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Draft a Land Contract for a property owner and buyer

Land Contract

This Land Contract is made and entered into this [Date] day of [Month], [Year], by and between [Seller Full Name], residing at [Seller Address], hereinafter referred to as "Seller," and [Buyer Full Name], residing at [Buyer Address], hereinafter referred to as "Buyer."

1. Introduction

This Land Contract is a legally binding agreement between the Seller and the Buyer for the sale and purchase of a piece of land located at [Land Location], [County], Kenya, hereinafter referred to as the "Property."

2. Table of Contents

  1. Introduction

  2. Table of Contents

  3. Definitions

  4. Property Description

  5. Purchase Price and Payment Terms

  6. Title and Conveyancing

  7. Possession and Completion

  8. Default and Remedies

  9. Representations and Warranties

  10. Entire Agreement

  11. Governing Law and Jurisdiction

  12. Notices

  13. Severability

  14. Waiver

  15. Binding Effect

  16. Counterparts

  17. Signatures

3. Definitions

For the purposes of this Land Contract, the following terms shall have the meanings ascribed to them below:

  • "Property" means the piece of land located at [Land Location], [County], Kenya, described in Section 4 below.

  • "Purchase Price" means the total amount payable by the Buyer to the Seller for the Property, as set out in Section 5 below.

  • "Closing Date" means the date on which the transfer of ownership of the Property from the Seller to the Buyer is completed, as set out in Section 7 below.

  • "Title Deed" means the document that evidences the Seller's ownership of the Property.

4. Property Description

The Property is described as follows:

  • Land Reference Number: [Land Reference Number]

  • Area: [Land Area]

  • Boundaries: [Land Boundaries]

  • Location: [Land Location], [County], Kenya

5. Purchase Price and Payment Terms

The Purchase Price for the Property is [Purchase Price] Kenyan Shillings ([KES]).

The Buyer shall pay the Purchase Price as follows:

  • [Payment Schedule]

6. Title and Conveyancing

The Seller represents and warrants that:

  • The Seller has good and marketable title to the Property, free and clear of all liens, encumbrances, and other claims except as disclosed in writing to the Buyer.

  • The Seller has the full right, power, and authority to sell the Property to the Buyer.

  • The Seller will provide the Buyer with a clear and marketable title to the Property, free and clear of all liens, encumbrances, and other claims except as disclosed in writing to the Buyer, upon the Closing Date.

The Buyer shall be responsible for all costs associated with the transfer of ownership of the Property, including but not limited to:

  • Legal fees

  • Stamp duty

  • Land registration fees

7. Possession and Completion

The Seller shall deliver possession of the Property to the Buyer on the Closing Date.

The Closing Date shall be [Closing Date], or such other date as may be mutually agreed upon in writing by the Seller and the Buyer.

8. Default and Remedies

If the Buyer fails to make any payment due under this Land Contract within [Number] days of the due date, the Seller shall have the right, at its option, to:

  • Declare the Buyer in default of this Land Contract.

  • Terminate this Land Contract.

  • Seek legal remedies to enforce its rights under this Land Contract.

If the Seller fails to provide the Buyer with a clear and marketable title to the Property on the Closing Date, the Buyer shall have the right, at its option, to:

  • Terminate this Land Contract.

  • Seek legal remedies to enforce its rights under this Land Contract.

9. Representations and Warranties

The Seller represents and warrants that:

  • The Seller has the full right, power, and authority to enter into this Land Contract and to sell the Property to the Buyer.

  • The Seller has not made any representations or warranties to the Buyer, other than those expressly set forth in this Land Contract.

  • The Seller is not aware of any defects in the Property, other than those disclosed in writing to the Buyer.

The Buyer represents and warrants that:

  • The Buyer has the full right, power, and authority to enter into this Land Contract and to purchase the Property from the Seller.

  • The Buyer has not made any representations or warranties to the Seller, other than those expressly set forth in this Land Contract.

  • The Buyer is not aware of any defects in the Property, other than those disclosed in writing to the Seller.

10. Entire Agreement

This Land Contract constitutes the entire agreement between the Seller and the Buyer with respect to the sale and purchase of the Property and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

11. Governing Law and Jurisdiction

This Land Contract shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Any dispute arising out of or relating to this Land Contract shall be subject to the exclusive jurisdiction of the courts of the Republic of Kenya.

12. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:

  • If to the Seller:

    • [Seller Full Name]

    • [Seller Address]

  • If to the Buyer:

    • [Buyer Full Name]

    • [Buyer Address]

13. Severability

If any provision of this Land Contract is held to be invalid or unenforceable, such provision shall be struck from this Land Contract and the remaining provisions shall remain in full force and effect.

14. Waiver

No waiver of any breach of any provision of this Land Contract shall be deemed a waiver of any other or subsequent breach.

15. Binding Effect

This Land Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

16. Counterparts

This Land Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

17. Signatures

IN WITNESS WHEREOF, the parties hereto have executed this Land Contract as of the date first written above.

Seller:

[Seller Signature]

[Seller Printed Name]

Buyer:

[Buyer Signature]

[Buyer Printed Name]

TLDR

This Land Contract is a legally binding agreement between the Seller and the Buyer for the sale and purchase of a piece of land located at [Land Location], [County], Kenya. The Purchase Price is [Purchase Price] Kenyan Shillings ([KES]). The Buyer shall pay the Purchase Price as follows: [Payment Schedule]. The Seller shall deliver possession of the Property to the Buyer on the Closing Date, which is [Closing Date].

Conclusion

This Land Contract is a comprehensive agreement that outlines the terms and conditions of the sale and purchase of the Property. It is important for both the Seller and the Buyer to carefully review and understand the terms of this Land Contract before signing it.


Sample Land Contract


This Agreement for Sale (Land) is made on this [Date] day of [Month], [Year], between:

  • [Seller Full Name] (the "Vendor"), a [Seller Company Type] incorporated in Kenya having a postal address of [Seller Address]; and

  • [Buyer Full Name] (the "Purchaser") of [Buyer Address] and or nominee or nominees.

IT IS AGREED as follows:

1. Definitions and Interpretation

1.1 In this Agreement, unless the context otherwise requires, the following expressions shall have the meanings hereby assigned to them:

  • "Agreement" means this Agreement for Sale (Land) and all Schedules and Annexures hereto.

  • "Completion Date" means the date on which the transfer of ownership of the Property from the Vendor to the Purchaser is completed.

  • "Land" means the land described in Clause 2 below.

  • "Property" means the Land and all buildings and other structures erected thereon.

  • "Purchase Price" means the total amount payable by the Purchaser to the Vendor for the Property, as set out in Clause 3 below.

  • "Title Deed" means the document that evidences the Vendor's ownership of the Property.

1.2 The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

2. Property Description

2.1 The Vendor agrees to sell and the Purchaser agrees to purchase the Land described as follows:

  • Land Reference Number: [Land Reference Number]

  • Area: [Land Area]

  • Boundaries: [Land Boundaries]

  • Location: [Land Location], [County], Kenya

3. Purchase Price and Payment Terms

3.1 The Purchase Price for the Property is [Purchase Price] Kenyan Shillings ([KES]).

3.2 The Purchaser shall pay the Purchase Price as follows:

  • [Payment Schedule]

4. Title and Conveyancing

4.1 The Vendor represents and warrants that:

  • The Vendor has good and marketable title to the Property, free and clear of all liens, encumbrances, and other claims except as disclosed in writing to the Purchaser.

  • The Vendor has the full right, power, and authority to sell the Property to the Purchaser.

  • The Vendor will provide the Purchaser with a clear and marketable title to the Property, free and clear of all liens, encumbrances, and other claims except as disclosed in writing to the Purchaser, upon the Completion Date.

4.2 The Purchaser shall be responsible for all costs associated with the transfer of ownership of the Property, including but not limited to:

  • Legal fees

  • Stamp duty

  • Land registration fees

5. Possession and Completion

5.1 The Vendor shall deliver possession of the Property to the Purchaser on the Completion Date.

5.2 The Completion Date shall be [Completion Date], or such other date as may be mutually agreed upon in writing by the Vendor and the Purchaser.

6. Default and Remedies

6.1 If the Purchaser fails to make any payment due under this Agreement within [Number] days of the due date, the Vendor shall have the right, at its option, to:

  • Declare the Purchaser in default of this Agreement.

  • Terminate this Agreement.

  • Seek legal remedies to enforce its rights under this Agreement.

6.2 If the Vendor fails to provide the Purchaser with a clear and marketable title to the Property on the Completion Date, the Purchaser shall have the right, at its option, to:

  • Terminate this Agreement.

  • Seek legal remedies to enforce its rights under this Agreement.

