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English Swahili. Successfully defended an international conservation organization in a class action over the ownership of land that is part of a sensitive migratory wildlife corridor. Representing a claimant in a claim for a sum of Euros 30 million plus damages against a state corporation arising from illegal and wrongful termination of an EPC contract. Representing a contractor in a dispute arising from the termination of an EPC contract for the construction of a km power transmission line on account of alleged breach of the terms of the contract.
Defending a claim for Euros Successfully represented a claimant in a dispute relating to breach of a joint venture agreement for importation of goods worth more than Ksh 2 billion. Defending an international African Health Development and Research Non-Profit Organization with its head office in Nairobi Kenya in a labour and employment dispute instituted by its former Corporate Finance Manager seeking reinstatement and monetary compensation for alleged unfair termination of her employment.
Successfully defended a bank and its Managing Director in a dispute arising from a cross border acquisition transaction and exercise of pre-emption rights of minority shareholders. Successfully defended a public listed company in a labour and employment dispute instituted by a former Managing Director challenging his dismissal from employment on account of fraud and breach of fiduciary duty by directors of the company in a property buying scheme.
Depending on the amount of equity you have in your real estate business, you can easily buy property with zero or no money down. Seller financing, also called owner financing , is a nontraditional form of financing in which the seller or owner of a property holds financing for the buyer. The seller or owner of the property acts as the lender for the buyer instead of them going to a bank to get traditional financing. The buyer repays the loan over time according to the repayment terms outlined in a formal agreement, like a note and mortgage.
Some sellers will know exactly what terms they will accept or hold for the financing, such as a specific interest rate, down payment, or loan period, while others are open to negotiation. If you are a strong negotiator and are able to determine the seller's needs, it is possible to negotiate financing with no money down or have the seller carry a second mortgage, while getting a first mortgage from a bank. Usually, this only works when the need to sell or reach the desired sales price exceeds the owner's desire for a down payment.
Another option for buying an investment property using little money down is by assuming the seller's current mortgage, also called buying "subject to. This option generally requires a small down payment. But, depending on the seller's needs, it may be possible to assume a loan for no money down.
The investor avoids having to find alternative financing from another lending source and gets to benefit from paying down a loan further in the appreciation schedule. Buying subject to is a super creative way to buy distressed properties , but it isn't always an option. Depending on the lender, the loan may not be assumable.
Some lenders include a "due on sale" clause, which means the entire loan balance is due if the property is transferred or sold. While rare, some lenders will allow this. Hard money loans are an alternative financing option commonly used to finance properties that won't be approved for traditional financing, like a fix and flip.
Investors can secure financing for a property up to a certain percentage of the property's current or future value after repair value and will include the cost to renovate or repair the property into the loan. This means if you negotiate a great deal with a super low purchase price, and you are within the hard money lender's loan-to-value requirements, you could possibly purchase the property with no money or very little money down.
So this method of buying a rental property with no money down is typically best if you have good credit and plan to do a cash-out refinance after the property is repaired and rented. One of the most common methods of investing in real estate with no money down is to buy an investment property using other people's money OPM.
You can find a private lender or funding partner willing to partner on the investment, giving you the funds needed to purchase the property. This could be the down payment alone or the entire purchase price in cash in exchange for a return on their investment.
Partners could be family members, friends, or colleagues, and there are a variety of ways to structure their return, like:. Most successful real estate investors will use a variety of the methods above to structure an offer to a prospective seller. It's likely you'll experience a lot of noes in response, but it's also not a rarity to buy a property with very little to no money down. During my first few years of real estate investing, I purchased all of my investment properties with no money down.
In some deals, it will make sense to put more money down in exchange for a lower monthly payment and often a better interest rate. Analyze each investment opportunity to see if these creative strategies make sense for the purchase of the real estate property you're looking at. Buying rental property with no money down is not the easiest method of buying real estate, but it can be worth it -- and it is possible.
Simply click here to learn more and access your complimentary copy. Liz Brumer-Smith is a real estate investor and Millionacres contributor. Advertiser Disclosure We do receive compensation from some affiliate partners whose offers appear here. Millionacres-logo Created with Sketch. What does it mean to buy real estate with no money down? That's why savvy real estate investors use a number of the following methods to reduce how much they bring to the transaction: Make your primary residence a rental.
Leverage other property.
