You can repossess your property if buyer defaults

An apartment block in Kiambu. The law allows a seller to repossess a house should the buyer default. [PHOTO: EDWARD KIPLIMO/STANDARD]

NAIROBI: I entered into a written agreement with a person who was interested in buying one of my apartments in Nairobi. We signed a sale agreement before mutually agreeing to have one lawyer to witness the document. As per the agreement, the buyer was to pay a Sh5 million deposit and the balance in installments within 90 days. However, the buyer has since stopped paying the installments as agreed. My attempts to seek an amicable settlement with him have hit a snag as he never answers my phone calls. Is there a way I can have my property back as the payment made so far is not even half of the sale price?
Shem, Nairobi

You can legally repossess the house after the buyer has defaulted on payment as mutually agreed in the sale agreement.
According to Section 39 of the Land Act, sellers can invoke their right to cancel a written agreement over breach of contract by the purchaser.