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Apartment Sales Agreement

Table of Contents

1. Introduction

2. Parties

3. Property

4. Purchase Price and Payment

5. Completion

6. Title and Transfer

7. Default and Remedies

8. Representations and Warranties

9. Disclaimer

10. Governing Law and Jurisdiction

11. Entire Agreement

12. Notices

13. Severability

14. Waiver

15. Binding Effect

16. Amendments

17. Counterparts

18. Interpretation

19. Miscellaneous

20. Signatures

1. Introduction

This Apartment Sales Agreement (the "Agreement") is made and entered into as of [DATE] by and between [SELLER NAME], a [SELLER TYPE] with its principal place of business at [SELLER ADDRESS] (the "Seller"), and [BUYER NAME], a [BUYER TYPE] with its principal place of business at [BUYER ADDRESS] (the "Buyer").

2. Parties

• Seller: [SELLER NAME]

• Buyer: [BUYER NAME]

3. Property

The Seller agrees to sell and the Buyer agrees to purchase the apartment unit located at [ADDRESS] (the "Property"). The Property is described as follows:

• Apartment Number: [NUMBER]

• Floor: [FLOOR]

• Size: [SIZE]

• Bedrooms: [NUMBER]

• Bathrooms: [NUMBER]

• Parking: [PARKING DETAILS]

4. Purchase Price and Payment

• Purchase Price: The purchase price for the Property shall be [AMOUNT] (the "Purchase Price").

• Payment Schedule: The Purchase Price shall be paid as follows:

  • [AMOUNT] upon signing of this Agreement (the "Deposit").

  • [AMOUNT] upon completion of the sale (the "Balance").

• Payment Method: All payments shall be made by [PAYMENT METHOD].

5. Completion

• Completion Date: The sale of the Property shall be completed on or before [DATE] (the "Completion Date").

• Conditions Precedent: The completion of the sale shall be subject to the following conditions precedent:

  • The Buyer shall have obtained all necessary financing.

  • The Seller shall have provided the Buyer with a clear title to the Property.

  • The Seller shall have complied with all applicable laws and regulations.

6. Title and Transfer

• Title: The Seller shall provide the Buyer with a clear and marketable title to the Property, free and clear of all liens and encumbrances, except as specifically disclosed in this Agreement.

• Transfer: The Seller shall transfer the title to the Property to the Buyer upon completion of the sale.

7. Default and Remedies

• Default: If either party fails to perform its obligations under this Agreement, the non-defaulting party shall have the right to terminate this Agreement and pursue all available legal remedies.

• Remedies: The remedies available to the non-defaulting party may include, but are not limited to, the following:

  • Specific performance

  • Damages

  • Injunctive relief

8. Representations and Warranties

• Seller Representations: The Seller represents and warrants to the Buyer that:

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

  • The Property is free and clear of all liens and encumbrances, except as specifically disclosed in this Agreement.

  • The Property is in good condition and habitable.

  • The Seller has complied with all applicable laws and regulations.

• Buyer Representations: The Buyer represents and warrants to the Seller that:

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

  • The Buyer has the financial ability to complete the purchase of the Property.

9. Disclaimer

• Disclaimer: The Seller makes no warranties, express or implied, with respect to the Property, including, but not limited to, any warranties of merchantability or fitness for a particular purpose.

10. Governing Law and Jurisdiction

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

• Jurisdiction: 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.

11. Entire Agreement

• Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

12. Notices

• 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 or registered mail, return receipt requested, or sent by overnight courier service, addressed as follows:

• If to the Seller:

  • [SELLER NAME]

  • [SELLER ADDRESS]

• If to the Buyer:

  • [BUYER NAME]

  • [BUYER ADDRESS]

13. Severability

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

14. Waiver

• Waiver: No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

15. Binding Effect

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

16. Amendments

• Amendments: This Agreement may be amended only by a written instrument signed by both parties.

17. Counterparts

• 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.

18. Interpretation

• Interpretation: The headings and captions contained in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

19. Miscellaneous

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

20. Signatures

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

[SELLER NAME]

By: [NAME]

Title: [TITLE]

[BUYER NAME]

By: [NAME]

Title: [TITLE]