Legal Issues Arising in the Buying of Property [Part 3]

One day I received a visitor on my chambers who told me they wanted to sell a property. I was happy because this meant I was going to receive money(kaching).

Soon thereafter, I realised that I would not be receiving any fees. My visitor told me that the property did not belong to them buy the owner would be coming to my office in a short while. I was told the owner of the property was far away in the village. So I started enquiring about some preliminaries and discovered that the registered owner was of advanced years hence the delay.

I patiently waited for the owner. My visitor told me to start preparing the agreement and that the owner would be there soon. At this point, I knew not to work for free, so I told my visitor to let me wait for the owner to get instructions from the owner that they intended to sell.

After some time, my visitor disclosed to me that the owner could not understand a few things and needed help in their day to day activities, so it would be better if I prepared the agreement, I am paid for the agreement, and they take it to the owner to sign.

At this point, all my red flags had been raised, and I decided to conduct a few more enquiries. It was then I realised that the owner was not of sound mind.

This is an agreement that any court can not enforce as it is null and void ab initio, and I would be failing as an advocate in upholding the law if I agreed to prepare such an agreement where the owner could not give me instructions.

For family members who find themselves in such circumstances, you need to obtain authority from the court to dispose of the property of a person of unsound mind. Remember, every case is different, and the court considers the surrounding factors before giving you such authority.

Be further advised that we shall not be held liable in the event you rely on the information herein without a further in-depth consultation based on your unique circumstances as the same is a general guideline. Our team at Wachira Wanjiru & Company Advocates continue to be available for any consultations that you may require with regard to arising legal issues. Contact us on info@wachirawanjiru.co.ke or +254720790133 for your business needs.