How to Avoid Fake Lawyers in Kenyan Land Deals

Potential investors need to approach lawyers with the same level of care they devote before partaking in real estate investments if they so wish to avert the danger of hiring unqualified persons posing as lawyers.

It's common to find court clerks, brokers and agents using rubber stamps of registered lawyers to validate documents which may be rendered void if discovered by land registrars. Property transactions can be intricate and necessitate the skills and proficiency of conveyancers (often referred to as property lawyers) in order to guide the process. Regions with flourishing real estate activity, such as Nairobi, Thika, Kajiado, Kisumu and Mombasa, are havens for fraudulent lawyers seeking to illegally capitalize on the high volume of transactions.

It has previously been reiterated that anyone thinking of purchasing real estate property should bear in mind the phrase ‘buyer beware’. The process of finding a certified advocate of the High Court of Kenya is a tricky task. When beginning the process, it is suggested to ensure a lawyer is registered as confirmed by possession of a valid practising certificate currently emanating from Kenya’s Law Society (LSK) before proceeding with any legal real estate transactions. Only lawyers who hold such a certificate may go forth and represent clients.

Many naive property buyers and sellers suffer significant losses by paying exorbitant legal fees to bogus lawyers or unqualified individuals. Property transactions by unlicensed lawyers or incompetent individuals are not only a dubious practice, but also illegal in nature!

In addition to the upfront legal fees, some buyers face the risk of being cheated out of their cash that is to be transferred to the seller's lawyer. This can result in severe financial loss. However, legitimate lawyers can be easily identified via the LSK official website. Progressing over and beyond, LSK has initiated a crackdown on individuals masquerading as Advocates of the High Court.