BUY KENYA – TERMS AND CONDITIONS
Last Updated: April 5, 2025
Operated by: HOMEION OWNERSHIP PARTNERS LTD
Trading as: BUY KENYA
Website: www.buykenya.com
Email: [email protected] | Phone: +254 758 212858
Registered in Kenya under Company No: PVT***********
Physical Address: Nairobi, Kenya
1. Introduction
Welcome to BUY KENYA, Kenya’s premier luxury real estate platform. These Terms and Conditions (“Terms”) govern your use of our website (www.buykenya.com ), services, communications, and all interactions with BUY KENYA (a brand of HOMEION OWNERSHIP PARTNERS LTD).
By accessing our site, submitting inquiries, or engaging our services, you agree to be legally bound by these Terms. If you do not agree, please discontinue use immediately.
These Terms apply to:
- Property buyers and investors (local and diaspora)
- Users browsing listings, contacting agents, or requesting information
- Clients using buyer representation, off-plan, legal, or relocation services
We reserve the right to update these Terms at any time. Continued use constitutes acceptance.
2. Definitions
- “We,” “Us,” “Our,” “BUY KENYA”: HOMEION OWNERSHIP PARTNERS LTD
- “You,” “Your”: The user, client, or visitor to our website or services
- “Services”: Property search, buyer representation, investment consulting, legal verification, diaspora support, off-plan coordination, relocation, and related offerings
- “Listings”: Properties advertised on our website, whether owned by third-party sellers or developers
- “Transaction”: Any property purchase, reservation, or agreement facilitated through BUY KENYA
- “Website”: www.buykenya.com and all subdomains, mobile apps, and digital platforms operated by us
3. Use of Website & Account Registration
You may browse listings without registration. However, to:
- Save searches
- Request property details
- Book viewings
- Submit offers
- Access off-plan portals
…you must register an account. You agree to:
✅ Provide accurate, current, and complete information
✅ Maintain and promptly update your details
✅ Keep your login credentials secure
✅ Notify us immediately of unauthorized access
We reserve the right to suspend or terminate accounts for fraud, misuse, or violation of these Terms.
4. Accuracy of Listings & Disclaimer
All property listings on BUY KENYA are submitted by sellers, landowners, or developers. While we conduct initial verification, including title checks and physical inspections where possible, we do not guarantee:
- The accuracy, completeness, or timeliness of listing details (price, size, location, features)
- That a property is free from encumbrances, disputes, or zoning restrictions
- That images, videos, or descriptions reflect the exact current condition
BUY KENYA acts as a facilitator, not a principal. We are not liable for omissions, errors, or misrepresentations made by third parties.
You are encouraged to conduct independent due diligence before making any decision.
5. Buyer Representation & Agency Relationships
When you engage BUY KENYA for buyer representation:
✅ We act as your non-exclusive agent in sourcing, negotiating, and securing property
✅ Our advice is based on market data, experience, and verified insights
✅ We disclose known conflicts of interest (e.g., affiliated developers)
✅ We do not represent sellers unless explicitly agreed otherwise
We are not responsible for decisions made solely on verbal assurances not reflected in written agreements.
6. Off-Plan & New Development Investments
For off-plan purchases:
✅ We partner only with pre-vetted developers who provide valid approvals from NEMA, county governments, and the National Construction Authority (NCA)
✅ All payments are made directly to developer escrow accounts unless otherwise instructed
✅ We monitor construction progress and share updates upon request
✅ Delivery timelines are based on developer commitments — delays may occur due to regulatory, financial, or force majeure events
BUY KENYA does not guarantee project completion, ROI, or rental yields. Investment carries risk.
7. Fees, Payments & Refunds
A. Service Fees
- Most advisory and property search services are free to buyers
- Buyer representation, legal coordination, and diaspora support may incur fees disclosed upfront
- Premium services (relocation, concierge, investor portfolio management) are billed separately
All fees are outlined in a Service Agreement signed prior to engagement.
B. Payment Methods
We accept:
- Bank transfers (Kenyan and international SWIFT)
- Mobile money (M-Pesa, Airtel Money)
- Cheques (for local clients)
- Escrow services (recommended for high-value transactions)
Payments to third parties (sellers, developers) are handled per contractual terms.
