Terms and Conditions

Last Updated: November 29, 2025

These Terms and Conditions govern your use of our real estate agency services and website. By using our services, you agree to be bound by these terms.

1. Definitions

  • “Agency” refers to our real estate agency business
  • “Client” refers to property buyers, sellers, landlords, and tenants
  • “Property” refers to real estate listed through our services
  • “Services” refers to real estate agency, property management, and related services
  • “Website” refers to our online platform and mobile applications

2. Agency Services

2.1 Scope of Services

We provide the following services:

  • Property listing and marketing
  • Property viewings and inspections
  • Negotiation and transaction facilitation
  • Property management services
  • Valuation assistance and market analysis
  • Legal and financial advisory referrals

2.2 Agency Relationship

Our agency relationship is governed by:

  • The Estate Agents Act (Cap 533) of Kenya
  • Professional standards and codes of conduct
  • Individual service agreements with clients

3. Property Listings

3.1 Accuracy of Information

  • We strive to ensure property information is accurate and current
  • Property details are provided by owners and third parties
  • We do not guarantee the accuracy of all information
  • Clients must verify all details independently
  • Property availability and prices are subject to change

3.2 Property Viewing

  • Viewings are by appointment only
  • Valid identification is required for all viewings
  • Clients must be accompanied by our authorized agents
  • Photography or recording during viewings requires consent

4. Fees and Commissions

4.1 Agency Fees

  • Commission rates are as per individual agreements
  • Standard commission: 2-5% of property value (negotiable)
  • Rental commission: Typically one month’s rent
  • Fees are payable upon successful transaction completion
  • All fees are subject to applicable taxes

4.2 Payment Terms

  • Payment is due within 14 days of invoice
  • Late payments may incur interest at 2% per month
  • Disputes must be raised within 7 days of invoice

5. Client Obligations

5.1 Information Accuracy

Clients must:

  • Provide accurate and complete information
  • Disclose all material facts about properties
  • Provide valid identification documents
  • Update us promptly of any changes

5.2 Property Sellers/Landlords

Property owners must:

  • Have clear title or authority to sell/rent
  • Disclose all defects and encumbrances
  • Provide accurate property measurements and details
  • Comply with all legal requirements
  • Allow reasonable access for viewings

5.3 Property Buyers/Tenants

Buyers and tenants must:

  • Conduct their own due diligence
  • Obtain independent legal and financial advice
  • Verify all property details and documentation
  • Comply with financing arrangements

6. Exclusivity and Term

6.1 Exclusive Listing Agreements

  • Exclusive listings are typically for 3-6 months
  • Early termination may incur charges
  • Commission is due if property is sold during exclusivity period
  • Exclusivity can be renewed by mutual agreement

7.1 Anti-Money Laundering

We comply with:

  • Proceeds of Crime and Anti-Money Laundering Act, 2009
  • Know Your Customer (KYC) requirements
  • Suspicious transaction reporting obligations

7.2 Property Laws

All transactions must comply with:

  • Land Act, 2012
  • Land Registration Act, 2012
  • Physical and Land Use Planning Act, 2019
  • County government regulations
  • Stamp Duty Act

8. Liability and Disclaimers

8.1 Limitation of Liability

  • We act as intermediaries and agents only
  • We are not liable for property defects or misrepresentations
  • We do not guarantee transaction completion
  • Maximum liability is limited to fees paid to us
  • We are not liable for indirect or consequential losses

8.2 Professional Indemnity

  • We maintain professional indemnity insurance
  • Claims must be notified within reasonable time
  • Insurance coverage limits apply

9. Intellectual Property

9.1 Website Content

  • All website content is our intellectual property
  • Property listings may not be reproduced without permission
  • Unauthorized use may result in legal action

9.2 Property Marketing Materials

  • Marketing materials remain our property
  • Photos and descriptions are licensed for listing purposes only

10. Data Protection

  • Your personal information is processed as per our Privacy Policy
  • We comply with the Data Protection Act, 2019
  • You have rights regarding your personal data

11. Dispute Resolution

11.1 Negotiation

  • Disputes should first be addressed through direct negotiation
  • Written notice of disputes must be provided within 14 days

11.2 Mediation

  • Unresolved disputes may be referred to mediation
  • Mediation costs are shared equally

11.3 Arbitration

  • Disputes may be referred to arbitration under the Arbitration Act, 2995
  • Arbitration will be conducted in Nairobi, Kenya
  • The decision of the arbitrator is final and binding

11.4 Jurisdiction

  • These terms are governed by the laws of Kenya
  • Kenyan courts have exclusive jurisdiction

12. Termination

12.1 By Client

  • Services may be terminated with 30 days’ written notice
  • Fees for work completed remain payable
  • Exclusive agreements may have early termination penalties

12.2 By Agency

We may terminate services if:

  • Client breaches these terms
  • Client provides false information
  • Professional relationship becomes untenable
  • Required by law or regulation

13. General Provisions

13.1 Amendments

  • We may update these terms with notice
  • Continued use constitutes acceptance of changes

13.2 Severability

  • Invalid provisions do not affect remaining terms
  • Invalid provisions will be replaced with valid alternatives

13.3 Waiver

  • Failure to enforce rights does not constitute waiver
  • Waivers must be in writing

13.4 Entire Agreement

  • These terms constitute the entire agreement
  • Supersede all prior agreements and understandings

13.5 Assignment

  • You may not assign rights without our consent
  • We may assign our rights to affiliated entities

14. Contact Information

For questions about these Terms and Conditions:

Legal Department Email: legal@todo.co.ke Phone: +254 XXX XXX XXX Address: [Your Business Address], Kenya

Regulatory Bodies:

  • Estate Agents Registration Board
  • Kenya Property Developers Association (KPDA)

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.