Agreement for Sale of leasehold Land – Individual – Pro Purchaser
This is a pro-purchaser agreement between two individuals (natural persons).
It relates to the sale and purchase of land whose tenure is leasehold, meaning that the vendor holds/owns the land for a limited period of time subject to payment of annual rent as compared to a fee simple/absolute tenure which has no such term and rent limitations.
In many cases, the lessor is normally the Government of Kenya. However county governments as well as private individuals and entities also lease out land subject to certain conditions. The title document in question will normally guide as to who the lessor is and what the terms, such as rent payable, are.
This agreement contains warranties which protect the purchaser in case the vendor breaches any of them in that the purchaser can claim damages from the vendor.
The warranties subsist even after the completion of the sale and purchase transaction in that a purchaser will be entitled to claim damages at any time a warranty is breached. However, in some instances, the warranties are normally limited to the completion of the sale and purchase transaction.