Conveyancing
The initial stage is for us to get instructions from the client. This is mainly done by the senior partner and the professional assistants. We carry out due diligence on transactions and properties involved. This process includes physically going to the deeds registry office to verify on all the documentation relating to the immovable properties. We attend to the transfer of the property from the seller to the purchasers and ensure that there is compliance with the terms and conditions of the sale agreement. The purchasers are responsible for the payment of the costs relating to the transfer of the property such as conveyancing duty. We ensure that we help with the settlement and the title transfer process by ensuring that our clients meet all legal obligations and that our client’s rights are protected during transactions.
The lawyer drafts a bill statement to our clients which include all the legal fees to be paid statutory taxes and disbursements and serve on both parties. We also advice our clients to seek legal advice which is independent so that they can understand there agreements. The senior partner is responsible for keeping purchase prises in the trust accounts which shall be transmitted to the sellers once the property transfer has been registered. We draft all the relevant documents on behalf of our clients, this is done by conveyancers these include declarations and power of attorney. The seller and the purchaser will sign the documents in the presence of the conveyancer. We also assist in obtaining relevant documents i.e.
a) Rates clearance certificate
b) Levy clearance certificate
Our legal clerk attends to the relevant officers to ensure that we are issued with all the documentation. The legal practitioners issuer that our clients pay statutory taxes such as capital gains tax and stamp duty. If there are exemptions in terms of the Capital Gains Chapter 23.7 Tax we duly advise our clients by writing to them.
We ensure that our clients are issued from the Zimbabwe Revenue Authority (ZIMRA) a capital gains tax clearance certificate which certificate is part of the document the conveyance lodges with the deeds office. We also accompany our clients to the ZIMRA office for interviews.
Lodgment and registration
The firm then lodges the transfer documents in the Deeds registry and this is done by our conveyancing clerk and it requires physically going to the Deeds Registry office. If the property is being registered for a new bond an existing bond will be canceled the documents will be lodged at the Deeds office simultaneously with the new bond. The process of lodging collecting and registering title Deeds normally takes 5-7 days.