7. Representations and Warranties

7.1 The Vendor represents and warrants that:

  • The Vendor has the full right, power, and authority to enter into this Agreement and to sell the Property to the Purchaser.

  • The Vendor has not made any representations or warranties to the Purchaser, other than those expressly set forth in this Agreement.

  • The Vendor is not aware of any defects in the Property, other than those disclosed in writing to the Purchaser.

7.2 The Purchaser represents and warrants that:

  • The Purchaser has the full right, power, and authority to enter into this Agreement and to purchase the Property from the Vendor.

  • The Purchaser has not made any representations or warranties to the Vendor, other than those expressly set forth in this Agreement.

  • The Purchaser is not aware of any defects in the Property, other than those disclosed in writing to the Vendor.

8. Entire Agreement

This Agreement constitutes the entire agreement between the Vendor and the Purchaser with respect to the sale and purchase of the Property and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

9. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of Kenya.

10. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:

  • If to the Vendor:

    • [Seller Full Name]

    • [Seller Address]

  • If to the Purchaser:

    • [Buyer Full Name]

    • [Buyer Address]

11. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

12. Waiver

No waiver of any breach of any provision of this Agreement shall be deemed a waiver of any other or subsequent breach.

13. Binding Effect

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

14. Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

15. Signatures

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.

Vendor:

[Seller Signature]

[Seller Printed Name]

Purchaser:

[Buyer Signature]

[Buyer Printed Name]

TLDR

This Agreement for Sale (Land) is a legally binding agreement between the Vendor and the Purchaser for the sale and purchase of a piece of land located at [Land Location], [County], Kenya. The Purchase Price is [Purchase Price] Kenyan Shillings ([KES]). The Purchaser shall pay the Purchase Price as follows: [Payment Schedule]. The Vendor shall deliver possession of the Property to the Purchaser on the Completion Date, which is [Completion Date].

Conclusion

This Agreement for Sale (Land) is a comprehensive agreement that outlines the terms and conditions of the sale and purchase of the Property. It is important for both the Vendor and the Purchaser to carefully review and understand the terms of this Agreement before signing it.


Case Laws

Relevant Case Laws

  • Mogaka & 3 others v Munene (Civil Appeal E012 of 2022) [2023] KEHC 18194 (KLR) (Source: https://kenyalaw.org/caselaw/cases/view/259796)

    This case involved a dispute over land ownership. The Court of Appeal held that the appellant's claim to ownership of the land was not supported by evidence and dismissed the appeal. This case highlights the importance of having clear and verifiable evidence of ownership when dealing with land transactions.

  • Noorali Manji v [Defendant Name] (Environment and Land Case E288 of 2021) (Source: https://kenyalaw.org/caselaw/cases/view/219549)

    This case involved a dispute over the ownership of two parcels of land. The court held that the plaintiff had established ownership of the land in question and granted an injunction restraining the defendant from interfering with the plaintiff's possession of the land. This case demonstrates the importance of registering land ownership to protect one's rights.

  • Jacob Mberia v [Defendant Name] (Environment & Land Case E005 of 2024) (Source: https://kenyalaw.org/caselaw/cases/view/294026)

    This case involved a dispute over the ownership of land between two brothers. The court held that the respondent had established a right to occupy the land and dismissed the plaintiff's claim for eviction. This case highlights the importance of resolving land disputes amicably and through legal means.

  • [Appellant Name] v [Respondent Name] (Election Petition Appeal E001 of 2023) (Source: https://kenyalaw.org/caselaw/cases/view/274293)

    This case involved an election petition appeal. The court held that the appellant's appeal was not supported by evidence and dismissed the appeal. This case is relevant to land transactions as it demonstrates the importance of having strong evidence to support one's claims.

  • [Complainant Name] v [Appellant Name] (Criminal Appeal E017 of 2020) (Source: http://kenyalaw.org/caselaw/cases/view/224893)

    This case involved a criminal appeal arising from a dispute over land ownership. The court held that the appellant had been properly convicted of fraud and upheld the conviction. This case highlights the importance of ensuring that all land transactions are conducted in a transparent and legal manner.

Conclusion

These case laws demonstrate the importance of having clear and verifiable evidence of ownership when dealing with land transactions. They also highlight the importance of resolving land disputes amicably and through legal means. It is important to consult with a qualified lawyer to ensure that all land transactions are conducted in a legal and compliant manner.


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