Legal Issues Arising in the Buying of Property [Part 2]

In this series, we’ll continue to look at the capacity to enter into a contract. There is an exception to the rule when it comes to contracts with people whose names aren’t on the title documents. An individual who has been granted the ability to deal with the property of an individual who is the registered proprietor under a power of attorney.

It is necessary to register the power of attorney. This information can also be checked at the registry where the power of attorney was registered. A registered power of attorney will have a stamp and a registration number. It should also be clear which property is being dealt with in this document.

You can get into a sale agreement if someone has a power of attorney that allows them to dispose of property. Capacity also considers a party’s mental state. Is it possible to enter into a contract with someone who is not of sound mind?

Consider this as you wait for the next installment of the series [Part 3]

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.