How to Safely Buy a Residential Stand in Zimbabwe
Estimated read time: 3 minutes
Quick Summary
- Most Important Step: Due diligence. Verify the seller and the property's legal status.
- Key Document: The Title Deed. This is the ultimate proof of ownership.
- Where to Verify: The Deeds Office and the Surveyor-General's office.
- Legal Help: Always use a registered conveyancer (a property lawyer) to handle the transfer.
- Red Flags: Pressure to pay cash quickly, no title deeds ("cession"), multiple agents for one property.
Buying a residential stand ("stand") is a major investment. Unfortunately, the market has many scams. Following a careful, step-by-step process is essential to protect yourself.
Step 1: Due Diligence (Before Paying Anything)
This is the most critical phase. Do not skip any of these checks.
- Identify the Seller: Are you dealing with the direct owner, a property developer, or the local council? Get their full details.
- Request the Title Deed: Ask the seller for a copy of the stand's Title Deed. This document contains the owner's name, the stand number, and its physical size.
- Verify at the Deeds Office: Take the Title Deed information (or the seller's name and stand number) to the Deeds Office. Pay a small fee to conduct a search. This search will confirm:
- Who the legitimate registered owner is.
- If there are any mortgages (bonds) or legal claims (caveats) against the property.
- Verify at the Surveyor-General's Office: This office can confirm the exact physical dimensions and location of the stand on official maps, ensuring it actually exists as described.
- Check with the Local Council: Visit the local authority (e.g., City of Harare) to check for any unpaid rates or taxes. Also, confirm that the land is zoned for residential use.
Step 2: The Agreement of Sale
Once you are satisfied that the seller and the stand are legitimate, you can proceed.
- Hire a Conveyancer: Engage your own registered conveyancer. Do not use the seller's lawyer. The conveyancer's job is to protect your interests.
- Draft the Agreement: The conveyancer will draft a legally binding Agreement of Sale. This document outlines the purchase price, payment terms, and all conditions of the sale.
- Sign the Agreement: Sign the agreement only when you fully understand and agree to all terms.
Step 3: Payment and Transfer
- Payment: Pay the purchase price to the conveyancer, who will hold it in a trust account. Do not pay the seller directly.
- Transfer Documents: The conveyancer will prepare all necessary documents for the transfer of ownership.
- ZIMRA Clearance: The conveyancer will obtain a Capital Gains Tax clearance certificate from ZIMRA on behalf of the seller. The sale cannot proceed without this.
- Lodge with Deeds Office: The conveyancer will lodge all documents with the Deeds Office.
- New Title Deed: After a few weeks, the Deeds Office will issue a new Title Deed in your name. You are now the legal owner of the stand.
Common Pitfalls to Avoid
- Buying a Stand on "Cession": This means the property does not have Title Deeds yet, and you are buying the "rights" from someone on a council waiting list. This is extremely risky and is where most scams happen. Insist on a property with Title Deeds.
- High-Pressure Sales: Scammers often create false urgency, pressuring you to pay a cash deposit immediately before you can do checks. Never pay before completing your due diligence.
- Not Using a Conveyancer: Trying to do the transfer yourself or using an unregistered agent is a recipe for disaster. The conveyancer's fee is a small price to pay for legal protection.