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FISHy land deal
Kibunda
#1 Posted : Sunday, January 26, 2014 5:59:47 PM
Rank: New-farer


Joined: 1/10/2014
Posts: 39
there is this maasai I want to buy land from. He gave me the title and I proceeded to do a search. We then met to do the agreement and I learnt that the name on the Title was different from his real name. He explained that the name on the title was the original seller's and that he did not complete the transfer to his name since he was going to sell it soon afterwards and wanted to avoid paying stamp duty. Apparently thats what he does most of the time. I would like to know, is this a common thing ama I should run for my dear life?
Proprietor, Ngamia Holdings Limited
Realtreaty
#2 Posted : Sunday, January 26, 2014 7:56:38 PM
Rank: Elder


Joined: 8/16/2011
Posts: 2,297
Run, run, and run......this people you call Maasai have chanukared nd someone is using him behind the scenes to illiterately make money and they share.
Kaka M
#3 Posted : Sunday, January 26, 2014 9:44:29 PM
Rank: Member


Joined: 4/18/2011
Posts: 459
Once when I encountered your kind of situation I dug deeper and found out the original owner who then verified the story then effected the transfer.
Meanwhile, with regard to a certain tribe being illiterate and thus their word qualifying for Gospel truth could not be further from the truth.
My travels in East Africa have taught me that they are more feared than any other person in land matters you may have heard of or dealt with.
They have realised their weakness and turned it into their strength.
kollabo
#4 Posted : Monday, January 27, 2014 9:53:24 AM
Rank: Veteran


Joined: 2/3/2012
Posts: 1,317
DONT EVEN TRY! Very similar to a situation I am currently facing. Original owner transferred title to agents name. We signed sale agreement, I paid cash then the agent attempted to transfer back to original owner. Lands officials suspected something and stopped the transfer. When I contacted the agent he claimed that the old man's sons had objected to the deal (even as he was lying to me that Kajiado was just delaying in releasing titles).
Kibunda
#5 Posted : Monday, January 27, 2014 12:24:30 PM
Rank: New-farer


Joined: 1/10/2014
Posts: 39
Many Thanks to you all. I will insist that he completes the transfer to his name first then come with a new title in his name. If not, wacha ikae! In any case, the savings on the stamp duty benefit him, not me.
Thanks guys
Proprietor, Ngamia Holdings Limited
Gathige
#6 Posted : Monday, January 27, 2014 12:47:46 PM
Rank: Elder


Joined: 3/29/2011
Posts: 2,242
Kibunda wrote:
Many Thanks to you all. I will insist that he completes the transfer to his name first then come with a new title in his name. If not, wacha ikae! In any case, the savings on the stamp duty benefit him, not me.
Thanks guys



@Kibunda, I have dealt with a number of Maasai and that's common. Don run yet if the deal is good. Ask him to bring the owner ( as per the title deed) and then deal with the title owner directly and pay off the guy his commission. That way you will be dealing with the land owner.
"Things that matter most must never be at the mercy of things that matter least." Goethe
Kibunda
#7 Posted : Monday, January 27, 2014 4:43:45 PM
Rank: New-farer


Joined: 1/10/2014
Posts: 39
Gathige wrote:
Kibunda wrote:
Many Thanks to you all. I will insist that he completes the transfer to his name first then come with a new title in his name. If not, wacha ikae! In any case, the savings on the stamp duty benefit him, not me.
Thanks guys



@Kibunda, I have dealt with a number of Maasai and that's common. Don run yet if the deal is good. Ask him to bring the owner ( as per the title deed) and then deal with the title owner directly and pay off the guy his commission. That way you will be dealing with the land owner.


@Gathige Spoke to my lawyer today and she says the same thing. Apparently we will have to draft a sale agreement that will include the original owner. I must admit it is not an arrangement I am entirely comfortable with but it looks like a good opportunity to me.
Proprietor, Ngamia Holdings Limited
Kwanini
#8 Posted : Monday, January 27, 2014 6:53:51 PM
Rank: Member


Joined: 1/28/2009
Posts: 353
Location: Cloud
@gathige. seconded. alete whoever appears on the title to the land board quite easily done. and the speculator to be a witness only so long as its nipe nikupe. and while at it pay the stamp duty. who knows
ne day the chicks may come home to roost
"For i am the master and the captain of my fate"
Wendz
#9 Posted : Tuesday, January 28, 2014 3:16:28 PM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
Kibunda wrote:
Gathige wrote:
Kibunda wrote:
Many Thanks to you all. I will insist that he completes the transfer to his name first then come with a new title in his name. If not, wacha ikae! In any case, the savings on the stamp duty benefit him, not me.
Thanks guys



@Kibunda, I have dealt with a number of Maasai and that's common. Don run yet if the deal is good. Ask him to bring the owner ( as per the title deed) and then deal with the title owner directly and pay off the guy his commission. That way you will be dealing with the land owner.


@Gathige Spoke to my lawyer today and she says the same thing. Apparently we will have to draft a sale agreement that will include the original owner. I must admit it is not an arrangement I am entirely comfortable with but it looks like a good opportunity to me.


As long as you use a lawyer, you do the agreement with the person whose name appears on the title and make sure all the transfer documents are done, pay with your lawyer as witness, there's nothing to worry about. it might be true that the original owner had sold to the guy who claims the land, but if you are to pay, pay when both of them are present so that you do not have a situation where you've paid the one on title and he refuses to give the other one which triggers him to run and put a caveat. In my case, i actually gave my lawyer the money when both of them were there, then it was for them to decide whether to get into another agreement of the owner of the land passing on the money to the other guy (i wasn't part of that arrangement)....
justKiwi
#10 Posted : Tuesday, January 28, 2014 3:41:11 PM
Rank: New-farer


Joined: 8/25/2012
Posts: 32
Check the title deed on page 3 or just all the pages. Anything suspicious? Ask the maasai to show you (i) The official search that was done before he bought if available. (ii) The sale agreement that they signed (iii) The transfer form that they signed. He should have most of these. Now check the names in the forms and compare with the names on the title deed, and the national ID of the title holder. If all are right, the maasai can be genuine. It can be that he is broker but feared to tell you he is not the owner of the land. If he agrees you deal with the person, that's right. Go on
kamundu
#11 Posted : Friday, January 31, 2014 9:00:13 AM
Rank: Member


Joined: 5/9/2011
Posts: 786
Location: Mashinani
Tread carefully. Very Carefully. I say again, veeeeery carefully
Peace in our Homeland.
Tokyo
#12 Posted : Friday, January 31, 2014 9:39:19 AM
Rank: Veteran


Joined: 10/9/2006
Posts: 1,502
Deal with registered owner. If not possible RUN...
work to prosper
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