Legal Clinic: I want a refund for my four-year-old deposit

We had entered smack into the battlefield.

Photo credit: Nation| Pool

What you need to know:

  • Anchor tenant is one whose presence in a commercial space, building or shopping centre, is likely to attract other businesses.
  • The terms within a contract are binding and performable directions, commitments, duties and demands besides remedies placed on the parties.
  • The cardinal rule in real estate transactions in Kenya demands all such contracts of land and buildings thereon, be in writing.

About four years ago, we paid a deposit to secure space at a mall. Before the mall was completed, the anchor tenant pulled out. The mall also took longer to be completed than expected.  After further assessment and negotiations, we decided to retreat. We were yet to sign the contract. We wrote to the leasing agent and asked for a refund. Their response was that they would only refund after the space is taken. It is more than three years now, and we are worried that we might lose our money. Kindly advise. Can I get a refund?


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