The plot is going cheap and the seller says others are bidding. Pressure is precisely the moment to slow down: most diaspora land losses were preventable with basic checks done in the right order.
What checks should a diaspora buyer make before paying anything?
- An official search at the lands registry to confirm the registered owner and any charges or cautions on the title.
- Identity verification: match the seller’s identity documents to the name on the title.
- Where the seller is a company, a search at the Business Registration Service to confirm its directors and who can bind it.
- An independent surveyor to fix the boundaries on the ground against the deed plan.
- Local enquiries about who actually occupies or claims the land.
Due diligence is a sequence, not a single step: search first, verify identity second, inspect third, and only then pay a deposit. Reversing that order is how deposits are lost to people who never owned the land. Official searches can be initiated through eCitizen.
Which red flags should stop a transaction immediately?
A copy of a title deed offered without an accompanying search; sellers who insist on cash or payment into personal accounts; caretakers who cannot produce the owner; prices far below the area’s range without explanation; and pressure to sign before a search can be done. A photocopy title, or a deed the search shows belongs to someone else, is not the start of a negotiation , it is the end of one.
How does professional due diligence work?
An advocate runs the searches, reviews the documents, drafts a sale agreement with protective conditions and holds completion funds in a client account so money moves only when conditions are met. Our real estate and conveyancing team conducts due diligence for diaspora buyers end to end. Buyers who nonetheless end up in disagreement , over boundaries, deposits or a double sale , often resolve matters through structured negotiation or mediation before considering court proceedings; see our arbitration and ADR practice.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.