"It is highly recommended that you get yourself a lawyer to handle the transaction of buying property (an apartment). This will ensure that records are well maintained and that your money is legally protected."
I recommend that you do get a lawyer, as you may well not understand the legal process. The lawyer can arrange legal searches, check that there are no outstanding financial obligations attached to the property, draw up a sales agreement, co-ordinate the completion of the sale and registration of the property title.Â
Here's the things to be aware of, about getting a lawyer in Kenya.Â
The fees for conveyancing a property (which doesn't involve a lot of work) are completely unreasonable at around 2 - 3% of the sales price of the property (in the UK lawyers charge a fixed fee of a few £00). Unfortunately, the Law Society of Kenya (LSK) have determined these charges and lawyers are not in a position to negotiate for fear of action against them by LSK. You need to budget for the sales price plus this fee.
Money. In my home country (UK), the deposit for a property is generally held by your lawyer, as a neutral party in the transaction. A few years ago, we transacted on a property (purchase) and the agreement was that the deposit would be held by our lawyer (who we had used before and thought we knew well). He immediately headed for Mombasa and spent most of it on a new car, hoping that incoming work would allow him to recover the deposit. The incoming work did not materialise, and so at the point of completion, the whole amount of the funds was no longer available. It all got very nasty and we almost lost the sale and our money. Fortunately, the seller was also a lawyer and kind of understood what had happened.Â
We have NEVER given another lawyer a shilling beyond their fees. We have done things like open a joint holding account for the deposit (both parties to sign to release the money) and we have also transacted the cash in the UK (where the seller was British).
The title deeds and copy of the sales agreement will be given to you if you wish to personally hold them. You need both when you come to sell. You will also need a PIN from Kenya Revenue Authority (KRA) to carry out a property transaction.
When selling there is a tax of 4% on any capital gain (profit).