One feature that characterizes Zambian motorways is potholes. Driving a low base automobile like a Cooper, Corvette, Lamborghini, or Cadillac Eldorado on a Zambian road, never mind the exceptional engineering that went into those distinguishable names, would feel like taking a ride on an ox-drawn cart mukashila ka tondo. That may be why those who drive prestigious toys such as these confine themselves to inner city roads. And on occasion, like proud owners of any version of Ford Model-T, they would take a cruise on airport road. Former Minister Peter Magande once described this Zambia's premier highway, the stretch between international airport and town center, as evidence of development in Zambia. Can you believe that?!
Something does happen between a campaign stump and when one is sworn to ministerial office. They put on a dunce and join the irrational thinkers' club.
But that is not what I am belly-aching about. It is nothing new considering that in post-independence Zambia, very few ministers have honestly earned their wages and perks. Most of them have been as worthless to the Zambian people as most potholed roads are. In fact some of them nauseating. If you don't believe me try this on for size. Approach one of them and ask them this question: "Minister Chiteni, pardon me please. I was wondering, er, say15 years from now, er, what evidence would there be that you were minister of this ya portfolio?" Now stand back and watch as empty-ness begins to unfold.
What I want to cast light on today are amaswau-studded potholes that belie the real estate transaction in Zambia. In our recorded past, Chiti, imfumu ya baBemba, sent imondo to his brother Nkole. Apo ninshi Chiti ba limusangule ntonko. Consider this to be imondo from me to you.
I am peeved by these leeches who call themselves lawyers and think that drawing a contract of sale which in effect only constitutes an offer and an acceptance, should pull in to them a couple of hundred Benjamins. What is even more petrifying is the incessant demand for money by these perverted low grade lawyers masquerading as real estate professional for doing absolutely nothing but waste your time and money.
Umo shacela you would be the one to chase after them, in person, na pa lamya. These mailo-mailo people don't take their jobs seriously. They want to enjoy the title but they fail to live up to its expectations. You want to yank those stupid wigs off their potato heads and ....
Any way....you probably have heard calls from tutali na vifupi, to yina na voyonda to go back home and buy some land. You would be wise to heed the calls. Whatever reason they give you, I am here to tell you they are all real. However, when time comes to fork out the cash, proceed with caution. Remember, thieves will be navigating the purchasing terrain for you. You are likely to hit potholes if you let them do all the leading while iwe uli cete. Take to your heels especially when you run into somebody who upon meeting you begin by lacing their shtick with born again mantra. Iwe ati pamene apa napeza anthu a mulungu. Uza vina gule wa m'kulu, uza mbuwa! Whoever declared Zambia a Christian nation forgot to remind Zambians that the declaration was not be used as an ofoloshi to mask one's criminal mindedness.
So oo, I have prepared a quick cheatsheet for your reference. If the ownership transfer process does not fit this profile, know that your lawyer has thrown you under the bus or is about to:
[Real property is generally defined as land and the things permanently attached to the land. Things that are permanently attached to the land, also can be referred to as improvements, include homes, garages, and buildings. Substances that are beneath the land (such as gas, oil, minerals) are also considered permanently attached. I wish! Other items which can be attached to the land, such as sunka mulamu and tool sheds, are not considered to be real property.]
1.It starts when a seller accepts a contract you've put in on their home or land.
You might put down a deposit check to prove you’re serious about the offer. At that point, your settlement agent (often a lawyer, and also sometimes referred to as closing agent, escrow officer or escrow agent), gets the ball rolling, deposits any funds you’ve submitted into a special trust (escrow) account and puts in requests for title work, or an examination of the home's ownership history.
Don't leave this part to your lawyer. If this is not done properly, it is time to hire another lawyer. If the one you fire asks for some form of payment, ask him for a contract and refer to the terms of that contract, in which you should have had the foresight to included that he or she will be paid upon delivery of a clean deed of title to you in your name; specifically on the closing day. Neglect this step at your own peril.