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Call on for site visit or appointment booking. Jump to. Sections of this page. Accessibility help. Email or phone Password Forgotten account? Sign Up. The location is great and we have the best price for this estate. Call for more inquiries. Muthui Nyumbani properties. It's Christmas season and we have a Christmas offer for our plots within a gated community.
Make plans to come view this weekend. Location Kikuyu Kamangu. Contact for site visiting. Plots for sale within a gated community in Kikuyu.. The estate is next to Kamangu Gardens It's Only m from the Tarmac The plots are fully serviced water and electricity already at the site. The estate has only 23 plots. The estate is close to all social amenities.
We have an offer going for 1. Happy Mashujaa Day There after will be sold at 1. Owning a home should not be that Difficult With just the right Partners and the right payment plan of upto 12 months you can own a 3 bedroom bungalow with enough space left for your green area and parking at just 4. He submitted that the plaintiff's rightful remedy is reinstatement as registered proprietor and that the 2nd defendant can pursue the Government for compensation.
He also asked for eviction and mesne profits for the duration that the 2nd defendant has occupied and derived benefits from the land. He asked for mesne profits at Kshs. He submitted that as an alternative, the plaintiff be indemnified in the sum of Kshs.
Musangi for the 2nd defendant, submitted that the 2nd defendant is a bona fide purchaser for value. He submitted that prior to the purchase, due diligence was undertaken and the same showed no encumbrance on the subject titles. He submitted that the title of the 2nd defendant is protected by Section 26 of the Land Registration Act.
He submitted that cancellation of the title of the 2nd defendant would be a draconian measure since the plaintiff's loss is purely pecuniary and can be compensated. He further submitted that such action will have a negative impact on local and foreign investment in land in the country; that it will lead to significant loss of employment of about employees; that the same will lead to shut down of the operations of the 2nd defendant leading to loss of tax revenues, and that there will be significant damage to investor confidence.
He submitted that the plaintiff ought to be compensated by the Government, as the custodian of land records, is the Lands Ministry which ought to take responsibility. Khatambi for the State, submitted that the Land Registrar was not party to any fraud and that no officer from the Lands office was convicted of any criminal offence.
She further submitted that the 2 nd defendant did not conduct due diligence, and that due diligence, ought not to stop with the conducting of a search. She submitted that due diligence in the instance would have involved carrying a background check on the seller; perusing the Green Cards; enquiring from neighbours, and establishing the history of the land.
She submitted that the land was transferred to the 2 nd defendant by way of fraud and the only viable remedy is to reinstate the plaintiff as registered owner. She submitted that the plaintiff does not deserve to be indemnified by the Government. It is with the above pleadings, evidence and submissions that I need to decide this matter. I do not think it is in doubt that the 2nd defendant fell into a trap laid by fraudsters.
Probably seeing that the subject properties were vacant, the fraudsters found out who the registered owner of the property was, and feigned his death. They then got hold of an old woman, and passed her off as the widow of the "deceased" owner.
They prepared a fake ID card for her, and christened her Margaret Nyambura, and themselves as her sons. They then forged letters of administration purporting to be for the estate of the "late" plaintiff and armed with the same, somehow convinced or colluded, with certain officers in the Lands office to have the suit properties transferred to the fictitious Margaret Nyambura, purporting to be a transfer by way of transmission.
Once the properties were transferred to Margaret Nyambura, anyone was fair game, and the 2nd defendant was a prime target. It operated a farm next door, and the rogues knew, that with the right price, it would not be too hard to convince the 2nd defendant to purchase the suit properties. The instinct of the scoundrels was correct. The 2nd defendant could not resist the properties and proceeded to purchase the same. A search conducted at the lands registry by the 2nd defendant inevitably revealed that the suit properties were owned by the fictitious Margaret Nyambura, and the said Margaret Nyambura was armed with an ID, to prove that she was indeed the owner of the suit properties.
I cannot really blame the 2nd defendant for being snared by the elaborate scheme that was spun by the rascals. Although counsels for the plaintiff and the 1st defendant were of the view that a bit more due diligence would have revealed the scam, I am not ready to place too heavy a burden on any purchaser of land.
The seller had title documents, the search revealed that the seller owned the land, the land was vacant and available, and the seller had an ID card to boot. What more was the 2nd defendant supposed to do? We can hypothesize on hindsight, say that the buyer ought to have talked to the Chief, inquired from the neighbours, even gone to the registrar of births and deaths, or queried whether the letters of administration tabled were genuine; but at that moment, I do not think any prudent buyer would have had reason to doubt that he was dealing with the true owner of the land.
