Choosing a real estate agent is not simply about finding someone who can advertise a property, arrange viewings or introduce buyers and tenants. In Kenya, estate agency is a regulated profession, and an agent handling your property has legal and professional obligations.
The law defines the practice of estate agency broadly to include activities involving the sale, purchase, letting or management of immovable property, including bringing prospective parties together and negotiating transactions as an intermediary. The law also requires practising estate agents to be registered.
For property owners, landlords and investors, this means that poor performance or questionable conduct should not simply be tolerated because an agent has been handling the property for some time.
Here are some important signs that it may be time to change your real estate agent.
1. The Agent Is Not Properly Registered
One of the first things a property owner should establish is whether the person or company handling the property is legally authorised to practise as an estate agent.
Section 18 of the Estate Agents Act prohibits individuals from practising as estate agents unless registered. The same restriction applies to partnerships and companies where the relevant partners or directors are involved in estate agency activities.
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If your agent cannot demonstrate the appropriate registration and practising credentials, that is a significant warning sign.
A property owner should not put valuable land, buildings, rental income or transaction negotiations in the hands of an unqualified or unregistered intermediary.
2. Your Property Has Been on the Market for Too Long Without Results
A property does not necessarily sell or rent quickly simply because it has a good agent. Market conditions, pricing, location, financing and demand all matter.
However, an agent should be able to provide evidence of what is being done to market the property.
If months have passed without serious enquiries, viewings, offers or meaningful feedback, the problem may be the agent’s strategy.
Ask for evidence of advertising, enquiries received, viewings conducted, prospective-client feedback and recommendations on pricing.
If the agent cannot demonstrate activity or explain the lack of results, it may be time to consider another professional.
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3. The Agent Does Not Give You Regular Updates
Property owners should not have to repeatedly chase their agent to find out what is happening.
A professional agent should provide reasonable updates on enquiries, viewings, offers, negotiations, tenant issues and other material developments.
This becomes particularly important where the agent is managing a rental property.
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4. The Agent Is Not Transparent About Money
Money is one of the most serious areas in which an estate agent relationship can break down.
Kenya’s Estate Agents (Accounts) Rules address client money and require estate agents to maintain appropriate client accounts for money received in the course of estate agency work.
If an agent cannot clearly account for rent, deposits, commissions, expenses or other money connected to your property, you should treat that as a serious concern.
Demand proper records and supporting documentation. If financial accountability remains inadequate, changing the agent may be necessary.
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5. The Agent Keeps Delaying Remittance of Rent
For landlords, the purpose of appointing a property manager is often to ensure that rent is collected and remitted efficiently.
Repeated unexplained delays in remitting rent should not be normalised.
The owner should be able to establish:
- How much rent was collected.
- When it was collected.
- What deductions were made.
- What commission was charged.
- What amount was remitted.
- When the remittance was made.
Persistent unexplained discrepancies or delays may justify terminating the relationship and reviewing the agent’s handling of the property.
6. The Agent Charges Unclear or Unexpected Fees
Estate-agent remuneration in Kenya is regulated through the Estate Agents (Remuneration) Rules, which prescribe scales of fees for different services, including sales, lettings and property management.
Before appointing an agent, the owner should have a clear written understanding of the commission, management fees, marketing costs and other expenses.
If additional charges continually appear without prior agreement or adequate explanation, the relationship may no longer be commercially sustainable.
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7. The Agent Is Hiding Offers From You
An estate agent is an intermediary between parties to a property transaction. That role requires a high degree of professional integrity.
If you discover that potential buyers or tenants have made offers that were not communicated to you, the issue goes beyond poor customer service.
It raises questions about whether the agent is acting in your interests and complying with the professional standards applicable to estate agency.
The Estate Agents Act provides for professional-conduct regulation and allows complaints concerning professional misconduct to be brought before the Estate Agents Registration Board.
8. There Are Conflicts of Interest
Be cautious when an agent’s personal or financial interests appear to conflict with yours.
For example, an agent who is simultaneously representing parties on opposite sides of a transaction should be transparent about the relationship and the basis on which the agent is acting.
If you suspect that your agent is prioritising another party, another property or a personal financial interest over your instructions, seek clarification immediately.
Where the conflict cannot be satisfactorily resolved, changing the agent may be appropriate.
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9. The Agent Misrepresents the Property
An agent should not misrepresent material facts about a property simply to secure a sale or tenancy.
This includes misleading statements about the property’s size, condition, location, amenities, title, rental income, development potential or other material characteristics.
Short-term misrepresentation can create long-term problems for the property owner, including disputes with purchasers or tenants and potential legal exposure.
Your agent’s advertising is therefore not merely a marketing issue. It can affect your legal and commercial interests as the property owner.
10. The Agent Does Not Protect Your Property
For landlords who have appointed an agent to manage property, the agent’s responsibilities extend beyond collecting rent.
Depending on the management agreement, the agent may be expected to coordinate maintenance, respond to tenant complaints, monitor the condition of the property and communicate significant problems to the owner.
If maintenance requests are repeatedly ignored, damage is not reported or tenants are allowed to breach agreed terms without appropriate action, the owner should reconsider whether the agent is providing value.
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11. The Agent Has Poor Records
Good property management requires documentation.
A professional agent should be able to produce relevant records relating to tenants, rent collections, deposits, inspections, maintenance, correspondence and transactions.
Poor record-keeping creates unnecessary risks when disputes arise.
It also makes it difficult for an owner to establish what happened to the property and the money associated with it.
12. The Agent Has Lost Your Trust
Sometimes the most important reason to change an agent is not one dramatic incident but a continuing deterioration in trust.
Real estate transactions involve substantial sums of money and, in many cases, sensitive documents and long-term contractual relationships.
Once an owner can no longer confidently rely on an agent’s representations, communication or financial reporting, continuing the relationship simply because it has existed for a long time may be a mistake.
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Before You Change Your Agent
Changing an agent should be done carefully.
First, review the agency or property-management agreement. Check the termination clause, notice period, commission arrangements, exclusivity provisions and any obligations that survive termination.
Second, obtain a complete statement of account and reconcile all rent, deposits, commissions, expenses and other amounts held or received on your behalf.
Third, recover important property documents, keys, tenant records, inspection reports and other information belonging to you.
Fourth, document outstanding disputes or suspected misconduct before terminating the relationship.
Finally, appoint the replacement agent through a clear written agreement defining the agent’s authority, responsibilities, remuneration, reporting obligations and termination terms.
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You Can Complain About Professional Misconduct
Changing an agent does not necessarily end the matter where there has been suspected professional misconduct.
Under section 23 of the Estate Agents Act, the Estate Agents Registration Board may institute an inquiry into conduct alleged to be contrary to the public interest or amounting to professional misconduct. The inquiry can arise from a written complaint by another person.
The Board has also established a mechanism through which members of the public can submit and track disciplinary complaints against estate agents.
The law therefore gives property owners mechanisms beyond simply finding another agent.
The Bottom Line
A real estate agent should reduce the complexity and risk of owning or transacting in property, not create additional problems.
Poor communication, unexplained financial discrepancies, lack of results, inadequate marketing, conflicts of interest, questionable representations and failure to account for client money are all reasons to reassess the relationship.
Most importantly, property owners should verify that the person handling their property is properly registered and operating within Kenya’s legal and professional framework.
A property is often one of the largest assets an individual or business owns. Choosing the right agent is therefore not merely a matter of convenience. It is a matter of protecting the asset, the income it generates and the owner’s legal and financial interests.
