In law, conveyancing is the transfer of one’s title of a property to another. As members of the public set aside their income to acquire immovable properties such as land, apartments, and plots, there are instances where irregularities are present in how the property was acquired. This might compel the owner to turn to the corridors of justice for legal redress.
In an interview with Lydia Kibunja, a conveyancing lawyer explained what the public should consider before making a decision.
Kenyans. co. ke looks at what you should have at the back of your mind when shopping for a conveyancing lawyer.
Type of conveyancing services
When scouting for a conveyancing lawyer, you should know the services offered. The services include sale and purchase of property, tenancy arrangement, perfection bank securities, and deeds of assignment.
“When it comes to deeds of assignment, this includes rental income and properties as gifts. Bank securities are documents that certify the compliance with mandatory information about property rights ” KIbunja elaborated.
Hidden costs
An individual should not be surprised when the lawyers give you the bill since there are costs that include legal fees, disbursement, and Value Added Tax(VAT)
“It is important to note the legal fees are per the Advocates Remuneration Order (ARO) which sets the minimum fees we are supposed to charge.
The disbursement comprises printing, binding, emails, postage, and calls. In some other cases, the valuation costs and registration costs will be included.”
Lawyer’s referral and recommendation
An individual seeking legal services should request a lawyer's referral and recommendation. It is up to the client to be diligent enough to follow up on the credibility of the referral and the persons recommending the lawyer.
Verify advocate's credibility
When seeking the services of a conveyancing lawyer, one should find out if the advocate is registered by the Law Society of Kenya. Know his or her admission number, confirm the working status and practice areas.
“Lawyers have different specialties, confirm the practice areas before hiring the lawyer. Some lawyers have their working status as inactive for personal reasons or career change,” she stated.
Right to complain
When a client is not satisfied with the services rendered they have the right to complain. There are specific procedures for such complaints if a casual discussion with your lawyers doesn't materialize.
“It is highly recommended to raise the issue through the Advocates Disciplinary Tribunal for serious complaints,” she elaborated.
Firm’s time in practice
The period the law firm has been in practice is important when choosing a good conveyancing lawyer. There is the aspect of market forces pushing some lawyers to offer their services cheaply but cheap does not guarantee quality service. Do your background check.
“The law firm’s robust practice over time will guarantee value for your money,” Kibunja remarked.
Financial channels
There are obvious red flags when it comes to the transfer of funds to the lawyer. It is recommended to utilize panel advocates from the bank's database.
