CLINICAL LEGAL EDUCATION SESSION TWO

SELLER
BUGEMBE ANOLD. LLB 3. STREAM C. CS16B11/431

I negotiated with my father to sell the house in mengo at 115 million UGX. I entered into a
contract with the buyer making an earnest payment of 10 million UGX. However, the buyer gets
cold feet and wants to get out of the contract and want their money back because of the structural
defects in the house. However, I the seller negotiated with the buyer and we came up with an
agreement through focusing on interests and not positions and inventing options for mutual
gain.

Talking about interests, I was able to communicate what my interests are to the seller and I too
was able to identify the interests of the buyer. My interest was to get the exact money that I had
negotiated with my father and the seller`s interest was to get a clearly refurbished house with no
defects.

Having communicated our interests, I had to create invent creative options, I brainstormed with
the seller as at the same time I was broadening my options. I made a list of options which would
suit my interests. These were to coerce the buyer to remain in the contract through the court case
of Akello v Ahabwe 2011 Supreme Court of Uganda in which it was held that mere cracks in the
wall, cracks in the flooring, cracked doors and a leaking roof do not amount to structural defects
and could not be used as a basis for terminating a contract for the sale of the house. The other
option was to reduce the price for corrective work by the buyer and the other was since my father
who is a part time carpenter and electrician can do the corrective work himself at his own
expenses and the sale price would remain the same.

I tried to avoid premature judgement and being limited to a single answer. This led to me
thinking that their problem is also my problem. To reach an agreement that meets my interest I
had to develop a solution that appeals to the self-interest of the other side. I the seller negotiated
with the buyer and we came with an agreement that since my father is a part time carpenter and
electrician he would carry out the necessary repairs in the house himself at his own expenses and
the original price for the sale of the house as prescribed in the contract would remain as 115
million UGX. And the buyer accepted this option.