1. Introduction
Welcome to Tujenge Homes Ltd. We are a real estate company specializing in the buying and selling of land in Kenya. By engaging in any transactions with us, you agree to the following terms and conditions. These terms are designed to protect both the buyer and the company and ensure a transparent and fair process in all real estate transactions.
2. Agreement to Terms
By paying any amount towards the purchase of land based on an offer letter from Tujenge Homes Ltd., you agree to these terms and conditions. This agreement is legally binding even if a formal sale agreement has not yet been signed. The terms outlined here will prevail in case of any discrepancies or disputes arising from the transaction.
3. Payment and Non-Refundable Deposits
3.1 Payment Methods: Payments can be made via bank transfer, cheque, or any other method agreed upon by Tujenge Homes Ltd. All payments should be made to the official company accounts only.
3.2 Non-Refundable Payments: All payments made towards the purchase of land are non-refundable. By making a payment, you acknowledge that you have read, understood, and agreed to these terms. This applies to all payments, including deposits, installment payments, and lump-sum payments.
3.3 Acknowledgment of Payment: Upon receipt of payment, Tujenge Homes Ltd. will issue a receipt to the buyer. This receipt will confirm the amount paid and the remaining balance, if any.
4. Offer Letter and Sale Agreement
4.1 Offer Letter: The offer letter provided by Tujenge Homes Ltd. outlines the terms of the proposed sale, including the price, description of the property, and payment terms. Acceptance of the offer letter through payment constitutes acceptance of these terms and conditions.
4.2 Sale Agreement: The formal sale agreement must be signed within a specified period, usually 30 days, from the date of the initial payment. This agreement will detail the final terms of the sale, including the transfer of ownership, payment schedule, and any other relevant conditions.
5. Substitution of Land
5.1 Conditions for Substitution: In the event that a formal sale agreement is not signed within the specified period, the buyer may be offered substitute land of equivalent value to the amount paid. This substitution is at the sole discretion of Tujenge Homes Ltd. and is the only form of compensation available. Cash refunds will not be provided.
5.2 Acceptance of Substitution: The buyer must accept the offered substitute land within 30 days of notification. Failure to accept the substitute land within this period will result in forfeiture of the amount paid.
6. Forfeiture of Amounts Paid
6.1 Forfeiture Terms: If a formal sale agreement is not signed within one month of the initial payment, and any outstanding balance remains unpaid, the amount paid will be forfeited. Tujenge Homes Ltd. will have no further obligation to the buyer regarding the forfeited amount.
6.2 Notification of Forfeiture: Tujenge Homes Ltd may notify the buyer in writing of the forfeiture. This notification will be sent to the contact information provided by the buyer at the time of payment.
7. Legal Recourse
7.1 Waiver of Court Recourse: By agreeing to these terms, you waive the right to seek legal recourse in a court of law to reclaim any amount paid. Any disputes will be resolved through internal mechanisms provided by Tujenge Homes Ltd. or through the offer of substitute land.
7.2 Dispute Resolution: Any disputes arising from these terms will be handled through arbitration or mediation as per the regulations of the Lands Act of Kenya. This process will be binding and final.
8. Compliance with the Lands Act
8.1 Legal Framework: These terms and conditions comply with the Lands Act of Kenya and other relevant laws. Tujenge Homes Ltd. ensures all transactions are conducted within the legal framework governing land sales in Kenya.
8.2 Regulatory Compliance: All transactions must comply with due diligence requirements as stipulated in Kenyan law. This includes conducting comprehensive land searches, ensuring proper registration of interests, and adhering to timelines and completion dates.
9. Documentation and Due Diligence
9.1 Required Documents: The buyer is responsible for providing all necessary documents for the completion of the transaction. This includes identification documents, proof of payment, and any other documents requested by Tujenge Homes Ltd.
9.2 Due Diligence by Tujenge Homes Ltd.: Tujenge Homes Ltd. will conduct thorough due diligence on the property being sold. This includes verifying ownership, checking for any encumbrances, and ensuring all legal requirements are met.
9.3 Due Diligence by Buyer: The buyer is responsible for conducting their own due diligence before making any payment. This includes:
- Reading and Understanding Terms: Ensuring they have read and fully understood these terms and conditions.
- Property Inspection: Visiting and inspecting the property to verify its condition and suitability.
- Verification of Information: Confirming the accuracy of all information provided by Tujenge Homes Ltd. regarding the property.
The responsibility for proper due diligence lies solely with the client. Tujenge Homes Ltd. will not be held liable for any losses or damages resulting from the buyer’s failure to perform their due diligence.
10. Notifications and Communication
10.1 Method of Communication: All communications, including notices of forfeiture or substitution offers, will be made in writing and sent to the contact information provided by the buyer. It is the buyer’s responsibility to ensure that their contact details are up to date.
10.2 Acknowledgment of Notices: The buyer must acknowledge receipt of any notices within 14 days. Failure to do so may result in further action as outlined in these terms and conditions.
11. Amendments
Tujenge Homes Ltd. reserves the right to amend these terms and conditions at any time. Any changes will be communicated to the buyers in writing and will take effect immediately upon such notification. It is the buyer’s responsibility to stay informed of any changes to these terms.
12. Governing Law
These terms and conditions are governed by the laws of Kenya. Any disputes arising from these terms will be subject to the jurisdiction of Kenyan courts, notwithstanding the waiver of court recourse as detailed above.
13. Acceptance
By making any payment towards the purchase of land from Tujenge Homes Ltd., you confirm your acceptance of these terms and conditions. This acceptance is binding and enforceable under the laws of Kenya.
14. Contact Information
For any questions or clarifications regarding these terms and conditions, please contact us at:
Tujenge Homes Ltd
Cell: 0711 430 961
Email: legal@tujengehomes.co.ke