B
e cautious when dealing with property transactions, especially if you're asked to pay fees just to visit a site or pressured into making upfront payments before obligations are fulfilled. A recent scandal involving stolen title deeds highlights the prevalence of real estate scams in Kenya.
A real estate scam occurs when a property deal involves fraud, misrepresentation, or fake title documents obtained through corrupt means. These scams often involve impersonating genuine title owners, forging title documents, and tampering with survey marks. Scammers may also meddle in deceased persons' estates, list properties fraudulently, or sell public land illegally.
The Land Registration Act of 2012 aims to streamline land titles registration, ensuring alignment with devolved government principles. Buyers must deal with registered land and verify the history of a property by "going to the root of the title." All land documents should be prepared or authenticated by licensed professionals.
Red flags in property transactions include unrealistically low prices, pressure to close quickly without due diligence, excessive site visit fees, and contracts lacking clear completion dates. Be wary of demands for upfront or full payments before obligations are fulfilled.
The rise of online transactions has made property searches more convenient but also opened opportunities for fraudsters. Cybersecurity threats include fake property listings, phishing emails, and bait-and-switch tactics. Scammers may pose as legitimate estate agents on social media platforms.
To verify the legitimacy of a property deal, check the seller's credentials through trusted sources like the Law Society of Kenya or Estate Agents Registration Board. Review critical documents such as title deeds, official searches, green cards, registered transfers, and land registry receipts to ensure the property is legitimate.
Engage relevant professionals, such as advocates, architects, surveyors, or real estate agents, depending on the nature of the deal. Request their licenses and conduct independent checks with regulatory bodies like the Law Society of Kenya or Estate Agents Registration Board. Reputation matters; ask for references or reviews from previous clients.
Technology is being used to combat real estate scams through online platforms like Ardhisasa and eCitizen, which provide real-time data on land ownership and help reduce the risk of dealing with forged documents. Secure payment options like digital escrow services hold payments in a third-party account until sale conditions are met, protecting both buyers and sellers.
Stay cautious when dealing with property transactions; never share system passwords, enable two-factor authentication (2FA) for your eCitizen or Ardhisasa accounts, and avoid transactions on shared devices. First-time property buyers should conduct extensive due diligence and trust the guidance of professionals to protect themselves from being defrauded.
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