka,
Far from it. The Sales contract is binding even without the deposit if that is the agreement. I am trying to show you why the seller would be interested in nulifying the contract. I would advise you to get legal advise but always realise that the seller has nothing much to lose if the contract fails yet you have alot to gain. How would you, for example, justify asking for the KShs 1.5M as a loss to you without any consideration to the seller? Just be a little more cautious next time bro. Better still, the seller may be interested in a renegotiation, why not try and meet him to discuss further. He is your land lord anyways. FIght for the house amicably, the courts may not be of much help in this case. You may actually find yourself in a countersuit if you tried to block the sale. Anyway fight for it wisely.
I Think Therefore I Am
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mpobiz
#12 Posted : Tuesday, February 15, 2011 10:30:29 PM
Rank: Elder

Joined: 8/10/2010
Posts: 2,264
keraka wrote:
@ Bwenyenye
My problem is the seller wants to renegde on their side of the contract so that it collapses all together and i feel this will be financially injurious to me considering the time wasted waiting and current property prices in the same locality.


land matters are very sensitive matters. most rights are reserved by the seller.
provided the seller can refund your money there is nothing you can do.
there is no court in kenya that can force someone to transfer ownership of a property if he/she(the seller) can refund the money.

Politics is just things to keep the people divided and foolish and put your trust in men and none of them can do nothing for you...
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mpobiz
#13 Posted : Tuesday, February 15, 2011 10:34:20 PM
Rank: Elder

Joined: 8/10/2010
Posts: 2,264
keraka wrote:
@ Bwenyenye
My problem is the seller wants to renegde on their side of the contract so that it collapses all together and i feel this will be financially injurious to me considering the time wasted waiting and current property prices in the same locality.


land matters are very sensitive matters. most rights are reserved by the seller.
provided the seller can refund your money there is nothing you can do.
there is no court in kenya that can force someone to transfer ownership of a property if he/she(the seller) can refund the money.

Politics is just things to keep the people divided and foolish and put your trust in men and none of them can do nothing for you...
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Elder
#14 Posted : Wednesday, February 16, 2011 11:57:52 AM
Rank: Elder

Joined: 9/7/2010
Posts: 2,148
Location: elderville
mpobiz wrote:
keraka wrote:
@ Bwenyenye
My problem is the seller wants to renegde on their side of the contract so that it collapses all together and i feel this will be financially injurious to me considering the time wasted waiting and current property prices in the same locality.


land matters are very sensitive matters. most rights are reserved by the seller.
provided the seller can refund your money there is nothing you can do.
there is no court in kenya that can force someone to transfer ownership of a property if he/she(the seller) can refund the money.



With respect mpobiz you are talking utter crap. Ati no court in Kenya can force someone to transfer his/her property if he/she can refund the money!? I find it hard to believe that land issues are just too 'sensitive' for you grasp so I wonder.... are you Keraka's defaulting vendor?

There are some instances where statutorily you cannot enforce specific performance in respect of sale of land, like if it is an agricultural land and no requisite consent for its sale and transfer has been obtained from the board or it is not evidenced in writing. It is otherwise like any other contract and the purchaser is entitled to a remedy for specific performance.

To make a sweeping statement that no court in Kenya can order a transfer of land if the owner is ready to refund the money paid for it is a falsity.
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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pessa
#15 Posted : Thursday, February 17, 2011 9:38:08 AM
Rank: New-farer

Joined: 12/30/2010
Posts: 41
Location: Africa
you need to put a caveat on the land ASAP. This can take 12 to 24 hours depending on how street swavvy your lawyer is. By doing this no other transaction will be allowed until the matter is solved. Do this NOW?
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Ondiek
#16 Posted : Thursday, February 17, 2011 10:10:23 AM
Rank: Member

Joined: 6/21/2009
Posts: 292
pessa wrote:
you need to put a caveat on the land ASAP. This can take 12 to 24 hours depending on how street swavvy your lawyer is. By doing this no other transaction will be allowed until the matter is solved. Do this NOW?


On what basis would you put a caveat?
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pessa
#17 Posted : Thursday, February 17, 2011 10:17:57 AM
Rank: New-farer

Joined: 12/30/2010
Posts: 41
Location: Africa
@ Ondiek This will be under Purchasers Interest.
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Ondiek
#18 Posted : Thursday, February 17, 2011 11:37:48 AM
Rank: Member

Joined: 6/21/2009
Posts: 292
pessa wrote:
@ Ondiek This will be under Purchasers Interest.


@Pessa True that. The agreement in place should also be able to withstand scrutiny otherwise he will find himself burdened with compensation for placing a wrongful caveat.
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mukiha
#19 Posted : Thursday, February 17, 2011 1:07:42 PM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
This is strange:
FIRST - the sale contract has no exit clause. That's a major flaw. I believe it can be contested by either party as null and void. Usually, sale contracts provide for a 10% (of the contract sum) penalty for inability to conclude the deal.

SECOND - If you are buying the house, why should you be paying rent on it? Think about it, if there was no documentation problems, wouldn't the house been handed over to you vacant?

The developer agreeing to let you take possession before conclusion of sale should have been at his own risk and for no rent!

The way I see it. I think you've been taken for a ride and perhaps it is time you alighted from this "bus". It is taking you no where.

I would simply move out and look for a house elsewhere. After all, you haven't paid any money apart from the rent and legal fees...

Cut your losses and headaches and move on
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
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Gordon Gekko
#20 Posted : Thursday, February 17, 2011 5:59:09 PM
Rank: Elder

Joined: 5/27/2008
Posts: 3,760
@mukiha, that is mean, but sadly true.
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