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AGREEMENT FOR SALE

THIS AGREEMENT is made ..day of 2009 between:


1. EDWARD WACHIURI NJOROGE I/D Card No 1866158 (the Vendor) of
Box 1988, Nakuru and

Post

2. JECINTER ADOYO HEZRON I/D Card No. 14544994 (the Purchaser ) of


Post Office Box Number 74478-00200 Nairobi.
IT IS

AGREED as follows:

1. Definitions and interpretation


1.1(a) Completion Date means Ninety days
Agreement

from the date

1.1.(b) Property means L.R NO. 209/8524/31 situate at


South C

of this

Nairobi

1.1.(c) Purchase Price means Eight Millions , five Hundred


Thousands (Kshs. 8.5 M)
1.1.(d) Vendors Advocates are Messrs Kamau
Kinga & Co
rd
Advocates, Watersys Plaza, 3 floor, Biashara Street, P.O Box
11343-00400, Nairobi
1.1.(e) Purchasers Advocates are Messrs Kamau Kinga &
Company Advocates, Watersys Plaza, 3rd floor, Biashara Street,
P.O Box 11343-00400, Nairobi
1.1.(f) Where the context so admits the expressions the Vendor
and the Purchaser include the personal representatives of
the Vendor and Successors in the title of the Purchaser
respectively;
1.1.(g) The clause headings do not form part of this agreement
and shall not be taken into account in its construction or
interpretation
2. Agreement for sale
2.1 The Vendor shall sell and the Purchaser shall
Property at the aforesaid Purchase Price.
2.2 The interest sold
unexpired period.

in

leasehold

for

purchase the

the remainder of the

3. Completion
3.1 The Purchaser shall pay to the Vendor ten percent
of the purchase price on execution of this agreement
to enable him to acquire the necessary consents and
for him to clear the outstanding rates and rent.
3.2 The Purchaser shall pay the outstanding amount with
Housing Finance in the sum of Kshs.1,029,159/20/= as at
31.11.2009 to enable it to discharge the property
3.3 That the Vendor shall present the following documents
registration of the transfer in favor of the purchaser :
a. Duly executed Transfer in favour
b. The

for

of the purchaser

Original Certificate of Title

c. Duly Completed

valuation

form for Stamp duty purposes

d. A copy of the Vendors PIN Certificate


e. Pass port size coloured photographs
f. A copy of

the Vendors Identity Card.

g. Clearance

Certificates

3.4 That the financier messrs Housing finance shall forward the
balance of the purchase price to the Vendor on successful
registration of the charge in its favour.
4. Possession
The Purchaser shall take possession on
favour.
5. Matters affecting the Property
5.1 The Property is sold

registration

of the transfer

in her

subject to:

5.1. (a)

all subsisting
any ); and

easements

and

rights

of way (if

5.1. (b)

all the Acts reservations stipulations , conditions and


other matters contained or implied in the title
but otherwise from the encumbrances

6. Disclaimer
6.1 The

Purchaser

admits that:

6.1.(a) She has inspected the Property and Purchases it with


full knowledge of its actual state and condition
and shall take the Property as it stands:
6.1(b)

She enters into this agreement solely as a result


of her own inspection and on the basis of the Vendor
or anything whatsoever subject to the agreement; and

6.1.(c) The purchaser confirms that she has carried a


thorough search in respect of the Property and
she is satisfied
with its condition
7. Non merger
The Provisions of this agreement shall not merge on completion of the sale
and Purchase of the Property so far as they remain to be observed or
performed .
7.1 The Law Society Conditions of Sale (1989 Edition ) shall apply
to this Agreement in so far as they are not varied by or
inconsistent with the terms of this agreement
8. Miscellaneous
8.1

No failure or delay to exercise any power, right or remedy


shall as a waiver of that right , power or remedy and no
single or partial exercise of any right , power or remedy shall
preclude its further exercise of any other right, power or remedy

8.2 The rights and remedies provided in this agreement are


cumulative and not exclusive of any rights or remedies
provided by law.
8.3 If any term or condition of this agreement shall to any extent
be found or held to be invalid or enforceable , the parties
shall negotiate in good faith to amend such term or condition
so as to be valid and enforceable.
9.4 If any term or condition of this agreement shall to any
extent be invalid or unenforceable , the remainder of this
agreement shall not be affected and each other term shall be
valid and enforceable to the fullest extent permitted by law.

IN WITNESS this

agreement has

Signed by EDWARD WACHIURI


In the presence of;

been duly executed

NJOROGE }
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Advocate
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Signed by JECINTER ADOYO HEZRON
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In the presence of
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Advocate
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DRAWN BY
Kamau Kinga & company,
Advocates,
Watersys Plaza,
3rd floor,
Biashara Street,
P.O Box 11343-00400,
NAIROBI