Refund & Liquidation

Naiva Land Mark Properties operates within the specialized and high-stakes sector of the Kenyan real estate market, where financial transactions often involve significant capital outlays and complex legal transfers. This Refund and Cancellation Policy is designed to provide absolute clarity regarding the conditions under which funds may be returned to a client or held as liquidated damages. We recognize that property acquisition is a journey that can be impacted by various personal and economic factors. However, because real estate involvements trigger immediate administrative costs, legal filings, and the withdrawal of assets from the active market, we must balance client flexibility with the operational stability of our firm. This policy serves as a definitive guide for all stakeholders, ensuring that financial expectations are managed with transparency, professionalism, and strict adherence to the contractual obligations established at the onset of every professional engagement with our brokerage and management teams.

In the context of Kenyan property law and standard brokerage practices, the "Commitment Deposit" is treated as a formal signal of a buyer's intent to proceed with a specific transaction. Upon payment of this deposit, Naiva Land Mark Properties immediately incurs expenses related to reserving the plot or unit, generating offer letters, and suspending marketing efforts for that specific asset. Consequently, all commitment deposits are strictly non-refundable should the buyer decide to withdraw from the transaction for personal reasons or lack of financing. This protocol ensures that sellers and the firm are protected against "speculative booking" where property is held without a genuine path to closure. We encourage all prospective buyers to ensure their financial readiness before making this initial payment, as these funds are immediately allocated toward the administrative lifecycle of the sale and represent a binding financial covenant that validates the professional seriousness of the offer presented to the property owner.

While our baseline policy emphasizes the finality of real estate payments, we operate in total compliance with the Consumer Protection Act and the Land Act of the Republic of Kenya. Statutory refund claims are recognized only in instances where there is a proven material misrepresentation of the property’s legal status or physical condition that was not disclosed during the due diligence period. If a title search reveals a pre-existing encumbrance that renders the transfer impossible, and Naiva Land Mark Properties is unable to rectify the issue within the contractually agreed period, the client is entitled to a full refund of the purchase price paid to the firm. This legal safety net ensures that our clients are never penalized for systemic errors or legal deficiencies inherent in the asset itself. We view this as a vital component of our integrity-driven model, providing a transparent pathway for capital recovery in rare cases where the legal sanctity of a transaction is compromised by factors beyond the client’s control.

Whenever a refund is authorized under the specific conditions outlined in this policy, Naiva Land Mark Properties reserves the right to deduct a standard "Administrative Processing Fee" from the total amount. This fee covers the labor-intensive tasks of auditing the transaction history, legal consultation fees, bank transfer charges, and the clerical costs of reversing entry records in our accounting systems. We maintain that while the principal amount may be returned, the costs incurred by the firm in managing the failed transaction must be recovered to prevent operational loss. The deduction is calculated as a percentage of the transaction value or a fixed flat rate, depending on the stage of the property acquisition at which the cancellation occurred. This transparent deduction logic ensures that the firm can sustain its high level of professional service for all clients while maintaining a fair and equitable approach to the dissolution of problematic or mutually terminated property agreements.

Clients utilizing our property management services are subject to a specialized cancellation framework that reflects the ongoing nature of the relationship. To terminate a management mandate, clients must provide a minimum of sixty days' written notice to info@naivalandmarkproperties.co.ke. During this notice period, management fees remain payable in full as our team prepares handover documentation, final utility reconciliations, and tenant transition reports. Any management fees paid in advance for periods following the successful completion of the notice period are refundable to the landlord, provided all outstanding balances and technical maintenance costs incurred during our tenure have been settled. This structured exit strategy prevents disruptions to tenant welfare and ensures that the transition of management back to the owner or to a new agency is conducted with the same level of professional rigor that we apply to our daily operations, safeguarding the long-term value of the real estate asset.

Naiva Land Mark Properties implements a swift and transparent protocol for the rectification of erroneous overpayments. In instances where a client mistakenly transfers funds in excess of the invoiced amount—whether through mobile money platforms or bank wire transfers—the excess amount is eligible for an immediate refund. The client must submit a formal "Request for Refund of Overpayment" accompanied by a valid transaction receipt and proof of identity. Upon verification by our finance department, the refund will be processed via the same channel through which the original payment was received. We do not permit the diversion of these refunds to third-party accounts to prevent potential money laundering or fraudulent diversions. This policy ensures that honest errors are corrected with minimal friction, reinforcing our commitment to financial transparency and ensuring that our clients’ capital is handled with the highest level of fiduciary responsibility and ethical care throughout their engagement with us.

In the rare event that a real estate transaction is made impossible due to "Force Majeure" or sudden changes in government land policy—such as the unexpected gazettement of land for public use or the imposition of new environmental restrictions—Naiva Land Mark Properties will act as a mediator to facilitate the recovery of funds from the seller. While the firm cannot be held liable for sovereign acts of the state or natural disasters that alter the land's utility, we pledge our full professional support in navigating the legal channels for compensation. In such cases, our commission fees may be converted into "Service Credits" that the client can apply toward a future property acquisition within our portfolio. This approach acknowledges the shared risk inherent in land ownership and ensures that our clients are not left to navigate complex government-induced cancellations alone, providing a professional safety net that prioritizes the long-term preservation of the client’s investment capital.

Transparency in timelines is a core component of our financial integrity. Once a refund has been officially approved in writing by our legal and financial directors, Naiva Land Mark Properties commits to a disbursement timeline of between fourteen and twenty-one business days. This duration allows for the necessary inter-bank clearances, internal audit validations, and the physical preparation of payment instruments where required. We reject the practice of "stalling" approved refunds; however, we must adhere to these timelines to ensure that every disbursement is correctly recorded and compliant with Kenyan financial reporting standards. Clients will receive an automated notification once the funds have been released from our accounts. By setting these clear expectations, we minimize anxiety for the client and ensure that our treasury department operates with the precision required to manage the significant cash flows characteristic of the Kenyan real estate and property development industry.

If a client disagrees with a decision made regarding a refund or cancellation, we provide a tiered dispute resolution process. In the first instance, the client should submit a formal appeal to our Dispute Resolution Desk. Our team will conduct an independent review of the file, examining all signed sale agreements, communication logs, and payment records. If the matter remains unresolved after this internal review, both parties agree to enter into professional mediation in Nairobi, conducted by a neutral third party with expertise in Kenyan real estate law. This structured approach prevents the escalation of financial disagreements into costly and protracted litigation, ensuring that both the firm and the client can reach a resolution that is fair, evidence-based, and respectful of the contractual terms originally agreed upon. We believe that professional real estate services require a mature and transparent approach to financial conflict, and we are committed to resolving all contests with integrity and legal speed.

Once a "Mutual Termination and Release Agreement" has been signed by both Naiva Land Mark Properties and the client, the financial terms outlined in that specific document shall supersede all general policies. This final point emphasizes that specific negotiated settlements regarding refunds are binding and represent the total and final reconciliation of all claims. Clients who accept a partial refund or a settlement credit as part of a mutual termination waive any further rights to pursue additional claims through legal or administrative channels. We believe that this finality is necessary for both parties to achieve closure and move forward with their respective business and personal endeavors. Naiva Land Mark Properties prides itself on reaching amicable settlements that reflect the realities of the market while respecting the client’s contribution. By signing off on a termination agreement, you signify that the reconciliation is satisfactory and that the professional relationship has been concluded in a manner that is legally sound, ethically transparent, and financially definitive.