Ask a lawyer:
can a seller revoke the agreement to sell land after consent application

Table of Contents

1. Introduction

2. Revoking an Agreement to Sell Land

3. Consent Application and its Impact on Revoking an Agreement

4. Conclusion

Introduction

This response will address the question of whether a seller can revoke an agreement to sell land after a consent application has been made. This is a complex legal issue that requires careful consideration of the relevant legal framework in Kenya.

Revoking an Agreement to Sell Land

The ability of a seller to revoke an agreement to sell land is governed by the law of contracts in Kenya. The general principle is that a contract, once validly entered into, is binding on both parties. This means that a seller cannot simply withdraw from an agreement to sell land without facing legal consequences.

Sources:

• The Law of Contract Act, Cap 23 of the Laws of Kenya

However, there are certain circumstances under which a seller may be able to revoke an agreement to sell land. These include:

• Breach of Contract: If the buyer breaches the terms of the agreement, the seller may be entitled to terminate the contract and revoke the agreement. This could include situations where the buyer fails to pay the purchase price or fails to meet other conditions stipulated in the agreement.

• Fraud or Misrepresentation: If the agreement was entered into as a result of fraud or misrepresentation by the buyer, the seller may be able to revoke the agreement.

• Mutual Agreement: The seller and buyer can mutually agree to terminate the agreement. This would require both parties to sign a new agreement releasing each other from their obligations under the original agreement.

Sources:

• The Law of Contract Act, Cap 23 of the Laws of Kenya

Consent Application and its Impact on Revoking an Agreement

A consent application is a process that is required under the Land Registration Act for the transfer of land. It is a formal application made to the Land Registrar seeking approval for the transfer of land ownership.

Sources:

• The Land Registration Act, Cap 300 of the Laws of Kenya

The filing of a consent application does not automatically prevent a seller from revoking an agreement to sell land. However, it does create certain legal implications that the seller must consider:

• Legal Obligations: Once a consent application has been filed, the seller is legally obligated to cooperate with the buyer in completing the transfer process. This includes providing all necessary documents and attending any required meetings with the Land Registrar.

• Potential Damages: If the seller revokes the agreement after a consent application has been filed, the buyer may be able to sue for damages. This is because the buyer may have incurred expenses in preparing for the transfer, such as legal fees and survey costs.

• Reputational Damage: Revoking an agreement after a consent application has been filed can damage the seller's reputation in the real estate market. This could make it difficult for the seller to sell the land in the future.

Sources:

• The Land Registration Act, Cap 300 of the Laws of Kenya

• The Law of Contract Act, Cap 23 of the Laws of Kenya

Conclusion

In conclusion, while a seller may be able to revoke an agreement to sell land after a consent application has been filed, it is not a simple matter. The seller must carefully consider the legal implications of their actions and the potential consequences, including legal action by the buyer and reputational damage. It is advisable for the seller to seek legal advice from a qualified lawyer before taking any action.