Return Policy
1. Introduction and scope
This policy explains when money paid to or through Flama Properties is refundable, how much, and how fast. It applies to every payment made for a property listed on flamaproperties.com or arranged by our team in Kenya.
Flama Properties acts as an agent. We market, sell and let land and houses on behalf of property owners (“Owners”), and we help buyers and tenants (“Clients”) find, secure and complete those transactions. In most cases we do not own the property. Some money we receive is ours (our fees). Other money we hold only on behalf of an Owner (deposits and purchase money).
The policy covers:
- Sale of land and houses
- Rental of houses, apartments and commercial space
- Leasing of land (agricultural, commercial or residential use)
- Fees paid by Owners who list with us
Where a signed sale agreement, tenancy agreement, lease or agency mandate sets different terms, the signed agreement prevails over this policy for that transaction.
2. Definitions
| Term | Meaning |
|---|---|
| Viewing / site visit fee | A fee paid to arrange a physical visit to a property or plot, covering transport and staff time |
| Booking / reservation fee | A sum paid to take a property off the market for a set period while the Client completes checks or arranges finance |
| Deposit (sale) | Part of the purchase price paid on signing a sale agreement, usually 10% |
| Rent deposit | A security sum held during a tenancy, refundable at the end subject to deductions |
| Holding fee (rental) | A sum paid to secure a rental unit before the tenancy agreement is signed |
| Commission | Our professional fee for concluding a sale or letting, as set out in the agency mandate |
| Third-party costs | Payments to others, such as official searches, surveyors, valuers, advocates, stamp duty and county rates |
| Owner | The seller, landlord or lessor we act for |
| Client | The buyer, tenant or lessee |
3. Property sales (land and houses)
3.1 Booking or reservation fee
A booking fee holds a property for 14 days unless agreed otherwise in writing. It is deducted from the purchase price if the sale goes ahead.
| Situation | Refund of booking fee |
|---|---|
| Official search shows the title is not clean (charge, caveat, caution, dispute, wrong owner or wrong size) | 100% |
| Owner withdraws the property or sells it to someone else | 100% |
| Property is materially different from the listing (size, location, access, approvals) | 100% |
| Client’s bank or SACCO declines financing, with written proof, within the booking period | 100% less third-party costs already incurred |
| Client changes their mind within the booking period | 50%, unless the receipt states the fee is non-refundable |
| Client does not sign the sale agreement by the end of the booking period, with no valid reason above | Not refundable |
3.2 Deposit and purchase money
Once a sale agreement is signed, the deposit and any further instalments are governed by that agreement. Under Kenyan law, a contract for the sale of land must be in writing and signed by both parties.
We recommend paying the deposit to the advocates’ client account or to a designated escrow account, not to an individual. Where Flama Properties holds the deposit as stakeholder, we release it only as the sale agreement directs.
The usual position, unless the agreement says otherwise, is:
- Sale fails for a reason on the Owner’s side (title defect, refusal to transfer, failure to obtain Land Control Board consent): the full deposit is refunded to the Client.
- Client withdraws without lawful cause: the Owner may keep the forfeiture amount stated in the agreement, usually up to 10% of the purchase price. Any balance above that is refunded.
- Land Control Board consent is refused for agricultural land: all money paid is refundable to the Client, as the Land Control Act requires.
3.3 Due diligence
We encourage every buyer to carry out an official search at the Ministry of Lands (via ardhisasa.lands.go.ke where available), a site visit and, for land, a survey check of the beacons before paying a deposit. Costs of these checks are paid to third parties and are not refundable by Flama Properties.
4. House and apartment rentals
4.1 Holding fee before move-in
A holding fee secures a unit for up to 7 days while the tenancy agreement is prepared. It is credited to the first month’s rent or deposit when the Client signs.
| Situation | Refund of holding fee |
|---|---|
| Landlord lets the unit to someone else or withdraws it | 100% |
| Unit is not ready on the agreed move-in date, or differs materially from what was shown | 100% |
| Client cancels within 48 hours of paying | 75% |
| Client cancels after 48 hours but before signing | 50% |
| Client does not sign or pay within the holding period | Not refundable |
4.2 Rent deposit at the end of a tenancy
The rent deposit (usually one or two months’ rent, plus any water or electricity deposit) is refundable when the tenancy ends, provided that:
- The tenant has given the notice period set in the tenancy agreement (usually one month)
- All rent and utility bills are paid up to the exit date
- The unit is returned in the condition it was let, apart from fair wear and tear
- Keys, access cards and remotes are handed back
Allowed deductions: unpaid rent, unpaid water, electricity or service charges, repair of damage beyond fair wear and tear, replacement of lost keys or cards, and repainting where the agreement requires it. Each deduction is listed in writing, with receipts or quotations.
Timeline: the balance is refunded within 14 days of the move-out inspection, or within the period in the tenancy agreement if shorter. Where Flama Properties manages the unit, we hold and refund the deposit. Where the landlord holds it, we follow up on the tenant’s behalf.
