Reservation is the point where many off-plan buyers move from interest to commitment. It can be a useful step because it may hold a unit, confirm the price and give the buyer time to move into agreement review. But it can also become the moment risk enters the transaction if money is paid before the basic facts are written down.
A good reservation process should answer simple questions clearly: which unit is being reserved, at what price, for how long, under what refund terms, into which account, under whose authority and with what next document. If those answers are still vague, the buyer is not reserving a property; they are trusting a sales conversation.
Use this checklist before paying a booking fee, reservation fee or initial deposit on a Nairobi off-plan project. It should sit before payment-plan review and sale-agreement review.
Decision Lens
What a reservation should prove before money moves
The reservation step should narrow uncertainty. If it creates more unanswered questions, the buyer should slow down before the payment becomes emotional.
Unit
IdentifiedThe reservation should name the exact unit, floor or plot, size, parking allocation where relevant, price and inclusions.
Fee
ExplainedThe buyer should know whether the reservation fee is refundable, deductible from the price and what event causes forfeiture.
Account
VerifiedPayment instructions should be written and checked before transfer, especially where agents, developer staff and lawyers are all involved.
Next Step
DatedThe reservation should say when the draft agreement, document review and next payment stage will happen.
Buyer Timing
Reservation should create time for verification, not replace it
The purpose of a reservation is to give the buyer a controlled window to review the transaction. It should not be used to rush legal checks, account confirmation or project verification. A buyer should be especially careful where the reservation payment is presented as small enough not to worry about. Small payments still create psychological commitment.
A reservation form should be specific enough that both sides know what has been held. If it only says a project name and an amount paid, the buyer may still be exposed to later changes in unit selection, price, parking, payment schedule, completion assumptions or refund terms.
The best reservation process is boring in the right way: written unit details, written payment route, written refund position, written next steps and no pressure to bypass independent review.
Unit Lock
The buyer should know exactly what is being held
In apartment projects, the reserved unit should be identified by unit number, floor, layout, size, bedroom type, balcony or terrace position where relevant, parking allocation and view or orientation if these are part of the buying decision. A buyer should be cautious where a project sells a broad category such as 'two-bedroom' without identifying the actual unit.
For townhouses and villas, the reservation should identify the house number, plot or block, land share where applicable, garden position, parking, staff quarter, boundary treatment and any estate-level inclusions. Low-density projects can look similar in brochures while specific units differ materially by privacy, road position, drainage and outlook.
The point is not to make the reservation form as long as the sale agreement. The point is to prevent the buyer from paying to hold something that can later be reinterpreted.
- Confirm unit number, size, floor or plot position.
- Confirm parking, store, balcony, garden or staff-quarter inclusions where relevant.
- Confirm whether the reserved unit is subject to later allocation or substitution.
- Confirm whether price includes VAT, legal fees, parking or other buyer costs if any are being represented.
Booking Fee
Refund terms should be clear before payment
Reservation fees vary by project, but the question is not only the amount. The buyer should know what happens if legal review identifies a problem, if the developer cannot supply documents, if the buyer changes their mind, if the draft agreement differs from the sales promise or if the next payment deadline arrives before the buyer's advocate has finished reviewing.
A non-refundable fee is not automatically wrong, but it must be understood before transfer. Some buyers accept non-refundable terms because the amount feels small compared with the purchase price. That is a mistake if the fee is being used to pressure the buyer into a weak agreement later.
The safer approach is to ask for the refund or forfeiture position in writing before payment. If the answer changes depending on who you ask, the buyer should pause.
From Reservation To Agreement
The draft agreement should follow quickly
A reservation should lead into a document review, not a long quiet period. The buyer should know when the draft sale agreement will be shared, who will issue it, which advocate will act for the seller or developer, and what documents the buyer's advocate can review alongside it.
If the project is still early, the buyer may not receive every final document immediately. But there should still be enough information to understand the title position, developer authority, approvals context, payment plan, expected completion timing, default clauses and handover obligations.
A common risk is that buyers pay to reserve, then discover that the agreement terms are less favourable than the sales conversation. This is why any promise that affects value should be pushed into writing as early as possible.
Remote Buyers
Diaspora reservations need a stricter paper trail
Diaspora buyers often reserve because they fear a unit will be gone before they can travel or send a representative. That fear is understandable, but it should not weaken the process. Remote reservation needs more written evidence, not less.
The buyer should receive the reservation form, payment instructions, account confirmation, unit details, project documents available at that stage, and a clear timeline for advocate review. Video calls and WhatsApp updates can help communication, but they are not a substitute for a written transaction file.
A buyer abroad should also account for currency conversion, transfer limits, bank delays and source-of-funds records. A rushed reservation can become messy when the buyer later needs to prove payment trail and timing.
Red Flags
When reservation should wait
The buyer should wait if the unit cannot be identified, if account details are sent casually, if the reservation fee terms are unclear, if documents are promised only after payment, if the salesperson discourages independent legal review or if the developer cannot explain the next step after reservation.
The buyer should also pause where the reservation form conflicts with the sales conversation. If one document says a fee is refundable and another says it is not, or if completion timing changes between conversations, those contradictions should be resolved before payment.
- Unit details are vague or subject to later allocation.
- Refund terms are verbal or inconsistent.
- Payment instructions are not written and verified.
- No timeline for draft agreement review.
- Urgency is used to avoid document questions.
Buyer Checklist
Reservation checklist before paying
Before the reservation payment, the buyer should be able to answer these questions from written evidence.
Unit And Price
- Exact unit, floor, plot or house number is identified.
- Price, inclusions, parking and size are written clearly.
- Reservation period and next payment deadline are stated.
Payment Terms
- Refund or forfeiture terms are written before payment.
- Receiving account and payment instructions are verified.
- Receipt process and payment reference are understood.
Next Documents
- Draft sale agreement timing is confirmed.
- Buyer advocate review is allowed before deposit.
- Project documents needed for first review are requested.
Buyer Questions
FAQs
What should I confirm before reserving an off-plan property in Nairobi?
Confirm the exact unit, price, inclusions, reservation period, refund terms, payment instructions, developer authority and when the draft sale agreement will be available for advocate review.
Is an off-plan reservation fee refundable?
It depends on the written reservation terms. Buyers should not assume a fee is refundable or non-refundable from conversation alone. The refund or forfeiture position should be written before payment.
Should I reserve before my lawyer reviews the sale agreement?
A small reservation may happen before full agreement review, but the buyer should still verify the unit, payment route, refund terms and document timeline. Substantial deposit should wait for independent review.
Can a developer change my reserved unit?
A buyer should not accept open-ended substitution. If substitution is possible, the reservation terms should explain when, why and what buyer approval is required.