Can a lawyer who released the deposit to the seller in a failed land transaction be forced to refund it?
Two years ago our Chamaa approached a property owner to buy his plot for Sh.50m. We entered into a sale agreement and paid a 10 million shilling deposit to the seller’s lawyer. We agreed that the transfer documents would be ready and the balance would be paid within 90 days.
Unfortunately we had not gotten the money by 90 days but asked for an extension to raise it. On day 120 we explained that our Sacco had informed us they could give us the balance if we gave them the title deed. When we asked the lawyer for the title he said that we had delayed and the seller had found another buyer. When he asked for our money he said by law we had lost the money.
We now have no money, no title and no land. But the lawyer is driving around a big car, can he be forced to refund?
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