All templatesAGREEMENT FOR SALE
DATED THIS .......... DAY OF .................... 20....
JOSEPH KARANJA MBUGUA
(the “Vendor”)
— AND —
FAITH WANJIRU KAMAU
(the “Purchaser”)
AGREEMENT FOR SALE
In respect of Land Reference Number 7785/142, measuring approximately 0.4 hectares, situated in Kiambu County, Limuru area, registered as agricultural freehold
DRAWN BY:
Kemboy Law Advocates
Riverside Green Suites, Riverside Drive, P.O. Box 19500-00100, Nairobi
THIS AGREEMENT FOR SALE is made on the .......... day of .................... 20....
BETWEEN:
JOSEPH KARANJA MBUGUA of National Identity Card or Passport Number 11054951 and of P.O. Box 4471-00900, Kiambu, in the Republic of Kenya (hereinafter referred to as the “Vendor”, which term where the context so admits includes his or her personal representatives and assigns);
AND
FAITH WANJIRU KAMAU of National Identity Card or Passport Number .......... and of Post Office Box Number .........., in the Republic of Kenya (hereinafter referred to as the “Purchaser”, which term where the context so admits includes his or her personal representatives and assigns).
WHEREAS:
A. The Vendor is the registered owner of ALL THAT piece of land known as Land Reference Number 7785/142, measuring approximately 0.4 hectares, situated in Kiambu County, Limuru area, registered as agricultural freehold (hereinafter referred to as “the Property”);
B. The Vendor is desirous of selling the Property and has offered to sell the same to the Purchaser, and the Purchaser has accepted to purchase the same on the terms and conditions hereunder stipulated;
C. The Purchaser has inspected the Property and accepted the Property as it is, and is deemed to have entered into this Agreement voluntarily.
NOW THIS AGREEMENT WITNESSETH as follows:
1. Definition of Terms
1.1 In this Agreement, unless the context otherwise requires, the following expressions shall have the following meanings:
1.1.1 “Completion” means the completion of the sale and purchase of the Property as provided under Clause 8 of this Agreement;
1.1.2 “Completion Date” means 31 March 2027;
1.1.3 “Purchase Price” means Kenya Shillings Eighteen Million Five Hundred Thousand (KES 18,500,000) only;
1.1.4 “Deposit” means Kenya Shillings One Million Eight Hundred and Fifty Thousand (KES 1,850,000) only, being part of the Purchase Price;
1.1.5 “Interest Rate” means the rate of 14% per annum;
1.1.6 “Kenya Shillings” or “KES” means the lawful currency for the time being of the Republic of Kenya;
1.1.7 “LSK Conditions” means the Law Society of Kenya Conditions of Sale (2015 Edition);
1.1.8 “Outgoings” means County Government rates and Government rent payable in respect of the Property;
1.1.9 “Property” means ALL THAT piece of land known as Land Reference Number 7785/142, measuring approximately 0.4 hectares, situated in Kiambu County, Limuru area, registered as agricultural freehold;
1.1.10 “Purchaser's Advocates” means Njoroge Wachira & Company Advocates, P.O. Box 2210-00200, Nairobi;
1.1.11 “Vendor's Advocates” means Kemboy Law Advocates, Riverside Green Suites, Riverside Drive, P.O. Box 19500-00100, Nairobi.
2. Interpretation
2.1 In this Agreement, unless the context otherwise requires:
2.1.1 the expressions the “Vendor” and the “Purchaser” shall include any successors in title of the Vendor and the successors in title of the Purchaser;
2.1.2 words importing one gender shall be construed as importing any other gender;
2.1.3 words importing the singular shall be construed as importing the plural and vice versa; and
2.1.4 where any party comprises more than one person, the obligations and liabilities of that party under this Agreement shall be joint and several obligations and liabilities of those persons.
3. Headings
3.1 The clause headings do not form part of this Agreement and shall not be taken into account in its construction or interpretation.
4. Description of Property
4.1 The Property sold is ALL THAT piece of land known as Land Reference Number 7785/142, measuring approximately 0.4 hectares, situated in Kiambu County, Limuru area, registered as agricultural freehold.
4.2 The interest being sold is Freehold.
4.3 The Property is agricultural property.
5. Advocates for the Parties
5.1 The Advocates acting for the Vendor are Kemboy Law Advocates, Riverside Green Suites, Riverside Drive, P.O. Box 19500-00100, Nairobi.
5.2 The Advocates acting for the Purchaser are Njoroge Wachira & Company Advocates, P.O. Box 2210-00200, Nairobi.
6. Consideration
6.1 The purchase price for the Property is Kenya Shillings Eighteen Million Five Hundred Thousand (KES 18,500,000) only.
6.2 The Purchaser shall pay the Deposit of Kenya Shillings One Million Eight Hundred and Fifty Thousand (KES 1,850,000) only to the Vendor's Advocates upon execution of this Agreement, to be held by them as stakeholders pending Completion.
6.3 The balance of the Purchase Price shall be paid to the Vendor's Advocates on or before the Completion Date.
6.4 The payments are to be made by Real Time Gross Settlement (RTGS) to the client account of the Vendor's Advocates, the details of which the Vendor's Advocates shall give in writing.
