Real Estate and Construction Law

The simple act of buying and selling land in Kenya is fraught risk. Where a proper due diligence is not carried out, there is a danger of buying property with multiple title allocations or where the chain of ownership is tainted with fraud or illegality.

SMC Law has in-depth knowledge of the prevailing land laws to assist on the practical aspects of the entire process. With an understanding that even the smallest error or misjudgment can lead to unprecedented losses and even a breakdown in the deal, we ensure that clients walk into a transaction with eyes wide open seeing the full scope of possibilities.

Tied with this is our projects and construction law practice. We offer legal advice and service pertaining to:

  • Legal due diligence in respect of real estate assets advising on squatter issues, agricultural land, land-holding by foreigners, change of user processes, easements and encumbrances.
  • Drafting property sale and purchase agreements
  • Attending to completion matters including liaising with counterparties such as banks where the purchases are financed
  • Transfer of property and registration formalities
  • Structuring residential estate developments and the key commercial contracts underlying the projects such as preliminary contracts between the developer and the contractor and agreements for lease. All matter pertaining to real estate transaction support are in our area of expertise.
  • Advising on residential and commercial leasing law and drafting and/or registration relevant lease, license and tenancy documents
  • FIDIC or JCT form contracts for contractors or consultants and advising on important attendant issues such as delay claims, defects liability
  • Protections under project contracts – preparing performance bonds, advance payment guarantees – as well advising on the requisite insurances

Let us help you!

If you need any helps, please feel free to contact us. We will get back to you with 1 business day. Or if in hurry, just call us now.

Call: +254 717 773 916

info@smc-legal.com Mon – Fri 09:00-17:00

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