Real estate, a constantly evolving sector in Senegal, is fraught with challenges and opportunities. Whether you are an investor, a property owner, or a tenant, navigating this field requires a thorough understanding of the applicable laws and regulations. And who better than a lawyer specializing in real estate law to guide you through the complexities of property transactions? In a country where real estate disputes can arise at any time, the importance of a competent lawyer cannot be underestimated. In this article, we explore the role of a real estate lawyer in Senegal .
The real estate lawyer in Senegal: Role and missions
When we talk about a real estate lawyer, we're referring to a legal professional whose expertise focuses on real estate matters. In Senegal, this specialization is all the more crucial due to the increasing complexity of transactions and related disputes. But what does this specialization actually entail?
First and foremost, a real estate lawyer is much more than just a legal advisor. They are the guardian of real estate law , the Building Code , and all regulations related to real estate in the country. This means they must have in-depth knowledge not only of private and public law, but also of planning regulations. Every transaction, every contract, and every dispute has legal implications that require the expertise of a specialized lawyer.
But their role doesn't end there. Real estate lawyers are often at the heart of property-related matters. Whether it's defending their client's rights, resolving a complex situation, or acting as a mediator to avoid costly legal proceedings, the lawyer is a key player. They can represent a party before a criminal court or the Court of Cassation , ensuring that their client's rights are protected at every stage.
Case of intervention by a real estate lawyer
Real estate, with its many facets, can present a variety of situations where the intervention of a specialized lawyer is not only beneficial, but often essential. Here are some common scenarios where their expertise is sought:
Conflicts of interest related to the inheritance of real estate: Inheritance is often a source of disputes, especially when several parties claim rights to a property. A lawyer plays a crucial role in ensuring that each party's rights are respected and that disputes are resolved in accordance with the law.
Real estate transactions: Whether buying, selling, or renting a property, a real estate lawyer ensures that contracts are fair, transparent, and compliant with current regulations. From negotiation to finalization, they support their client at every stage.
Taxation in real estate transactions: The tax implications of real estate transactions can be complex. A lawyer helps navigate these murky waters, ensuring that all tax obligations are met and that potential tax benefits are maximized.
Transfer of real estate: The transfer of a property can involve many legal aspects, from title verification to ensuring that all rights and obligations are clearly defined in the transfer agreement.
Real estate development and the formation of a SCI: The creation of a Société Civile Immobilière (SCI) or the management of a real estate development project requires in-depth legal expertise to ensure that all aspects are dealt with in accordance with the law.
It is clear that the scope of a real estate lawyer's work is vast. Whether dealing with simple transactions or more complex situations, their presence ensures that their client's interests are always paramount.
Specific skills of a real estate lawyer
The real estate lawyer, through his training and experience, possesses a unique set of skills that make him indispensable in the Senegalese real estate sector.
Eviction defense, rent collection, and lease renewal: One of the most common situations in the real estate sector is non-payment of rent. In such cases, a real estate lawyer intervenes to defend the landlord's rights while ensuring that eviction proceedings are conducted in accordance with the law. Similarly, during lease renewals, they ensure that the terms are fair to both parties.
Searching for hidden defects during purchase: When buying real estate, it is crucial to ensure there are no hidden defects that could affect the property's value or usability. A real estate lawyer plays a vital role by reviewing documents, conducting due diligence, and ensuring the buyer is fully informed.
Intervention in the event of a dispute with construction professionals: Construction projects can sometimes lead to disputes between property owners and professionals such as architects or contractors. A real estate lawyer intervenes to ensure each party is accountable, provide information on possible penalties, and facilitate an amicable or legal resolution.
Defense against a property developer: In cases where a property developer does not provide the necessary guarantees or does not respect the terms of a contract, the property lawyer is there to defend the rights of his client, whether through negotiations or in court.
How much might a real estate lawyer cost you in Senegal?
When it comes to seeking the services of a real estate lawyer, one of the first questions that comes to mind is cost. In Senegal, lawyers' fees are regulated, but they also offer some flexibility.
According to Ministerial Decree No. 11032 dated December 26, 2008 , fees are determined by mutual agreement between the lawyer and their client. This agreement must be formalized in a written contract, guaranteeing transparency and clarity for both parties.
For specific services such as drafting a deed of sale, a preliminary sales agreement, or providing advice on a real estate transaction, the base fee can start at 250,000 francs . However, this is just the beginning. Another fee, proportional to the sale price of the property, is added to this base amount. For properties valued at 15 million FCFA , the fee is generally 7% of the property value. For properties valued at over 15 million FCFA , the fee is reduced to 5% of the total amount.
In the case of defending a client in a real estate law matter, the lawyer can request a basic fee of at least 250,000 FCFA .
Lawyer and real estate notary in Senegal: What are the differences?
Although both lawyers and notaries are legal professionals involved in the real estate sector, their roles, responsibilities, and powers differ significantly.
Powers and Representation: A lawyer has the power to represent their client before a judge or court in the event of a dispute. They actively defend their client's interests and plead on their behalf. A notary, on the other hand, does not have this power. They generally do not intervene in contentious cases where the parties are in conflict.
Status as a public officer: Notaries hold a special status as public officers. This grants them the power to authenticate documents, a prerogative not available to lawyers. If you buy or sell real estate, it is the notary, not the lawyer, who prepares the authentic deed of sale and has it signed by the parties involved.
Impartiality vs. Advocacy: A crucial distinction between these two professions lies in their approach to cases. Notaries are required to be impartial and objective, ensuring that all parties are treated fairly. Lawyers, on the other hand, are mandated to vigorously defend their clients' interests, even if it means challenging the claims of another party.
Ultimately, whether you're a seasoned investor or a real estate novice, the key to success lies in a thorough understanding of the laws and regulations, as well as choosing the right professionals to guide you. Never underestimate the importance of a skilled real estate lawyer to secure your investments and protect your interests.
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