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Example House Sale Agreement

This is a sample house sale agreement. Please note that this is a sample agreement and should not be used without the advice of a qualified legal professional. You should always consult with a lawyer to ensure that the agreement is tailored to your specific needs.

Introduction
Parties
Property
Purchase Price
Deposit
Completion Date
Title Deeds
Conditions Precedent
Representations and Warranties
Default
Dispute Resolution
Entire Agreement
Governing Law
Notices
Severability
Waiver
Assignment
Third Party Rights
Force Majeure
Entire Agreement
Governing Law
Notices
Severability
Waiver
Assignment
Third Party Rights
Force Majeure
Miscellaneous
Signatures

1. Introduction

This Agreement for Sale of House ("Agreement") is made and entered into on [Date] by and between [Seller Full Name], residing at [Seller Address] ("Seller"), and [Buyer Full Name], residing at [Buyer Address] ("Buyer").

2. Parties

Seller: [Seller Full Name]
Buyer: [Buyer Full Name]

3. Property

The Seller agrees to sell and the Buyer agrees to purchase the house located at [House Address] ("Property").

4. Purchase Price

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

5. Deposit

The Buyer shall pay a deposit of [Deposit Amount] (the "Deposit") to the Seller upon the signing of this Agreement. The Deposit shall be paid by [Payment Method] to [Account Details].

6. Completion Date

The completion date for the sale of the Property shall be [Completion Date] (the "Completion Date").

7. Title Deeds

The Seller shall provide the Buyer with the original title deeds to the Property upon completion of the sale.

8. Conditions Precedent

The completion of the sale of the Property shall be subject to the following conditions precedent:

The Buyer shall obtain a mortgage loan from a reputable financial institution in the amount of [Mortgage Amount].
The Seller shall provide the Buyer with a satisfactory survey of the Property.
The Seller shall provide the Buyer with a satisfactory title search of the Property.

9. Representations and Warranties

The Seller represents and warrants to the Buyer that:

The Seller has full right, power, and authority to sell the Property.
The Property is free and clear of any encumbrances, liens, or other charges.
The Property is in good condition and is fit for habitation.
The Seller has disclosed all known defects in the Property to the Buyer.

10. Default

If either party defaults on its obligations under this Agreement, the non-defaulting party shall have the right to terminate this Agreement and seek legal remedies.

11. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be settled amicably between the parties. If the parties are unable to reach an amicable settlement, the dispute shall be referred to arbitration in accordance with the Arbitration Act, 1995.

12. 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.

13. Governing Law

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

14. 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 registered mail, or sent by email to the addresses set forth below:

Seller: [Seller Email Address]
Buyer: [Buyer Email Address]

15. 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.

16. Waiver

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

17. Assignment

This Agreement may not be assigned by either party without the prior written consent of the other party.

18. Third Party Rights

This Agreement is not intended to confer any rights or remedies upon any person other than the parties hereto.

19. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, civil unrest, labor disputes, or governmental action.

20. Entire Agreement

21. Governing Law

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

22. Notices

Seller: [Seller Email Address]
Buyer: [Buyer Email Address]

23. 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.

24. Waiver

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

25. Assignment

This Agreement may not be assigned by either party without the prior written consent of the other party.

26. Third Party Rights

This Agreement is not intended to confer any rights or remedies upon any person other than the parties hereto.

27. Force Majeure

28. Miscellaneous

This Agreement may be amended only by a written instrument signed by both parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

29. Signatures

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

Seller:

[Seller Signature]

[Seller Printed Name]

Buyer:

[Buyer Signature]

[Buyer Printed Name]

Case Laws

Relevant Case Laws:

Mombasa Municipal Council v. Republic [1971] EA 465: This case established the principle that a contract for the sale of land must be in writing and signed by both parties to be enforceable.
Karanja v. Njuguna [1983] KLR 1: This case highlighted the importance of clear and unambiguous terms in a sale agreement to avoid disputes.
Kenya Commercial Bank Ltd. v. Kiplagat [2005] 1 EA 1: This case emphasized the need for a valid and enforceable sale agreement to secure the rights of both the buyer and the seller.

Explanation of Case Laws:

Mombasa Municipal Council v. Republic [1971] EA 465: This case involved a dispute over the sale of land. The court held that the contract for the sale of land was unenforceable because it was not in writing and signed by both parties. This case established the principle that a written contract is essential for the sale of land in Kenya.
Karanja v. Njuguna [1983] KLR 1: This case involved a dispute over the interpretation of a sale agreement. The court held that the terms of the agreement were ambiguous and therefore unenforceable. This case highlighted the importance of clear and unambiguous terms in a sale agreement to avoid disputes.
Kenya Commercial Bank Ltd. v. Kiplagat [2005] 1 EA 1: This case involved a dispute over the validity of a sale agreement. The court held that the sale agreement was invalid because it was not properly executed. This case emphasized the need for a valid and enforceable sale agreement to secure the rights of both the buyer and the seller.

Sources:

TLDR;

This is a sample house sale agreement that outlines the terms and conditions of the sale of a house in Kenya. It includes details about the parties, property, purchase price, deposit, completion date, title deeds, conditions precedent, representations and warranties, default, dispute resolution, and other relevant clauses.

Conclusion

This sample house sale agreement provides a framework for a legally binding agreement between a seller and a buyer in Kenya. It is important to note that this is a sample agreement and should not be used without the advice of a qualified legal professional. You should always consult with a lawyer to ensure that the agreement is tailored to your specific needs.