Terms & Conditions

1.    Pata Hao General terms and conditions.

1.1 These Pata Hao Terms and Conditions govern the legal relations in an online residential real estate site for home buyers, sellers, renters and     real estate professionals in the Kenya. It lists properties for sale and rent as well as tools and information needed in the home search process. The individual who downloads this app is responsible for maintaining the preferred better business behavior conduct. Pata Hao is an open honest and corruption free environment for people and companies to carry out business. Pata Hao does not own any of the properties listed on the app. We only provide the environment for your visibility on the big world wide web.

2.   Definition of terms

The terms used in these Terms and Conditions, shall mean:

1.2 The real estate agent is a natural person, who carries out brokering for the Real estate agent or land lord on the basis of a contract or other legal basis and the license acquired by the competent ministry for the provision of brokerage, and is entered in the real estate brokers directory at the competent ministry.

1.3 The client is a natural or legal person concluding a brokerage contract with the Real estate agent, and for which the Real estate agent provides services of brokerage in real estate transactions.

1.4 The land lord is a person who the Real estate agent is trying to get in touch with for the client, in order to negotiate among themselves the conclusion of the real estate contract.

1.5  and the client in the brokerage contract. has no right to claim a reduction of the commission documents relating to the Real estate contract

3. Protection of the interests of the client and impartiality in brokerage

1.6. The Real estate agent shall comply with the interests of the client in the performance of brokerage services and shall acquaint the client in a suitable manner with all the circumstances that are important for the realization of his interests.

4. Receiving money in trust and the method of payment for brokerage services

1.7. The real estate agent is not authorized to accept money on behalf of the client or land lord, neither in order to hand it over to the Real estate agent for safekeeping, nor on the basis of payment of commission or reimbursement of expenses. The client is under no obligation to make payments on the Pata Hao site. All transactions that take place between the client, agent and land lord are here by the sole decision on the parties involved Pata Hao does not act or receive any payments or money other than but only for services provided.

5. Protection, processing and use of personal and confidential data

1.8. All information and data acquired by Pata Hao from the client and Real estate agent are confidential and are subject to professional secrecy, except for information and data that are publicly available.

1.9. The Real estate agent undertakes not to continue copying the identity document of the client or the third party. The Real estate agent is not allowed to keep a copy of the identity document in electronic form.

1.10. The Real estate agent is committed to protect all personal information in accordance with the rules on personal data protection. Personal data will be used only for the purpose of the establishment, implementation, modification and termination of the services.

 

Kenya Real Estate: Buying - Selling Laws & Procedures

Land Registration
In Kenya, land is registered under:

Land Control Act

Foreign & local investment of real estate in Kenya: the process

Under the new Constitution, non-citizens and companies with shareholders who are non-citizens are barred from owning property on freehold tenure. The law allows them to own property on lease for a period that does not exceed 99yrs.

Property identification

Once an investor has searched for and identified a suitable property, he or she should strive to visit and assess the real estate to ensure that:

Note: there is a viewing fee applied when visiting properties for sale. Fees vary by type and size.

Conducting requisite search
A lawyer or the buyer must then obtain copies of the National Identity Card and property title from the seller and carry out requisite searches at lands office and Registration of Persons Bureau.


Results from the search should show

Additionally, it is important to:

Negotiation and sale agreement

Satisfactory preliminary checks should be followed by negotiations about terms of sale between the buyer and seller with the presence of their respective legal team.

A sale agreement contains

When both parties accept the sale agreement, they execute it with the buyer signing first followed by the seller. Finally money changes hands.

Transfer of property ownership and stamp duty

Once the buyer’s advocate has prepared the transfer, both parties approve and sign.

  1. The seller is responsible for acquiring every requisite completion document needed to effect property registration to the buyer.
  2. The buyer is then liable for the stamp duty fees payable to the Kenya Revenue Authority in line with Chapter 480 in the Stamp Duty Act of laws of Kenya.
  3. Prior to determination of duty, the seller must apply for property valuation by lodging signed valuation for stamp duty form and transfer of property form to the Land Office.
  4. A stamp duty declaration, assessment and pay-in slip is then filled at Lands Office.

Once stamp duty is obtained and transfer process is complete, law requires that transfer documentations together with the following documents are booked for registration:

Property registration: the final stage of property transfer

When the buyer obtains the registered property transfer, the law advises verifying registration of the same by conducting a property search.

Permission to develop

In case the property owner intends to develop the purchased property, he or she is required to go to relevant local authority and get requisite development authorization.

Often, the owner will be requested to: