Bought a house thru mortgage by my employer(a bank.House was advertised thru our office nb and deal sealed in oct 2009 and my employer duly paid stamp duty and valuation fees same month. we waited for transfer of property and charging it to my employer so that pmt would be released to sellers lawyers.meanwhile seller arranged for me to move in on january 2010(as in take possesion)as other legal processes proceeded in finalizing the deal. Then all of a sudden hell broke loose, title docs got lost and for the whole of 2010 its been hide and seek with both the sellers and new lawyers who keep changing day by day.My conveyancing lawyers assured me that all is ok and my entittlement to the property is secure but just the other day received a vacate notice and note of unwillingness to proceed with the transaction.Good pple the same propery in the same location now costs more by 1.5m and i bealive this is the main driving factor for the greedy sellers.Good pple do i have a recourse or have been screwd up big time.Traumatised keraka.

Do you have the sale agreement? who breached the agreement? What are the terms of the sale agreement? Do you have evidence of you trying to make the seller meet his part of the bargain, eg chasing him around to get him to transfer the documents and all? What did the exit clause of the Agreement say?

Worst case scenario is that he refuses to proceed with the transaction, he refunds all your expenses plus interest if that is what the exit clause stipulates. this includes the stamp duties paid and everything. You have to have proof of the same though. He can not charge you for staying in the house because you took possession with the understanding that the process will take off and you didnt enter into any agreement with him on rent the house.

To all: its very very veeeerrry important to read any sort of agreement that you are asked to sign.... it could come haunting you later!

Thanks people
@nostopingthis
The title had not been transferred in my name.The property is within Nairobi,Eastlands for that matter.
@ Wendz
Yes we have a duly signed sale agreement but there was no termination/exit clause.The sellers are intentionally tryng to breach the agreement maybe hoping to get a better deal now that the property prices have gone up.
Yes I know that am entitled to refunds incase the agreement is cancelled but i dont want to go that route coz ave wasted my time persuing the same and my cashflows cannot enable me buy property in the same area given current prices so better to the end if at all i stand some chance of success.
Now one thing am contemplating stoping to pay rent coz we had no agreement on the same and the rent ave been paying them is just on a gentlemans agreement, not on paper,question is do they have a recourse to throw me out.

Better talk to your advocates but if at all times you were ready to or had fulfilled your obligations on the contract then you have a case for specific performance. If on the other hand you elect not to insist on specific performance then you can claim for damages for breach of contract part of which shall be the 1.5 million plus it would cost you to get a similar property.

@Keraka,

So you expect the guy to keep the house exclusively for you yet you have not paid a deposit on it? Something does not add up here.No wonder you are paying rent. What consideration had you put in place for the house to the seller? I have seen a situation where a seller, when unable to get outright purchases, especially where the place is a 'new' area will opt to entice people to even rent the houses first then they have an option to buy. When the guys are in the houses, the seller can then get serious buyers at better offers as the buyers now find a 'developed' place i.e matatus, dukas etc. At this point, the seller then kicks out any tenant and sells he houses at the prevailing market price with all the utilities.