I need some legal advice...Not entirely pro bono. Will be willing to show a little appreciation. :)
I am buying some land and the seller has prepared a sales agreement. It looks fairly simple, however i would feel a little more settled if i got wazuans input on the following excerpt of the agreement:__________Excerpt of Agreement_________________
The Vendor is the registered proprietor of an estate in fee simple of all that piece or parcel of land known as Plot Number MMMM TITLE NUMBER xxxxxx comprising by measurement approximately xxxx ACRES, (herein after referred to as the Mother Plot) The Vendor has agreed to subdivide the mother plot and sell and the Purchaser has agreed to purchase designated subdivision Plot Number XXX (hereinafter referred to as “the property”) as appearing on the subdivision map.
NOW IT IS HEREBY AGREED as follows:-
1. THAT the Vendor shall sell to and the Purchaser shall purchase the Property.
2. The purchase price is XXXX only.
3. The purchase price shall be paid to the vendor in full upon execution of this sale agreement.
4. The purchase price shall be paid by RTGS into the vendor’s account of choice.
5. The sale is subject to the Law Society Conditions of Sale (1989 Edition) in so far as they are not inconsistent with the conditions contained in this Agreement.
6. The Property is sold with vacant possession.
7. The Property is sold subject to the easements conditions restrictions and other matters subject to which the Vendor holds the freehold interest but otherwise free from all encumbrances.
8. The purchaser shall have possession of the property upon execution of this agreement and subsequent payment of the purchase price.
9. The vendor shall complete the subdivision of the mother plot and registration formalities of the property into the purchaser’s name within two (2) months utmost or earlier from the date the purchaser executes this agreement and pays the purchase price.
10. The vendor shall cater for the costs and expenses of the subdivision and the registration of the property in the purchaser’s name and also for the legal fees for preparing this agreement.
11. Upon completion of the registration formalities by the vendor, the vendor shall deliver to the purchaser:-
(i) The original title to the property in the purchaser’s name;
(ii) a valid Rates Clearance Certificate from the relevant Local authority/or land control board’s consent whichever is applicable to the land;
(iii) Any other document(s) required by the Purchasers to enable the Sale Property to be properly registered in the Purchasers’ names.
12. Time shall be deemed to be of the essence for purposes of this agreement.
13. The Vendor has pointed out to the purchaser the beacons of the property and undertakes to replace any beacons that are missing or misplaced. The Purchaser has inspected the property for this purpose and has done an official search copy annexed to this agreement.
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In brief, in my negotiations with the seller, It was agreed that he would process my title registration and pay all legal and registration fees if i paid x ksh. Does the above agreement favour me?
Excelsior