Buying or selling a used car is one of the larger private transactions most people in Kenya make, and a lot can go wrong when it is done on a handshake. A written sale agreement protects both sides: it records exactly what was sold, for how much, and on what terms, so neither the buyer nor the seller can later claim something different. For the seller it is proof that the car was handed over and paid for; for the buyer it is proof of what was promised about the vehicle and that money changed hands. It works alongside — not instead of — the official change of ownership, and for any structured or higher-value deal it is worth backing with a properly drafted contract.
A good car sale agreement should start with the full details of both parties: the full names, national ID (or passport) numbers, physical addresses and phone numbers of the buyer and the seller. Then describe the vehicle precisely so there is no doubt which car is being sold — the make, model, year of manufacture, registration (number plate), chassis or VIN number, engine number, colour, and the odometer (mileage) reading on the day of sale. These details should match the logbook exactly.
Next, set out the money and the terms: the total purchase price, any deposit already paid and the balance still outstanding, and how and when that balance is paid. State clearly whether the car is sold "as seen" — meaning the buyer has inspected it and accepts its condition with no warranty — or whether the seller gives a specific, stated warranty, and write down anything the seller has promised. It is normal to state that risk and ownership pass to the buyer only on full payment, and to record who is responsible for handling the transfer and who pays the transfer fee.
The single most important thing to understand is that the sale agreement does not by itself transfer ownership of the car. Ownership only changes when the buyer and seller complete the official change of ownership through the transport authority — in Kenya this is done on the NTSA TIMS portal — and the logbook (registration certificate) is transferred into the buyer's name. Until that is done the car is still legally registered to the seller, with all the liability that carries. Before paying, the buyer should also confirm the car has no outstanding loan or logbook charge against it, because a car used as security for a loan cannot be transferred until the lender releases that charge.
Common mistakes and scams to avoid: paying in full before seeing the original logbook and checking the seller's name matches it; skipping an independent mechanical inspection on a car sold "as seen"; relying on verbal promises that never make it into the written agreement; and buying a car that still carries a logbook loan. If someone is signing on behalf of the registered owner — a relative, a director or an agent — make sure they hold a valid power of attorney to sell the vehicle. If the original logbook has been lost, the seller may need to swear an affidavit and apply for a replacement before any transfer can go through.
On the seller's side, notify NTSA once the car is sold so you are not held responsible for it afterwards, and only hand over the keys once payment has actually cleared. On the buyer's side, take your time, verify every document against the logbook, and only pay once you are satisfied the car and the paperwork are genuine. This guide is general information, not legal advice — for a high-value or disputed sale, speak to an advocate.