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A Diaspora Guide to Investing in Property

Estimated read time: 2 minutes

Quick Summary

  • Golden Rule: Never send money without proper legal oversight.
  • Key Professional: Engage your own independent lawyer (conveyancer) in Zimbabwe.
  • Essential Step: Your lawyer must conduct a "Deeds Search" to verify the property's true owner.
  • Power of Attorney: Grant a trusted person Power of Attorney to sign documents on your behalf.
  • Red Flag: Any seller or agent who pressures you to send money quickly without legal checks.

Investing in property back home is a major goal for many in the diaspora, but it is also an area with significant risks. Following a careful, legally sound process is the only way to protect your investment.

Step 1: Engage an Independent Lawyer

Before you do anything else, hire your own registered conveyancer (a property lawyer) in Zimbabwe. Do not use the seller's lawyer. Your lawyer's job is to protect your interests.

Step 2: Due Diligence (The Most Important Step)

Once you have identified a property, instruct your lawyer to perform due diligence. This is a non-negotiable step.

  1. Deeds Search: Your lawyer will conduct a search at the Deeds Office to verify that the person selling the property is the true, registered owner and that the Title Deeds are legitimate.
  2. Verification of Documents: Your lawyer will check the seller's ID and all other paperwork to ensure everything is in order.
  3. Check for Caveats: The search will also reveal if there are any legal claims (caveats) or outstanding debts against the property.

Step 3: The Agreement of Sale and Payment

Only after your lawyer has confirmed that everything is legitimate should you proceed.

  • Agreement of Sale: Your lawyer will draft or review the Agreement of Sale. This is the legal contract for the purchase.
  • Power of Attorney: You will likely need to grant a trusted person in Zimbabwe (often your lawyer or a close relative) Power of Attorney. This gives them the legal authority to sign the Agreement of Sale and other transfer documents on your behalf.
  • Payment: Never pay the seller directly. All funds should be paid into your lawyer's trust account. The lawyer will only release the funds to the seller once the property has been successfully transferred into your name.

Common Scams to Avoid

  • Fake Title Deeds: Scammers create convincing fake Title Deeds for properties they do not own. Only a Deeds Search by a lawyer can detect this.
  • Selling the Same Stand Twice: A common scam where a developer sells the same residential stand to multiple different buyers in the diaspora.
  • Family Member Fraud: Sadly, it is common for relatives to misuse funds sent for a property purchase. Using a lawyer's trust account protects you from this.