These Terms and Conditions (“Agreement”) govern the provision of real estate agency services by Arcpost Real Estate (“Arcpost”) to its clients (“Client” or “you”). This document outlines the general obligations, liabilities, and procedures for engaging with Arcpost for the sale, purchase, or lease of property in Kenya.
1. Definitions and Interpretation
- Arcpost/Agent: Arcpost Real Estate, operating from The Plains House, Karen Rd, 1st Floor RM 10, and its duly licensed representatives.
- Client: The individual, company, or entity engaging Arcpost for real estate services (selling, buying, or leasing).
- Property: Any land, residential unit, commercial space, or development listed or sought by the Client through Arcpost.
- Commission: The fee payable to Arcpost by the Client for the successful completion of a transaction, as agreed upon in a separate, specific Agency Agreement.
- Governing Law: The Laws of the Republic of Kenya.
2. General Obligations of Arcpost
Arcpost commits to acting with professionalism, due diligence, and in the best interests of the Client, subject to the Laws of Kenya and the Estate Agents Act (Cap 533). Arcpost’s duties generally include:
- Marketing & Listing: Using reasonable efforts to market the Property, including listing on online platforms, handling inquiries, and coordinating viewings.
- Due Diligence: Assisting the Client in performing or procuring an official search (for buyers) or providing necessary documentation (for sellers) to verify the legal status of the Property.
- Negotiation: Facilitating negotiations between the parties involved to achieve a mutual and legally binding agreement.
- Confidentiality: Maintaining the confidentiality of the Client’s personal and financial information, except as required by law or necessary for the transaction.
3. Client Obligations and Warranties
The Client hereby agrees and warrants that:
- Authority to Act (Seller/Lessor): The Client is the legal and beneficial owner of the Property or has the full legal authority to sell or lease the Property.
- Accuracy of Information: All information and documents provided to Arcpost regarding the Property (including title status, physical condition, rates, and rent arrears) are true, complete, and accurate.
- Access: The Client shall provide Arcpost and prospective parties reasonable access to the Property for viewings and inspections.
- Legal Counsel: The Client acknowledges that Arcpost is a real estate agency and is not providing legal or financial advice. The Client is strongly advised to seek independent legal counsel (an advocate) before signing any Sale Agreement, Lease Agreement, or Transfer documents, as required under Kenyan law.
4. Commission and Payment
- Payment Structure: The specific Commission rate (percentage or fixed fee) and the party responsible for payment will be defined exclusively in a separate, written Agency Agreement or Commission Agreement signed by both Arcpost and the Client.
- Entitlement: Commission is typically earned and payable upon the successful completion of the transaction, which is generally defined as the unconditional signing of the Sale Agreement and payment of the deposit, or the execution of a Lease Agreement and payment of the first month’s rent and security deposit.
- Closing Costs: The Client is responsible for their respective closing costs, including but not limited to Stamp Duty (Buyer), Capital Gains Tax (Seller), legal fees, and applicable Land Control Board fees.
5. Limitation of Liability and Indemnity
- Due Diligence: Arcpost relies on information and documents provided by the Client or their appointed professionals. While Arcpost exercises due care, it shall not be liable for any loss, damage, or claims arising from defects in the title, inaccuracies in the information provided by the Client, or any breach of contract by third parties (e.g., purchasers or tenants).
- Indemnity: The Client agrees to indemnify and hold harmless Arcpost against any claims, damages, or costs (including legal fees) arising from any breach of the Client’s warranties or obligations under this Agreement.
6. Termination
- General Termination: The term and conditions for the termination of the engagement (e.g., notice period, duration of exclusivity) shall be detailed in the specific Agency Agreement.
- Termination for Cause: Either party may terminate the engagement immediately upon written notice if the other party commits a material breach of this Agreement.
- Post-Termination: Clauses regarding confidentiality, commission entitlement (on introduced clients), and dispute resolution shall survive the termination of this Agreement.
7. Governing Law and Dispute Resolution
- Governing Law: This Agreement shall be governed by and construed in accordance with the Laws of the Republic of Kenya.
- Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall first be referred for resolution through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, the matter shall be referred to Mediation or Arbitration in Nairobi, Kenya, in accordance with the relevant Kenyan laws, as specified in the Agency Agreement.
8. Contact Information
For all official correspondence, notices, and inquiries, please use the following contact details:
| Detail | Contact Information |
| Agency Name | Arcpost Real Estate |
| Address | The Plains House, Karen Rd, 1st Floor RM 10 |
| Phone Number | +254 708 707 798 |
| Email Address | info@arcpost.co.ke |
These Terms and Conditions are subject to change without prior notice. The specific terms of any transaction shall be governed by a separate, legally binding Sale Agreement or Agency Agreement executed between the parties.