A land sale agreement records the deal between the buyer and seller.
It should not be treated as a receipt for the deposit. It sets the terms that govern the transaction, including what property is being sold, how payment works and what each party must do before completion.
Kenya’s Law of Contract Act has formal requirements for contracts dealing with an interest in land. For an actual purchase, have an advocate review the agreement before you sign it or release substantial funds.
1. Property description
The agreement should identify the land clearly.
Check the title or parcel number, location and any other description against the documents used in your due diligence.
A marketing name such as “Plot 14” is not enough if it does not clearly connect to the registered parcel.
2. Seller and buyer details
Names and identification details should be consistent with the transaction documents.
If the registered owner is not personally signing, the agreement should reflect the legal authority of whoever is acting for that owner.
3. Purchase price
The agreement should state:
- total price
- deposit
- balance
- payment method
- payment deadlines
Avoid vague payment arrangements that depend on verbal promises outside the written agreement.
4. Completion period
The agreement should say when completion is expected and what must happen before the balance is released.
That matters because searches, consents, valuation, stamp duty and registration take time.
5. Completion documents
Depending on the property, the seller may need to provide documents such as:
- original title
- signed transfer
- identification documents
- PIN certificate
- consent where applicable
- rates or rent clearances where applicable
- other documents required for registration
The current State Department for Lands transfer page lists the core government requirements at lands.go.ke/land-transfers.
6. Vacant possession and occupation
For developed or occupied property, the agreement should make clear when the buyer gets possession and what happens to existing occupants.
This is especially important for rental property.
7. Default clauses
Read what happens if the buyer or seller fails to perform.
Do not assume every deposit is automatically refundable or automatically forfeited. The wording of the agreement and the circumstances matter.
8. Conditions that must happen first
A transaction may depend on a search, consent, discharge of a bank charge, subdivision or another event.
Where that is important, the agreement should deal with it clearly.
Do due diligence before signing
A well-drafted agreement does not fix a bad title or the wrong parcel.
Run the ownership and property checks first. See our property due diligence checklist and land search guide.
For the transfer costs after agreement, see land transfer costs in Kenya.