Dated this………....................................day of…..........…….....................………..

, 2023

AGREEMENT FOR SALE

Between
MARC PIERRE GEORGES RIGUADIS

(as the “Vendor”)

-and-

MATHIAS LODER

(as the “Purchaser”)

-of-

A plot of land known as Plot No. KWALE/EDIANI S.S/2387

(the “Property”)

Page | 1
 REPUBLIC OF KENYA

AGREEMENT FOR SALE

THIS AGREEMENT made in Nairobi this..….. …..… day of …….…. … … … 2023

Between:
(1) MARC PIERRE GEORGES RIGUADIS PP/No. ……………………………of Post Office Box
…………….. in the Republic of Kenya (hereinafter called the “Vendor” which expression shall
where the context so admits include his personal representatives and assigns) of the one part;
AND
(2) MATHIAS LODER PP/No……………….. of Post Office Box 1015-20020 Kericho, in the Republic of
Kenya (hereinafter called the “Purchaser” which expression shall where the context so admits
include their personal representatives and assigns) of the other part.

WHEREAS:
(A) The Vendor is registered as the Leasehold proprietor of ALL THAT parcel of land known as LR
NO. KWALE/EDIANI S.S/2387, measuring approximately 0.05 Hacters situated in Malindi
together with the improvements, fixtures and fittings therein (hereinafter called the “Property”).

(B) The Vendor has agreed to sell the Property to the Purchaser, and the Purchaser has agreed to
purchase the Property at an agreed purchase price of Kenya Shillings Eighteen Million
(Kshs.18,000,000/=) only on the terms more specifically set out herein below.

IT IS HEREBY AGREED as follows:

1. Definitions and Interpretation

1.1 Unless the contrary intention appears, the following definitions apply: (a) “Completion
Date” means 90 days from the date of signing this agreement
(b) “Completion Documents” means the documents enumerated in clause 4.1 hereunder;

(d) “Purchase Price” means Kenya Shillings Eighteen Million

(Kes. 18,000,000/=) only.

1.2 The clause and paragraph headings are for ease of reference only and are not to be considered in
the interpretation of the provisions to which they refer.

1.3 Each of the provisions of this Agreement is severable and distinct from the others, and if at any
time one or more of those provisions is or becomes invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

1.4 This Agreement constitutes the entire agreement of the parties with regard to its subject matter and
supersedes and cancels all previous negotiations and agreements save where the parties by their
consent have executed an addendum.

2. Agreement for Sale and Purchase

2.1 The Vendor has agreed to sell, and the Purchaser has agreed to purchase the Property from the
 Vendor.

2.2 The interest in the Property to be sold is freehold.

3. Price

3.1. The Purchase Price for the Property is Kenya Shillings Eighteen Million (Kes. 18,000,000/=) only
(the "Purchase Price").

4. Completion Arrangements

4.1 On or before the Completion Date, and provided the Purchaser shall have paid the Purchase Price
as provided for in clause 3.1 and the same received by the Vendor in full, the Vendor shall
immediately release to the Parties Advocates the following Completion Documents in respect of
the Property under sale: -

a) Certified letter of Power of Attorney for the Vendor’s nominee where applicarle;
b) The original Certificates of Titles in respect of the Property;

b) Duly executed Transfer of the Property under sale in triplicate in favour of the Purchaser or
the Purchaser’s nominee(s);

c) Original Land Rent Clearance Certificates (if applicable) in respect of the Property;

d) Original Rates Clearance Certificates of the Property;

e) Letters of Consent to transfer the Property;

f) Certified copy of the KRA PIN certificate;

g) Three coloured passport-size photographs of the Vendor;

h) Original rates and rent payment receipts in respect of the Property for the year 2023;

i) All other document(s) in respect of the Property which are in the

Vendor’s possession;

4.2 The Parties Advocates shall undertake and complete the valuation, stamping and registration of the
Transfer of the Property in the Purchaser or his nominee(s) names within ten (10) days of receipt of
the Completion Documents aforesaid. The Vendor will be at liberty to utilize the purchase price upon
the expiry of the said period of ten (10) days unless the Purchasers will have notified the Vendor in
writing of any complication that would affect the said process within the said period of ten (10)
days.

5. Possession

5.1 The Property is sold in vacant possession consisting of a five-bedroomed house with furniture, a two-
cars garage, staff quarters, swimming pool, and a shallow well.
5.2 The Vendor shall give vacant possession of the Property to the Purchaser immediately upon receipt
by the Vendor of the entire Purchase Price in accordance with the Agreement for Sale.
6. Default in Completion

6.1. If either party fails or has failed to comply in any respect with the obligations under this Agreement
for Sale on the Completion Date (or such later date as the parties may agree in writing), the other
party may:

6.1.1. Defer Completion on such terms as it/he may require (and the provisions of the clause shall apply
to Completion);

6.1.2. Proceed to Completion so far as practicable but without prejudice to its/her rights hereunder or
otherwise.

7. General Matters Subject to relating to the Property under sale

7.1 The Property is sold subject to the condition’s restrictions and other matter subject to which the
Vendor hold their leasehold interest but otherwise free from all encumbrances.

7.2 The Property is sold in the condition it stands and the Vendor shall not be liable to repair, renew or
improve the same.
8. Costs
8.1 Each party shall bear its Advocates’ costs in respect of this Agreement and this transaction.

8.2 The Purchaser shall bear the costs of all stamp duty and registration fees payable with respect to the
Transfer of the Property.

8.3 The Vendor shall bear the costs of procuring the documents set out in clause
5.1 above.

9. Representations and Warranties

9.1 The Purchaser acknowledges that no statement or representation, whether oral or written,
previously made to it, or to any person concerned on his behalf, by or for the Vendor, its agents or
other person acting for the Vendor, has induced them to enter into this Agreement.

9.2 The Property is free from any charge, lien or any other encumbrance securing the repayment of
monies or other obligation or liability of the Vendor or any other person.

9.3 The Vendor hereby warrants that it is the registered proprietor of the freehold interest in the
Property, and is capable of transferring the same to the Purchaser.
10. Incorporation of the Law Society Conditions
10.1 The sale is subject to the Law Society Conditions of Sale (2015 Edition) in so far as they are not
inconsistent with or excluded or amended by the provisions of the Agreement.

11. General

11.1 Time shall be of the essence of this Agreement, both as regards the dates and periods specifically
mentioned and as to any dates and periods which may be substituted by agreement in writing
between or on behalf of the Vendor and the Purchasers.
11.2 No failure or delay by the Vendor or the Purchaser in exercising any right, remedy, claim, power or
privilege under this Agreement shall operate as a waiver nor shall any single or partial exercise of
any right, remedy, claim, power or privilege preclude any further exercise thereof or the exercise of
any other right, remedy, claim power or privilege.

11.3 No amendment to this Agreement shall be effective unless executed in the same manner as this
Agreement.

11.4 The Agreement contains the entire Agreement between the parties relating to the transaction
contemplated herein and supersedes all previous agreements (if any) whether written or oral
between the parties in respect of such matters save an addendum executed by the parties herein.

IN WITNESS whereof the Vendor and Purchaser have hereunto set their respective hands on the
day and year first herein before written.

SIGNED by the VENDOR

NAME )………………………………….
at Nairobi this ……………….…. day of )
……………………………………….2023 )
)
In the presence of Advocate: - )
)
)
)
)
)
SIGNED by the PURCHASER

NAME )…………………………………
at Nairobi this ……………….…. day of )
……………………………………….2023 )
)
In the presence of Advocate: - )
)