Q-Casa Terms of Service (Kenya)

1. Introduction

Q-Casa is a real estate search engine operating in Kenya. These Terms of Service ("Terms") govern access to and use of the Q-Casa web application, mobile applications, and related services (collectively, the "Platform"). By accessing or using Q-Casa, you agree to be bound by these Terms and all applicable laws of Kenya.

Q-Casa is not an estate agent within the meaning of the Estate Agents Act (Cap 533) and as an entity does not negotiate, conclude, or transact property sales or lettings.

2. Definitions

• "Q-Casa Agent" means a platform-appointed support agent tasked with helping property owners and licensed real estate agents create, verify, and publish property listings on the Q-Casa platform.
• "User" means any person accessing or using the Platform.
• "Seller" means a property owner or authorized representative listing property on Q-Casa.
• "Buyer" means a person seeking to purchase or lease property.
• "Estate Agent" means a person duly registered and licensed under the Estate Agents Act (Cap 533).
• "Listing" means a property advertisement published on Q-Casa.

3. Nature of the Platform

Q-Casa provides:

• Digital property listing and search services;
• Advertising, visibility, and verification tools;
• Communication tools enabling Users to connect directly.

Q-Casa does not:

• Act as a real estate agent in negotiations;
• Draft or conclude agreements;
• Receive, hold, or handle client money;
• Earn or share commissions arising from property transactions.

4. Listing Fees (All Users)

4.1 Retainer Fee

All property listings are subject to a non-refundable upfront retainer fee of KES 5,000 payable before publication.

The retainer fee covers:

• Listing setup and hosting;
• Platform visibility;
• Basic verification and moderation services by Q-Casa Agents.

Payment of the retainer fee does not guarantee a sale or letting.

5. Agent Subscription & Premium Listing Model

5.1 Eligibility

Only registered and licensed estate agents under the Estate Agents Act (Cap 533) may subscribe to Agent or Premium plans. Agents may be required to submit proof of registration.

5.2 Subscription Fees

Q-Casa may offer paid Estate Agent Subscription plans, which may include:

• Enhanced listing visibility;
• Unrepresented client referrals;
• Bulk listing pricing;
• Analytics and lead insights;

Subscription fees are platform service fees, not commissions.

5.3 Premium Listings

Premium Listings may be offered to Sellers or Estate Agents for enhanced exposure. Such fees:

• Are fixed and disclosed upfront;
• Are independent of transaction value;
• Do not constitute commission or success-based remuneration.

6. Commission Disclosure & Willingness to Engage Agents

6.1 Commission Willingness Indicator

Listings on Q-Casa may display indicators showing whether:

• The Seller is willing to engage licensed estate agents;
• The Seller is open to entering into legally binding commission arrangements with Buyer’s and/or Seller’s Estate Agents.

6.2 Legal Nature

Such indicators:

• Are expressions of intent only;
• Do not constitute an offer, agreement, or appointment of an estate agent;
• Do not bind Q-Casa in any way.

All commission agreements must:

• Be negotiated directly between the Seller, Buyer, and licensed Estate Agents;
• Comply strictly with the Estate Agents Act (Cap 533) and prescribed fee scales.

7. Estate Agent Commissions

Q-Casa does not:

• Fix, negotiate, or enforce commissions;
• Receive any portion of commissions;
• Act as agent for commission purposes.

Any commission payable shall:

• Be payable only to licensed Estate Agents;
• Be governed by written agreements between the relevant parties;
• Comply with applicable Kenyan law.

8. User Obligations

Users agree that they shall not:

• Misrepresent their licensing or authority;
• Claim commissions unlawfully;
• Use Q-Casa to conduct unregistered estate agency practice;
• Publish false or misleading listing information.

Q-Casa reserves the right to suspend or remove Users in breach of these obligations.

9. Compliance With Kenyan Law

All Users must comply with:

• The Estate Agents Act (Cap 533);
• Consumer protection laws;
• Any applicable land, property, or advertising regulations in Kenya.

10. Limitation of Liability

Q-Casa shall not be liable for:

• Disputes between Buyers, Sellers, and Estate Agents;
• Failed transactions;
• Commission disagreements;
• Accuracy of third-party representations requiring due diligence.

Use of the Platform is at the User’s prudence.

11. Termination

Q-Casa may suspend or terminate access to the Platform at its discretion where these Terms or Kenyan law are breached.

12. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Kenyan courts shall have exclusive jurisdiction.

13. Contact Information

In case of any questions, please contact us at:
Casavenida Real Estate Limited
info@casavenida.com
+254113117562