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Aspects of property transaction

Welcome to the first in a series of articles designed to help our readers become better informed on the many intricacies involved in property dealings of all sorts in Fiji.

It is intended that eventually this column will look at all aspects of property transaction in Fiji including the buying, selling, leasing, subdividing and, rezoning of property all the way to the role of the various parties in any sort of property transaction.

Most people that engage in any form of property transaction in Fiji are often unsure as to their rights and obligations and the risks inherent in the complicated process involved in buying or selling property in Fiji.

This is in large part because of the fact that sometimes even the simplest transactions in Fiji are absolutely fraught with the potential to go awry at any point. For instance, the many different types of land in Fiji (each with its own transaction process), can often leave vendors and purchasers feeling they are up against it right from the start and, the different types of regulatory considerations often leave people feeling confused and unsure as to what they have gotten themselves into.

Again, the intended purpose of the column is not to provide any form of legal advice but rather to simply educate readers to a small degree, as to the significance of certain aspects of the various property transactions that are conducted in Fiji.

In fact, it is our strong recommendation that before any of our readers engage in any form of transaction, they should first consult with and, if appropriate, engage the services of a properly qualified lawyer, in good standing in Fiji.

Obviously, the most prevalent form of property transactions are residential house sales so, those transactions (and everything surrounding them) will form a large part of this column’s content. However, the column will, in the fullness of time, also look towards other forms of property transactions (including leases and other commercial dealings).

We will also look very seriously at reader feedback, comments or questions in determining the exact course of discussion in this column so, if there is something that is of particular importance to you, do not hesitate to let us know via your letters or email.

If there are sufficient numbers of readers voicing the same concerns or interests, it is highly likely this column will look to address those concerns sooner rather than later.

That’s about it for this week. Next week we’re going to take a look at the significance and importance of the sale and purchase agreement in property transactions and why, among other things, it is recommended that parties should engage the services of a properly qualified lawyer prior to signing any such agreement. Have a good weekend and, we’ll see you again next Saturday.

DISCLAIMER: Please be advised that the contents of this column are intended for informational purposes only and are not intended to convey or constitute any form of legal advice whatsoever. You should not act upon any information contained herein without first seeking qualified professional counsel on your specific matter.