That said, the 2nd defendant was not completely without blemish. At the most basic level, no sale agreements were drawn in respect of 15 of the land parcels. I would have certainly expected their counsel, Mr Watson, with respect, who was in charge of the transaction, to at least advise the 2nd defendant to draw and execute sale agreements for these parcels of land.
I would also have expected the documents at the Land Control Board to tally with the purchase price. But I do not think the slips of the 2nd defendant would make him a party to the fraud as alleged by counsel for the plaintiff. True, they were mistakes, but they could not have in any way, assisted the 2nd defendant in avoiding the scam.
The scam could not have been pulled off without significant involvement of an officer, or officers, of the Lands Registry. It was admitted by PW-2, that a duplicate original title deed cannot be issued without the first one being surrendered, or being gazetted as lost. This was not done, and this omission allowed the fraudsters to obtain a duplicate title which they passed off as a good title for sale.
I do not need to stress the point that the title of the 2nd defendant was received pursuant to certain fraudulent transactions. The 2nd defendant may have been a bona fide purchaser for value, but it cannot be avoided that the titles are not good titles.
The plaintiff, thank God, is alive and he is entitled to have back his titles. The titles held by the 2nd defendant fall squarely within the ambit of Section 26 1 b above. The 2nd defendant may not have been party to the fraud, or misrepresentation, that led to issuance of titles to itself, but it cannot be escaped, that the titles were acquired illegally, unprocedurally, or through a corrupt scheme.
They cannot be allowed to stand and the only remedy is to have them cancelled. I am not swayed by the arguments of Mr. Musangi, that cancellation will be a drastic remedy, considering the value of the investment put in the land or the benefits of the investment to the economy. One cannot be allowed to benefit from a fraud, even if he is not a party to it. Neither I am convinced by the reasoning of the 2nd defendant that the remedy of the plaintiff is an indemnity from the Government.
True, indemnity was sought, but this was only as an alternative, in case the plaintiff failed in his quest to have back the properties. In fact, it is the 2nd defendant who should probably consider claiming indemnity from the Government. But I am unable to consider such claim, in this present suit, as it was not pleaded, and the 2nd defendant did not utilize the provisions of Order 1 Rule 24, to make a claim for contribution or indemnity against the Government as co-defendant.
Whether they wish to pursue this avenue is up to them, but I am not in doubt that the most prudent remedy in the circumstances, is to take the plaintiff back to the position that ensued before the fraud was committed, and this means that the plaintiff must be reinstated in the register of the suit properties, as the proprietor of the land parcels in question.
I therefore order the cancellation of all entries in the register of the suit properties which purported to have the title of the plaintiff compromised and direct the Land Registrar to reflect in the register that the plaintiff is the proprietor of the suit properties. The plaintiff has made several other claims including an order of eviction and permanent injunction.
These I have no problem granting, but I take note that the 2nd defendant has been in occupation of the suit properties for a significant period of time, in good faith, and I think that it is only fair that I allow the 2nd defendant some time to move out of the property.
As I said earlier, I have a lot of sympathy for him and in my own discretion, I give the 2nd defendant upto 31st December to vacate the property, but any continued occupation from the date hereof, will be subject to payment of reasonable rent for the duration that she will continue being in possession. If she does not pay reasonable rent, or move out within this period, then the plaintiff will be at liberty to apply for her eviction.
Moreover, the 2nd defendant must restore the land to the situation that it was, prior to them moving into the same or to such state as is acceptable to the plaintiff. Upon vacating the premises, the 2nd defendant is permanently restrained from being in the suit properties unless with the permission of the plaintiff.
But this is not all that the plaintiff wants in this case. He has also claimed mesne profits and general damages for trespass. It has been argued that the plaintiff is entitled to the loss of user of the land for the duration that the 2nd defendant has been in occupation.
Kisila has relied on the case of Albert Gilbert Muteshi vs Hon. I have carefully read the decision and nowhere was mesne profits awarded. The facts of the case, are not too dissimilar to this one. Through fraud, the plaintiff in that case was deregistered as owner of the suit land and the property transferred to the 1st defendant. The plaintiff sued to have the property back and also claimed mesne profits.
The learned judge Ougo J held that the plaintiff was entitled to have back the property, but on the claim for mesne profits, she held that the same had not been proved See page 27 of the decision. However, an award of Kshs. Should I award mesne profits in this case?