4.3 Rent paid in advance
Rent already paid for a period the tenant occupies is not refundable. If the landlord ends the tenancy early through no fault of the tenant, unused rent paid in advance is refunded in full.
5. Land for lease or rent
Land leases (for farming, storage, commercial yards or development) usually involve a lease fee paid per season or per year, sometimes with a security deposit.
| Situation | Refund |
|---|---|
| Owner cannot give vacant possession, or the land is under dispute, caveat or someone else’s occupation | 100% of all sums paid |
| Land size, access or water source differs materially from what was agreed | 100%, or a pro-rata reduction if the Client chooses to continue |
| Lessee cancels before taking possession, with at least 30 days’ written notice | Lease fee refunded less a 10% administration fee |
| Lessee cancels with less than 30 days’ notice, or after taking possession | Unused lease period is not refundable unless the lease says otherwise |
| End of lease, land returned as agreed | Security deposit refunded in full within 14 days |
Crops planted, fencing, boreholes or structures put up by the lessee are dealt with under the lease agreement. Where the lease is silent, the lessee may remove them before handing back the land, but is not entitled to compensation for them.
Leases of agricultural land may need Land Control Board consent. If consent is refused, all money paid is refunded.
6. Non-refundable fees
The following are not refundable once the service has been provided:
- Viewing and site visit fees, once the visit has taken place. If we cancel a visit, or the property is unavailable when you arrive, the fee is refunded in full or moved to another visit at your choice.
- Commission once it has been earned, meaning the sale agreement or tenancy agreement has been signed.
- Third-party costs already paid on your behalf: official searches, surveyor and valuer fees, advocates’ fees, stamp duty, Land Control Board fees, county rates and transfer fees. Refunds of these depend on the third party, and we will help you request them where possible.
- Bank, M-Pesa and transfer charges on the original payment or the refund.
No refund is due where the Client gave false information, used a fake identity or document, or broke the law in the transaction.
7. Fees paid by property owners
| Fee | Refund position |
|---|---|
| Listing or marketing fee (photography, video, featured listing, adverts) | Refundable in full if we have not started marketing. Once a listing is live or adverts have run, refunded pro rata for the unused part of a paid period, less costs already spent |
| Sales commission | Paid only on completion. Not refundable once the sale completes |
| Letting commission | Paid when the tenant signs. If the tenant leaves within the first 3 months through no fault of the landlord, we will find a replacement tenant at no extra commission |
| Property management fee | Charged monthly in arrears, so there is nothing to refund for future months |
Cancelling a mandate: an Owner may end an agency mandate by giving the notice it states (usually 30 days, in writing). Commission remains payable on any sale or letting to a buyer or tenant we introduced during the mandate, if it completes within 6 months after the mandate ends.
8. How to request a refund
- Email or WhatsApp us with the subject “Refund request”, your full name, phone number and the property reference or address.
- Attach proof of payment: an M-Pesa message, bank slip or our official receipt.
- State the reason, with any supporting document (search result, bank decline letter, move-out inspection report).
- We acknowledge your request within 2 working days and give a decision within 7 working days.
- Approved refunds are paid within 14 working days of the decision, unless a signed agreement sets another date.
Refunds go back to the person who paid, using the original method (M-Pesa or bank transfer) wherever possible. We do not pay refunds in cash or to a third party unless the payer authorises it in writing.
Where money is held by an advocate or escrow agent, they make the refund under the sale agreement. We will follow up with them on your behalf.
9. Protect yourself: official payment channels only
Property fraud is common in Kenya. To protect you, Flama Properties will never ask you to pay into a personal M-Pesa number or a private bank account.
- Pay only to the official Paybill, Till number or company bank account listed on flamaproperties.com or printed on our letterhead and receipts.
- Always ask for an official receipt for every payment.
- Never pay a deposit before viewing the property and seeing an official search.
- If anyone claiming to work for us asks for payment elsewhere, call our office on our listed number before paying.
We cannot refund money paid to an account or person that is not an official Flama Properties channel. We will, however, help you report the matter to the police and to your bank or Safaricom.
10. Disputes, governing law and contact
Disputes. If you disagree with a refund decision, write to our management within 14 days. We will review it and reply within 10 working days. If it is still unresolved, either party may refer the matter to mediation before going to court.
Governing law. This policy is governed by the laws of Kenya, including the Law of Contract Act, the Land Act 2012, the Land Registration Act 2012, the Land Control Act, the Estate Agents Act and the Consumer Protection Act 2012. Nothing in this policy limits your rights under Kenyan consumer law.
Personal data. Information you give us for a refund is handled under the Data Protection Act 2019 and our Privacy Policy.
Changes. We may update this policy from time to time. The version on our website on the day you paid applies to that payment.
Contact us
- Email: info@flamaproperties.com
- Phone / WhatsApp: +254715885476
- Office: Garden City Nairobi
- Website: flamaproperties.com
