TERMS AND CONDITIONS

 

last updated: January 2026

1. Introduction and Acceptance of Terms
 
These Terms and Conditions govern your use of the services provided by LANDS KENYA, a real estate agency and land brokerage operating in Kenya since 2015. By engaging with our website, visiting our offices, or instructing us to assist you with a property transaction, you confirm that you have read, understood, and agree to be bound by these terms. If you do not agree with any part of these terms, you should not use our services. These terms are designed to be fair and transparent, reflecting our commitment to ethical business practices under Kenyan law.
 
2. Definitions and Interpretation
 
In these Terms and Conditions, unless the context otherwise requires:
  • “Agency,” “We,” “Us,” or “Our” refers to LANDS KENYA.
  • “Client,” “You,” or “Your” refers to any individual or entity that uses our services.
  • “Property” means any parcel of residential or commercial land marketed by us.
  • “Services” means the marketing, facilitation of site visits, coordination of due diligence, and related support we provide.
  • “Advocate” means a legal practitioner licensed to practice law in Kenya.
  • “Title” refers to the official record of ownership for a property as maintained at the Ministry of Lands.
 
Headings are for convenience only and do not affect the interpretation of these terms. Words in the singular include the plural and vice versa.
 
3. Scope of Services
 
Our core service is to connect buyers and sellers of land in Kenya. This includes marketing verified properties, arranging physical or virtual site visits, coordinating the due diligence process, and facilitating communication between parties. We also provide support to diaspora clients who wish to purchase land remotely. Our role is strictly that of an intermediary and facilitator; we do not act as a principal in any transaction.
 
4. Role and Limitations of LANDS KENYA
 
LANDS KENYA is a licensed real estate agency operating under the Estate Agents Act. We are not a law firm, a financial institution, or a government body. We do not provide legal, financial, tax, or valuation advice. Our function is to market property and facilitate the transaction process. All legal advice must be obtained from your own independent, licensed advocate. We rely on information provided by sellers and official records from the Ministry of Lands, but we do not guarantee its absolute accuracy or completeness beyond our verification process.
 
5. Client Obligations and Responsibilities
 
As a client, you are responsible for providing accurate and complete information about your needs and financial capacity. You must conduct your own independent investigations and seek your own professional advice before making any binding commitment to purchase or sell property. You are responsible for paying all agreed fees, commissions, and any associated costs such as legal fees, stamp duty, and registration fees as they become due.
 
6. Verification, Due Diligence, and Third-Party Reliance
 
We undertake a verification process for every property we list, which includes a physical site visit and a title search at the Ministry of Lands. However, this process is a facilitation service and not a substitute for the full due diligence that a prudent buyer must undertake through their own advocate. We rely on the accuracy of information from public registries and from sellers. We are not liable for errors or omissions in these third-party sources.
 
7. Property Information and Accuracy Disclaimers
 
All property descriptions, photographs, maps, and other information on our website or in our communications are provided for general guidance only. While we strive for accuracy, we do not warrant that this information is error-free or that the property will be suitable for your specific purposes. The definitive source of information regarding a property’s boundaries, size, zoning, and legal status is the official record at the Ministry of Lands and the County Government planning department.
 
8. Fees, Commissions, and Payments
 
Our commission structure is agreed upon in writing with each client before we commence work. For buyers, our services may be free if the seller has engaged us, or a fee may apply as disclosed upfront. All payments for property must be made through secure, traceable banking channels into a designated client account. We will provide a clear breakdown of all costs associated with a transaction, including our commission, legal fees, and government levies.
 
9. No Legal or Financial Advice Disclaimer
 
It is hereby expressly stated that nothing we say or do constitutes legal, financial, tax, or investment advice. The decision to buy or sell land is a significant one that carries legal and financial consequences. You must consult with your own qualified professionals before proceeding. We strongly encourage every client to engage an independent advocate to review all documents and advise on their rights and obligations.
 
10. Consumer Rights and Protections
 
Your rights as a consumer are protected under the Constitution of Kenya and the Consumer Protection Act. You have the right to receive clear, accurate, and timely information about our services and any property we market. You are protected from unfair trade practices and misleading representations. These terms are drafted to comply fully with these laws and to ensure a fair and transparent relationship between us.
 