2.Lawyer begins reviewing the title.
Each property has a series of documents recorded at the Ministry of Lands or Civic Center (whichever is applicable) that reflect prior owners, lenders and other parties who have or had an interest in the home you’re buying. These documents are examined to identify all outstanding interests (liens). Then, that paperwork is forwarded to you. You want to be certain you are buying that property from a legitimate owner. You want to review the documents and jot down questions about anything you don't understand. You, must understand! Once again, you neglect this step at your own loss.
This is what you pay the lawyer for, not to draw the contract of sale, ati kwamana ndipe mali. Huh?! The contract of sale is nothing but an offer/acceptance document. In any case you want this step completed in one week. Should there be encumbrances, walk the paperwork yourself if you have to. If your lawyer speaks like he has a speck of sand in his eye, drop him. Get another one!
3.Mortgage issues are addressed.
Your lawyer works with your lender to verify kwacha figures and other important details of the transaction. In addition, if prior mortgages have to be paid, or if a loan is being assumed, that’s worked out by your lawyer as well. But if I were you, I would want to examine the documents raise every minute inch of the way.
This only applies when you are borrowing to purchase your property. Please note that Zambian banks don't give low interest mortgages. That is why most people would rather save and build/purchase. Again, this is what you hire a lawyer to do for you. If this section does not apply to you, lawyer fees should be considerably less (if you are lucky!)
4.The property is inspected.
In Zambia there are no professional inspectors. Even if they were there, you would be hard squeezed to find one that would be willing to earn their money. This is one are your eye would be more dependable than that of pseudo professional. This applies to land surveyors. After mid January 2011, I will provide names of surveyors that would do a great job for your time and money.
Most properties, especially settled subdivisions, in Zambia have annexes. Dishonest lawyers would not tell you the property next door is yours as well. Instead they will fraudulently get it for themselves and sell it off. You want to witness the survey yourself. Go to the site and walk the land. You will be glad you did.
And one other thing, surveyed or not, make sure you have your own survey conducted. Most Zambians have a tendency to build a few yards into other people's property, if not on the property, and claim ownership. You want to make sure you are getting your whole property. Avoid the pothole.
5.The closing statement is prepared.
Your lawyer prepares this document which shows all costs that will be paid at your closing. Besides the lawyer fees, trust me, it will be a lawyer of a kind, that will ask for money after closing. If you find one, let me know. But anyway, ask let them show you the paid ZRA fees receipt and the registration fee. Your obligation should be the registration fee only as should be noted out in the contract of sale. Check with your lawyer to confirm the amount you need to bring to the closing.
Insist on having a closing date when all due diligence will have been conducted and ownership will exchange hands in one room with both principals in attendance. You have to understand, you don't own the property until a deed of title is legally processed and has your name on it. Contents of this statement and the contract of sale should jive, otherwise you would be short changed. Cutting corners here would mean loss of Benjamins. Avoid the pothole.
6.You close on your property.
If you did not deposit the funds in the escrow account, smart move, provide the amount that your is included in the closing statement you’ll need to complete the closing. During the closing, you (and whoever else is buying the property with you) will sign the application forms for deed of title, which will be explained to you by the lawyer. After your closing process is complete, your lawyer should then file for your deed of title. So, you are not done with your lawyer until you have a clean deed of title delivered to you in your name.
At that point, my dear friend, the property is yours.
Remember at all times that you are the only one who is going to part with cash. All eyes are on you. Even the property sales tax that would be a contractual obligation of the seller to ZRA will ultimately come from your pocket. The more careful you are with the steps the less chances you will have of losing out. Wileka ba kusangule ntonko!
Unless the property has heavy encumbrances, the whole transaction should take no more than 6 months. I have factored in, court proceedings to cure unspecified power of attorneys, if and where applicable.
Avoid the proverbial potholes!
[Mwata Chisha is a member of the National Association of Realtors]
