ROLE OF THE VENDORS ADVOCATE IN PROPRIETARY TRANSACTIONS

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 ROLE OF THE VENDORS/SELLER ADVOCATE IN PROPRIETARY TRANSACTIONS 


These are legal representatives whose main function is to act in liaison between the property seller and the selling agent; his duties include that.



  • Prepares agreements and also titles agreements. After the agreement of sale between the parties, the consent document is taken to the advocate so as he may authenticate by putting a signature and a stamp on the agreement. The transfer is usually prepared by the purchaser's advocate and approved by the vendor's advocate. The agreement for purchase should be signed by both parties wholly. Additionally, personal documents of identification are mandatory for this conveyance to be completed.  
By preparing title agreements, this means that the advocate must approve the transfer; this is done when the vendor sighs the sale agreement, after which his advocate verifies the documents accompanied by the deposit cheque of evidence of payment. In the case of
Kenya Reinsurance Company v. Muguku Muriu, the failure of an advocate to honour his undertaking means the client has no obligation to reimburse him with the funds.
  • Procures execution for the transfer of conveyance. As soon as the vendor has executed, the vendor's advocate must take the documents for stamp duty at the Lands office. This is because in private documentation, the evidential mark even in the court of law is the stamp duty in the event of a dispute.
  • Attests the execution of the transfer of the conveyance. Herein, he acts as a third party to witness the conveyance; in the event of a case dispute, he may act as a legal representative. Nelson Andanyi Havit and Company v Jane Mutoni Njage and Company
  • Receives an account for proceeds of the sale from his client. In this case, the money deposited should be held in stakeholders  terms pending the completion of the sale agreement. The advocate of the vendor herein acts as the trustee who holds the funds in favour of the vendor; these funds are not subjected to release unless their agreements state otherwise.

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