The plaintiff testified that he was not using the suit properties. They were vacant and he was not deriving any income from them. Strictly, he did not lose anything by the user of the land by the 2nd defendant for the duration that he was unaware of the existence of the 2nd defendant on the land. It is pleaded in the plaint that a demand letter was issued on 15 April , but I have no record of the demand letter having been produced in evidence.
The 2nd defendant cannot argue that from this later time, it still believed that it held good title to the land. I think a reasonable person in the shoes of the 2nd defendant, ought to have considered negotiating with the plaintiff for the land, either for purchase or lease, or move out altogether, for it was clear, latest from the time of conviction, that the properties had been sold to her by way of fraud. At that time, the 2nd defendant knew that the plaintiff was alive; it knew that the land had been sold by way of fraud; it knew that the plaintiff had demanded back his land; why would they insist on staying on the land despite this knowledge?
Was it to derive full benefit as this suit dragged on? Or was it to deny the plaintiff revenue or occupation of the land for as long as possible? If these were the intentions of the 2nd defendant, then they cannot get away with it. Even if these were not the intentions of the 2nd defendant, it is beyond me why the 2nd defendant continued to insist on using the property despite having knowledge that they were holding illegal titles.
Given this scenario, I would be inclined to award mesne profits from the time he the plaintiff demanded the 2nd defendant to vacate the premises, but having no proof of when such demand was made, in my discretion, I will award mesne profits from the time this suit was filed, till the time that the 2nd defendant will vacate the premises. What would be the amount of the mesne profits? In my opinion, I think an award of money, equivalent to the amount that would have been paid as rent, for the use of the suit properties, for the same activities that are ongoing in the said properties, will be fair as mesne profits.
The said provision is worded as follows It will be seen from the above, that the court when passing decree, has discretion to direct an inquiry into the rent or mesne profits accrued. In my discretion, I will award mesne profits, equivalent to the reasonable rent payable, from the time the suit was filed, till delivery of possession, which as I ordered earlier, has to be done on or before the 31st December , subject to payment of the reasonable rent.
I think I have dealt with all issues save for costs. Costs are in the discretion of the court but ordinarily follow the event. In as much as the 2nd defendant was a victim of fraud, I do not see why she thought fit to drag the plaintiff through this litigation.
The 1st defendant was also at fault for the issuance of the duplicate titles. In my view, liability on costs falls jointly and severally upon the 1st and 2nd defendants. They will shoulder the costs save for any costs incurred for service of process upon the fictitious 3rd defendant. I have dealt with all issues herein and now make the following final orders I declare the plaintiff to be the legitimate owner of the following land parcels.
I hereby order the 2nd defendant to forthwith surrender the original title deeds to the above parcels of land to the Land Registrar, in charge of the Naivasha Land Registry for cancellation. This to be done no later than 30 days from today. I hereby order the Land Registrar, in charge of the Naivasha Land Registry, to proceed and cancel all entries in the register that purported to transfer the land to the 3rd defendant and later to the 2nd defendant and ensure that the register reflects that the plaintiff is the proprietor of the parcels of land noted in order 1 above.
I hereby award the plaintiff mesne profits , equivalent to the reasonable rent payable, from the time the suit was filed, till delivery of possession, which delivery must be done no later than 31st December , subject to payment of the reasonable rent. I hereby order the Government Valuer, Nakuru County, to proceed and make an assessment of what would be paid as reasonable rent and table his findings within 30 days of this date, so that I can make specific, the amount due and payable as mesne profits.
The plaintiff is liberty to apply for an order of eviction if the 2nd defendant continues to be in possession from the date of this judgment but does not pay reasonable rent and in any event has the right to apply for eviction if the 2nd defendant continues being in possession beyond the 31st December unless with the permission of the plaintiff. Before vacating the premises, the 2nd defendant must at its own cost restore the premises to the situation that it was, prior to her entry, or have the premises placed in any other state that is satisfactory to the plaintiff.
Upon vacating the premises, there is hereby issued a permanent injunction restraining the 2nd defendant from being upon, or in any way, utilizing or dealing with the suit properties. Dated, signed and delivered in open court at Nakuru this 12th day of May Except for some material which is expressly stated to be under a specified Creative Commons license, the contents of this website are in the public domain and free from any copyright restrictions.
