Legal
Terms of Engagement
These standard terms apply to every instruction accepted by Landspace Consultants Limited unless varied in the signed letter of engagement.
1. Acceptance of instructions
Instructions are accepted only in writing and are confirmed by a signed letter of engagement stating the client, the subject property, the purpose and basis of value, the date of valuation, the fee and the scope of inspection. No liability attaches to Landspace Consultants Limited in respect of work carried out before written confirmation.
2. Standards applied
All valuations are prepared in accordance with the IVSC International Valuation Standards, the RICS Valuation — Global Standards (Red Book) and guidance issued by the Institution of Surveyors of Kenya, and are signed by a Valuer registered under the Valuers Act (Cap 532).
3. Basis of value and assumptions
Unless otherwise stated the basis of value is Market Value. Reports are prepared on the assumption that title is good and marketable, that the property is free of undisclosed encumbrances, that no deleterious materials are present, and that all statutory approvals for the existing use and development have been obtained. We do not undertake structural, environmental, geotechnical or title investigations.
4. Inspection
Inspections are limited to those parts of the property that are readily accessible without undue risk. Areas not inspected are assumed to be in a condition consistent with those inspected. Floor areas are measured or taken from drawings supplied by the client and are stated on the applicable measurement basis.
5. Reliance and third parties
A report is prepared for the named client and the stated purpose only. No responsibility is accepted to any third party unless reliance has been expressly agreed in writing. Reports may not be reproduced in whole or in part, nor referred to in any published document, without prior written consent.
6. Indicative online estimates
Figures produced by the online estimate tool are indicative desktop guidance derived from generalised county rate bands. They involve no inspection, no title review and no market evidence analysis, do not constitute a valuation under Cap 532, and may not be relied upon for lending, transfer, taxation, accounting, insurance or litigation purposes.
7. Fees and payment
Fees are quoted in accordance with the scale prescribed under the Valuers Act, or on an agreed lump-sum or time-cost basis where the scale does not apply. Disbursements including search fees, travel and statutory charges are billed at cost. Invoices are payable within thirty days of issue; reports are released on settlement unless credit terms have been agreed.
8. Liability and indemnity
The Firm maintains professional indemnity insurance cover in accordance with statutory and regulatory requirements. Liability in respect of any instruction is limited to the level of that cover and is confined to the client and any party to whom reliance has been granted in writing.
9. Confidentiality and conflicts
Client information is held in confidence subject to statutory disclosure obligations. A conflict check is carried out before instructions are accepted; where a conflict is identified it is disclosed and the instruction declined or handled under agreed information barriers.
10. Complaints and governing law
Complaints should be submitted in writing and will be acknowledged within five working days and concluded within thirty days. Unresolved matters may be referred to the Valuers Registration Board or the Institution of Surveyors of Kenya. These terms are governed by the laws of Kenya.