11. Limitation of Liability (Lawful and Reasonable)
 
To the fullest extent permitted by Kenyan law, our total liability to you for any claim arising from or related to our services shall be limited to the amount of commission paid to us for the specific transaction in question. We will not be liable for any indirect, incidental, or consequential losses, including loss of profit, opportunity, or data, that may arise from your use of our services or from any property transaction. This limitation does not apply to liability for death or personal injury caused by our negligence, or for any liability that cannot be lawfully excluded.
 
12. Indemnity Provisions
 
You agree to indemnify and hold harmless LANDS KENYA, its directors, employees, and agents from and against any claims, demands, losses, liabilities, costs, or expenses (including legal fees) arising out of your breach of these terms, your misuse of our services, or any false or inaccurate information you provide to us.
 
13. Data Protection and Privacy Obligations
 
We are committed to protecting your personal data in accordance with the Data Protection Act, 2019. We collect and process your data only for legitimate purposes related to providing our services, such as facilitating a property transaction or responding to your inquiries. We will obtain your consent where required and will store your data securely for no longer than necessary. You have the right to access, correct, or request the deletion of your personal data. Our full privacy policy, which forms part of these terms, provides more detail on how we handle your information.
 
14. Confidentiality
 
We will treat all non-public information you provide to us as confidential and will not disclose it to third parties except as required by law, with your consent, or to our professional advisors (like our advocates) who are also bound by confidentiality. This obligation of confidentiality will survive the termination of our engagement.
 
15. Intellectual Property
 
All content on our website, including text, graphics, logos, and images, is the property of LANDS KENYA or its licensors and is protected by Kenyan and international copyright laws. You may not use, reproduce, or distribute this content without our prior written permission.
 
16. Use of Website and Content
 
You may use our website for lawful purposes only. You agree not to use it in any way that could damage, disable, or impair its functionality. You are responsible for ensuring that any information you submit through the website is accurate and not defamatory or unlawful.
 
17. Third-Party Links and Services
 
Our website may contain links to third-party websites or references to third-party service providers (such as advocates, surveyors, or banks). These links are provided for your convenience only. We do not control, endorse, or accept any responsibility for the content, policies, or practices of these third parties. Your use of their services is at your own risk.
 
18. Diaspora Transactions and Remote Engagement
 
We have a dedicated process for supporting clients who are not resident in Kenya. This includes virtual site visits, secure electronic document handling, and coordination with local professionals. You acknowledge that while we will use our best efforts to represent the property accurately, the ultimate responsibility for verifying the property rests with you and your appointed representative in Kenya.
 
19. Complaints Handling and Dispute Resolution
 
If you have a complaint about our services, please contact us in writing at our registered office address. We will acknowledge your complaint within seven days and aim to resolve it fairly and promptly. If we cannot resolve the matter to your satisfaction, you have the right to escalate your complaint to the relevant regulatory body, such as the Estate Agents Registration Board, or to seek redress through the Kenyan courts.
 
20. Governing Law and Jurisdiction (Kenya)
 
These Terms and Conditions, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the laws of Kenya. The parties irrevocably submit to the exclusive jurisdiction of the courts of Kenya to settle any such dispute or claim.
 
21. Amendments and Updates
 
We reserve the right to amend these Terms and Conditions from time to time to reflect changes in our services, legal requirements, or industry best practices. The updated terms will be posted on our website with a revised effective date. Your continued use of our services after the effective date constitutes your acceptance of the new terms.
 
22. Termination of Engagement
 
Either party may terminate the engagement for our services at any time by providing written notice to the other party. Termination will not affect any rights or obligations that have accrued prior to the date of termination, including the obligation to pay any outstanding fees for services already rendered.
 
23. Force Majeure
 
We shall not be liable for any failure or delay in performing our obligations under these terms if such failure or delay is caused by circumstances beyond our reasonable control, including acts of God, war, strikes, pandemics, or government actions.
 
24. Severability
 
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
 
25. Contact Information
 
For any questions regarding these Terms and Conditions, please contact us at: LANDS KENYA Email: sales@lands.co.ke Website: lands.co.ke

Trusted nationwide for land transactions defined by integrity and experience

9 West Westlands, Nairobi-Kenya

Let's Talk

We’re ready to assist with your land inquiry at your convenience.

© 2025 MyHome – Real Estate WordPress Theme. All rights reserved.