6.5 In the event the Purchase Price is being financed, the Financier's Advocates must provide a suitable professional undertaking to the Vendor's Advocates at least Twenty-One (21) days prior to Completion, and the financed part of the Purchase Price shall be paid within Fourteen (14) days of successful registration of the Transfer in favour of the Purchaser and the Charge in favour of the Purchaser's Financier.
6.6 All payments to be made by the Purchaser shall be made in full without any set-off, restriction or condition and without any deduction for, or on account of, any counterclaim or withholding or other taxes, provided that where any deduction or withholding of any tax is legally required to be made, the Purchaser undertakes to increase the amount of such payment so that the Vendor receives in full the amount to which the Vendor was entitled had such deduction not been required.
7. Sale Subject to Law Society of Kenya Conditions of Sale
7.1 The sale and purchase of the Property is subject to the LSK Conditions, which shall be deemed incorporated herein in extenso save in so far as the LSK Conditions are not consistent with the provisions of this Agreement or are varied or excluded by the terms of this Agreement.
7.2 The LSK Conditions shall be varied as follows: “Interest” means interest at the Interest Rate prescribed in this Agreement.
8. Completion
8.1 The Completion Date shall be on 31 March 2027, or such other date as the parties may agree in writing.
8.2 Completion shall take place at the offices of the Vendor's Advocates (unless otherwise agreed in writing between the parties or their Advocates) upon payment of the Purchase Price or upon the issue of a suitable and acceptable professional undertaking for the payment thereof given by the Purchaser's Financier's Advocates to the Vendor's Advocates.
8.3 On Completion, the Vendor's Advocates shall release to the Purchaser's Advocates the following documents (the “Completion Documents”):
(a) the original Certificate of Title with respect to the Property;
(b) the duly executed and undated Transfer of the Property (in triplicate) (the “Transfer”) in favour of the Purchaser;
(c) the Land Control Board Consent to Transfer (where applicable);
(d) three (3) passport-size coloured photographs of the Vendor together with duly certified copies of the Vendor's Identity Card or Passport and KRA PIN Certificate;
(e) the original receipts evidencing payment of Land Rates and annual Land Rent in respect of the Property together with the original Clearance Certificates;
(f) the consent of the Vendor's spouse to the transfer of the Property to the Purchaser, or an affidavit confirming that spousal consent is not required;
(g) the Capital Gains Tax acknowledgment slip; and
(h) any other document in the Vendor's possession that is necessary to effect the transfer of good title to the Property in favour of the Purchaser or the Purchaser's nominee.
9. Conditions Precedent
9.1 Completion is conditional upon the following:
(a) Land Control Board consent under the Land Control Act Cap 302;
(b) discharge of the existing charge in favour of KCB Bank Kenya Limited;
(c) spousal consent of the Vendor's wife.
9.2 Each party shall do all that is reasonably within its power to procure the fulfilment of the conditions before the Completion Date.
10. Registration Period
10.1 Upon receipt of the Completion Documents by the Purchaser's Advocates, the Purchaser's Advocates shall immediately proceed with valuation and stamping and thereafter the registration of the Transfer of the Property in the name of the Purchaser.
10.2 The Purchaser's Advocates undertake to use their best endeavours to complete registration within Forty-Five (45) days of receipt of all the Completion Documents.
10.3 The Purchaser's Advocates shall forward to the Vendor's Advocates the Day Book Number as soon as the Transfer is booked for registration.
10.4 Within Three (3) business days of receipt of the registered Transfer, the Purchaser's Advocates shall notify the Vendor's Advocates.
11. Possession and Occupation
11.1 The Property is sold with vacant possession, to be given to the Purchaser upon payment of the full Purchase Price.
12. Warranties
12.1 The Property is sold in the condition in which it stands and the Vendor shall not be liable to repair, renew or improve the same, but shall point out the beacons and replace any lost beacons.
12.2 The Vendor has the necessary power and authority to sell the Property on the terms and conditions set out in this Agreement.
12.3 The Vendor has not received any notification that the Property is within a buffer zone, riparian land, road reserve or public land, neither has the Vendor received any notice that the ownership thereof is subject to any challenge whatsoever from the Government of Kenya, any county government or any third party whatsoever, and the Vendor has good title thereto.
12.4 To the best of the Vendor's knowledge and belief, having undertaken reasonable enquiries, all covenants, restrictions, stipulations, conditions and other encumbrances affecting the Property have been strictly observed and performed.
Conveyancing & Real Estate
Sale Agreement (Land / Property) template (Kenya)
What it is for
Standard Kenyan land and property purchase agreement under LSK Conditions of Sale.
The Kenyan law it follows
- Law of Contract Act Cap 23 — s.3(3) (a contract for the disposition of an interest in land must be in writing, signed by all the parties, and each signature attested by a witness present at signing)
- Matrimonial Property Act Cap 152 — s.12(1) (matrimonial property is not sold without the consent of both spouses)
- Land Registration Act Cap 300 and Land Registration (General) Regulations, 2017 — the transfer is completed by a registered Form LRA 33
- Land Control Act Cap 302 — consent of the Land Control Board for a dealing in agricultural land (confirm the current time limit for applying)
Who prepares it
This is normally drawn by an advocate, and where it is a court paper, filed by one. The sample shows what the finished document looks like.
Draft this for your matter
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Sample sale agreement (land / property)
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The rest of this sale agreement (land / property) is for Lex members
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This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.