LEGAL GUIDANCE
Property lawyer, agent or surveyor: who checks what in The Gambia?
Give each professional a defined task so that legal, physical and financial questions do not fall between instructions.
What does the lawyer examine?
A property legal instruction can cover the seller’s interest and authority, the available records, contractual terms and the steps needed for the proposed transfer. The scope should identify which searches and enquiries are included and what cannot be established from the material available.
Ask for an explanation of material risks and outstanding conditions before signing or paying. A legal report should not be mistaken for a guarantee of the building’s condition, a valuation or a prediction of investment returns.
What should the other professionals cover?
- Agent: identify the party represented, marketing role, fee and authority to negotiate.
- Survey or technical adviser: agree the work needed on boundaries, measurements, condition or development feasibility.
- Valuer: define the valuation purpose, assumptions and property interest assessed.
- Accountant or tax adviser: assess relevant financial records, tax questions and reporting.
Roles and qualifications differ. Confirm each person’s competence, engagement terms and deliverable instead of assuming a job title includes every check.
How should the work be coordinated?
Share the same property description and plan with the advisers. If an inspection identifies an extension, boundary discrepancy or access problem, send the finding to the lawyer. If the legal records describe a different interest from the one used in a valuation, ask the advisers to reconcile the difference.
Keep a single issues list with the person responsible and the evidence needed to resolve each item. Make important conditions part of the transaction documents where appropriate.
What should you ask before appointing anyone?
Ask who the professional acts for, what the work includes, what it excludes, how fees are calculated and when a report can be provided. Disclose any relationship with the seller, developer or other participants that could affect independence.
For the legal engagement itself, read appointing a property lawyer. For the records to assemble, use property due diligence. Solie Law Chambers can discuss a defined conveyancing scope for your transaction.
Related guidance
Published by Solie Law Chambers. Updated . General guidance; the advice for your matter depends on its facts and applicable law.
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