A Sale Agreement for Land and Apartment Purchases in Kenya is the foundation of any property transaction in Mombasa and the Coastal region. Whether you are buying land for development, investing in a beachfront property in Diani, or acquiring a sectional title apartment in Nyali, Bamburi, Shanzu, Tudor, or Kizingo, your transaction must be anchored on a properly drafted and legally compliant Sale Agreement.
Unfortunately, many property buyers at the Coast lose money or face endless delays because they relied on informal promises, rushed deposits, or unsigned drafts that do not offer meaningful legal protection. In Kenya, property transactions are not enforced on goodwill. They are enforced on compliance with the law, and the most important legal starting point is Section 3(3) of the Law of Contract Act (Cap. 23).
This guide explains what the law requires for a valid Sale Agreement for land, apartments, and other property interests in Kenya, in a way that is practical for buyers in Mombasa, Kilifi, Kwale, and the wider Coastal region.
Why the Sale Agreement is the Most Important Document in a Property Purchase
A Sale Agreement is not just a formality. It is the legal instrument that defines the transaction and secures the buyer’s rights. It confirms the specific property being sold, fixes the price and payment structure, sets timelines, and outlines remedies if either party defaults. In real terms, it is the document that determines whether a buyer can compel transfer, recover a deposit, or enforce completion where a seller becomes uncooperative.
For buyers purchasing property in Mombasa and the Coastal region, this is especially important because transactions may involve brokers, family-owned land, absentee vendors, and properties with complex ownership history. A buyer who proceeds without a legally compliant agreement exposes themselves to unnecessary risk, regardless of how attractive the deal may appear.
The Legal Position: Section 3(3) of the Law of Contract Act
Kenyan law imposes strict requirements for contracts relating to land and property interests. Under Section 3(3) of the Law of Contract Act, a contract for the disposition of an interest in land cannot be enforced unless it meets mandatory legal conditions.
In simple terms, the law requires three core elements for a valid Sale Agreement in a land or apartment purchase. The agreement must be in writing, it must be signed by the parties, and the signatures must be properly attested (witnessed). These requirements are not technicalities. They are legal thresholds. If they are not satisfied, a buyer may find it difficult—sometimes impossible—to enforce the transaction in court, even after making payments.
Requirement One: The Sale Agreement Must Be in Writing
A valid Sale Agreement for land or apartments in Kenya must be reduced into writing. Verbal promises, phone calls, and WhatsApp messages do not provide the level of legal certainty required for property transactions. At the Coast, buyers are often urged to “secure the deal” with a quick deposit and sign documents later, but this approach is risky because the law expects the contract itself to be formally documented.
A written agreement provides clarity on the exact property being purchased, the agreed consideration, the completion timeline, and the obligations each party must meet before transfer. Without that clarity, disputes arise easily and enforcement becomes an uphill task.
Requirement Two: The Sale Agreement Must Be Signed by All Parties
The Sale Agreement must be signed by the seller and the buyer. Where there is more than one seller, every registered proprietor must sign. This is critical in Coastal transactions where property is commonly held jointly by spouses, siblings, or family members, and where one person may attempt to transact without the full authority of the others.
For apartment purchases in Mombasa—especially where units are sold by couples, business partners, or companies—proper execution confirms that the correct party is committing to transfer legal ownership. A signature is not merely ink on paper. It is the legal confirmation that the transaction is binding, deliberate, and enforceable.
Requirement Three: The Signatures Must Be Attested (Witnessed)
Under the Law of Contract Act, signatures on the Sale Agreement must be attested. This means the parties should sign in the presence of a witness, and that witness should attest to the signature. Attestation enhances the evidentiary strength of the agreement and reduces disputes relating to authenticity, forgery, or denial of execution.
In Mombasa and the Coastal region—where fraudulent transactions sometimes occur through forged identities or impersonation—proper witnessing is a practical layer of protection. A buyer should treat attestation as part of the legal validity of the agreement, not as an optional formality.
What a Strong Sale Agreement Should Also Capture (Buyer Protection)
While the Law of Contract Act sets the minimum enforceability requirements, a well-drafted Sale Agreement should do much more than satisfy formality. A buyer-focused agreement should clearly describe the property and anticipate practical completion issues, especially in coastal conveyancing where rates, rent, documentation and compliance can affect timelines.
A professional Sale Agreement should clearly provide for the identity of the property (including the title number and location), the purchase price, the deposit and balance payment structure, the completion period, the completion documents the seller must supply, and the consequences of breach by either party. For apartment purchasers, it is also important that the agreement deals with possession, vacant possession, handover conditions, and any relevant management company arrangements where applicable.
These provisions help eliminate ambiguity. They reduce delay. Most importantly, they protect the buyer’s money by ensuring that obligations are structured and enforceable.
The Most Common Buyer Mistake in Coastal Property Purchases
The most expensive mistake many buyers make is paying a deposit before signing a properly executed Sale Agreement. Whether you are buying land in Mombasa, a plot in Kilifi, or a sectional title apartment in Nyali, any significant payment should only be made after the agreement is legally compliant and properly executed.
A serious seller should not resist signing a proper agreement. If a vendor keeps postponing execution, avoiding witnesses, or insisting on upfront payments without documentation, the buyer should treat that as a serious red flag and seek legal guidance immediately.
Conclusion: A Valid Sale Agreement is the Starting Point of a Safe Property Purchase
A property purchase in Mombasa and the Coastal region should be handled with structure, professionalism, and legal precision. Under Section 3(3) of the Law of Contract Act, a valid Sale Agreement for land or apartments must be in writing, signed by all parties, and properly witnessed. These requirements are the foundation of enforceability.
Beyond legal validity, a buyer should insist on an agreement that is comprehensive and protective, setting out clear terms on payment, completion, documentation, and default remedies. When done correctly, the Sale Agreement becomes more than a contract—it becomes your security as a buyer and your legal shield throughout the transaction.
If you are buying land or an apartment in Mombasa or anywhere within the Coastal region, the safest decision you can make is to ensure that your Sale Agreement is professionally drafted, legally valid, and tailored to the realities of Coastal property transactions. Get in touch with our team of real estate lawyers in Mombasa for a customized guidance