C. Refund Policy
- Service fees are non-refundable once work has commenced
- Advance deposits to developers are refundable only per their cancellation policy
- In cases of fraud or misrepresentation proven against us, we will cooperate in recovery efforts
8. Legal Due Diligence & Land Verification
BUY KENYA offers professional land verification services, including:
- Physical site visits
- Title deed authentication at the Ministry of Lands
- Search for caveats, charges, or court orders
- Confirmation of rates clearance and development approval
While we strive for 100% accuracy, we are not advocates or conveyancers. We recommend engaging an independent lawyer for full legal review before transfer.
We are not liable for forged documents, systemic registry errors, or undisclosed family claims beyond public records.
9. Diaspora Services & Remote Transactions
For clients outside Kenya:
✅ We facilitate remote viewings via live video, drone footage, or 3D tours
✅ Handle communication across time zones
✅ Coordinate legal, banking, and title transfer processes locally
✅ Provide trusted local contacts (surveyors, contractors, property managers)
You acknowledge that international wire transfers may incur bank fees and take 3–7 business days.
10. Intellectual Property
All content on www.buykenya.com — including text, photos, videos, logos, floor plans, and branding — is the exclusive property of BUY KENYA or its licensed partners.
You may: ✅ Share listings with proper attribution
✅ Use content for personal, non-commercial purposes
You may not: ❌ Reproduce, copy, or redistribute content without written permission
❌ Use photos or descriptions for resale, advertising, or misleading promotions
❌ Scrape, crawl, or extract data from our website
Violations will result in legal action under the Copyright Act, Kenya.
11. User Conduct & Prohibited Activities
You agree not to:
- Submit false, misleading, or fraudulent information
- Impersonate another person or entity
- Use the platform for money laundering, scams, or illegal purposes
- Send spam, phishing messages, or bulk emails through our systems
- Reverse engineer, hack, or disrupt our website or databases
We may report suspicious activity to authorities, including the DCI or ODPC
12. Limitation of Liability
To the fullest extent permitted by Kenyan law, BUY KENYA and HOMEION OWNERSHIP PARTNERS LTD shall not be liable for:
- Indirect, incidental, or consequential damages (e.g., lost profits, emotional distress)
- Errors or omissions in property listings
- Delays or failures due to third parties (developers, banks, government agencies)
- Acts of God, political unrest, pandemics, or other force majeure events
- Actions taken by users based on information provided
Our total liability for any claim arising from these Terms shall not exceed KSh 50,000 (or equivalent in foreign currency).
13. Indemnification
You agree to defend, indemnify, and hold harmless BUY KENYA, its directors, employees, and affiliates from any claims, losses, damages, liabilities, costs, or expenses (including legal fees) arising from:
- Your breach of these Terms
- Misuse of our website or services
- Fraudulent representations made by you
- Unauthorized use of property images or data
14. Dispute Resolution & Governing Law
- These Terms are governed by the laws of the Republic of Kenya
- Any dispute shall first be resolved through mediation in Nairobi under the auspices of the Centre for Alternative Dispute Resolution (CADR)
- If unresolved within 30 days, the matter may proceed to the Kenyan courts with jurisdiction in Nairobi
Class actions or arbitration are not permitted.
15. Termination
We may suspend or terminate your access to BUY KENYA services if you:
- Violate these Terms
- Engage in fraudulent or unlawful behavior
- Fail to pay agreed fees
- Harm our reputation or operations
You may terminate your engagement with 7 days’ written notice.
16. Entire Agreement
These Terms, along with our Privacy Policy, Cookie Policy, and any signed service agreements, constitute the entire agreement between you and BUY KENYA regarding your use of our services.
No oral statements or prior policies override this document.
17. Severability
If any provision of these Terms is found invalid or unenforceable by a Kenyan court, the remaining provisions shall remain in full effect.
18. Contact Us
For questions, complaints, or clarifications regarding these Terms:
📧 Email: [email protected]
📞 Phone: +254 758 212858 (Mon–Fri, 8:00 AM – 6:00 PM EAT)
📍 Office: Orchid By Kaisa, Nairobi, Kenya
Formal notices should be sent via registered mail to:
The Data Protection & Legal Officer
HOMEION OWNERSHIP PARTNERS LTD
P.O. Box 1500-00200, Nairobi, Kenya