Blog Forum. Case Search. Help Advanced search Help. Advanced Search mode is suitable for finding a particular case when you have details that describe the case at hand e. To find a case according to its meta data names of parties, case number, and date of delivery, case year etc one need not fill in all the fields. You may use any one or more search criteria; search using whatever information you have..
ELC 85 of Please Wait. Disclaimer: The information contained in the above segment is not part of the judicial opinion delivered by the Court.
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|Immobilien investment training courses||Muthui investment property said, the 2nd defendant was not completely without blemish. They cannot be allowed to stand and the only remedy is to have them cancelled. He submitted that Section of the Registered Land Act gives court authority to order rectification of the register by making an order of cancellation. They took occupation and developed a now fully fledged flower farm after investing over kshs. Rental owners need to be familiar with the landlord-tenant laws in their state and locale.|
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|Muthui investment property||Is it better to buy with cash or to finance your investment property? Risks Although rental income is passivemuthui investment property can be a pain to deal with unless you use a property management company. He testified that in the yearhe discovered from the Registrar of Persons, that the ID Card of the seller, Margaret, was a fake ID and did not correspond to any in their records. He testified that Szaredo Ltd and Wildfire Ltd are sister companies. He also asked for eviction and mesne profits for the duration that the 2nd defendant has occupied and derived benefits from the land. Mortgage lending discrimination is illegal.|
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|P2p global investments prospectus for research||In addition, a neighborhood with low crime rates, access to public transportation, and a growing job market may mean a forex consultant job gauteng pool of potential renters. He further submitted that such muthui investment property will have a negative impact on local and foreign investment in land in the country; that it will lead to significant loss of employment of about employees; that the same will lead to shut down of the operations of the 2nd defendant leading to loss of tax revenues, and that there will be significant damage to investor confidence. Blog Forum. Probably seeing that the subject properties were vacant, the fraudsters found out who the registered owner of the property was, and feigned his death. Nyumbani Shamba.|
This is where return on investment comes in. Possibly the most important metric to look at when assessing your real estate portfolio, real estate ROI helps real estate investors understand if they've made sound investing decisions. Let's take a deeper look. You hope to make money on it and get a return on that investment whether that be in the short or longer-term.
Return on Investment ROI is the measure of how much money you make over the life of holding your property. How you realize your real estate ROI can vary based on the type of investment property you buy. In some cases, you will have multiple streams of revenue that contribute to your ROI. To figure out your ROI you need to know how much you have spent in the first place. This includes:. Calculating ROI is complex because of several factors you could use to evaluate your real estate investment.
Basically, your ROI in real estate comes from two sources:. Your goal should always be to hold property or REIT shares for at least five years. This gives you a better chance of realizing returns from both income and appreciation. You hold the property for 10 years. This is before real estate taxes , which are at ordinary income rates on rental income and long-term capital gains rates on the appreciation.
The definition of a good return on real estate varies by your risk tolerance. In other words, you can take out a mortgage and increase your cash-on-cash return , leaving open the possibility of using your other funds to purchase more properties. The cap rate is calculated by dividing net operating income by the sale price, purchase price, or current market value of the property.
The average cap rate for an apartment building in a neighborhood may be different than it is for an industrial or retail property. Each asset class may have a different standard for the area. REITs let investors diversify their investment portfolios without running and managing a property themselves.
This raises the return over time -- even into the double digits. REIT returns are more volatile than tangible real estate -- they go up and down over short periods -- because they're publicly traded. The best method for investing is to choose a strategy for achieving your long-term goals and stick with it through thick and thin.
Your returns in real estate will be determined by prudent buying, selling, and management decisions. Defending an international African Health Development and Research Non-Profit Organization with its head office in Nairobi Kenya in a labour and employment dispute instituted by its former Corporate Finance Manager seeking reinstatement and monetary compensation for alleged unfair termination of her employment. Successfully defended a bank and its Managing Director in a dispute arising from a cross border acquisition transaction and exercise of pre-emption rights of minority shareholders.
Successfully defended a public listed company in a labour and employment dispute instituted by a former Managing Director challenging his dismissal from employment on account of fraud and breach of fiduciary duty by directors of the company in a property buying scheme. Advising and representing clients in various land and property disputes including claims for adverse possession, illegal allocation and fraud. Advising and representing clients in various legal actions arising from labour and employment disputes.
Advising and representing clients in legal actions for protection of trademarks by counterfeiting entities including actions for infringement. Recognized for his deft handling of land and property cases. A good litigator who really responds quickly and very on top of things and always on time. Up and Coming.
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