Escrow Policy

1. What is Ardhi Escrow?

Ardhi Escrow is a secure, independent payment holding service designed to protect both buyers and sellers in land transactions facilitated through the Ardhi Verified platform. When you use Ardhi Escrow, your funds are held in a segregated client account managed by a Central Bank of Kenya (CBK)-licensed financial institution. The money is never mixed with Ardhi Verified's operating funds and is never released to the seller until the agreed conditions — including confirmation of title transfer — have been met.

For diaspora buyers purchasing land remotely, Ardhi Escrow eliminates the single biggest risk in Kenyan land transactions: paying for land and never receiving the title. With escrow, your money only moves when you are legally the owner.

2. How It Works

Every escrow transaction follows a clear, transparent process:

3. Escrow Account Details

All escrow funds are held in a segregated client trust account at a Tier 1 commercial bank licensed and regulated by the Central Bank of Kenya (CBK). Key safeguards include:

• Full segregation— Client funds are held in a separate trust account, distinct from Ardhi Verified's operational accounts. Your money is never used for our business operations.
• CBK oversight — The escrow banking partner is subject to full CBK prudential supervision and reporting requirements.
• Dual authorisation — Disbursements from the escrow account require dual authorisation by designated signatories, ensuring no single individual can release funds unilaterally.
• Regular audits — Escrow accounts are independently audited quarterly by a Big Four audit firm, with results available to regulators upon request.

4. Deposit & Payment Process

Buyers can deposit funds into escrow through the following channels:

• M-Pesa — Instant deposit confirmation via Safaricom M-Pesa. Available for transactions up to KES 150,000 per transfer (multiple transfers permitted).
• Bank transfer (Kenya) — EFT or RTGS transfer to the designated escrow account. Confirmation within 1 business day.
• International wire transfer — SWIFT transfer in KES, GBP, USD, or EUR. Funds are converted at the prevailing market rate on the day of receipt. Confirmation within 2-5 business days depending on the originating bank.

You will receive real-time confirmation of your deposit via email and SMS. Your transaction dashboard on the Platform will reflect the current escrow balance and status at all times.

5. Release Conditions

Escrow funds are released to the seller only when ALL of the following conditions have been satisfied:

• The title has been successfully transferred and registered in the buyer's name at the relevant Land Registry
• The transfer has been independently confirmed via the NLIMS registry by Ardhi Verified
• The buyer has reviewed the verification report and confirmed satisfaction (or the 7-day automatic confirmation period has elapsed without objection)
• All conditions specified in the Sale Agreement have been fulfilled
• There are no pending disputes, caveats, or court orders relating to the property

6. Refund Policy

Ardhi Verified is committed to fair and transparent refund practices:

• Full refund— If the transaction fails due to the seller's inability to transfer a valid title, the buyer receives a full refund of all deposited funds, including any escrow fees paid.
• Refund on mutual cancellation — If both parties agree to cancel the transaction, funds are returned to the buyer less any applicable processing fees (see Section 8).
• Refund on buyer withdrawal — If the buyer withdraws unilaterally before the transfer process has commenced, the deposit is returned less the escrow service fee and any costs already incurred (e.g., search fees).
• Refund timeline — Refunds are processed within 14 business days of the refund decision. Funds are returned to the original payment method. International wire refunds may take up to 21 business days.

7. Dispute Resolution

In the event of a dispute between the buyer and seller during an escrow transaction, funds will be frozen in the escrow account until the dispute is resolved. Our dispute resolution process operates as follows:

1. Internal mediation— Both parties present their case to Ardhi Verified's Transaction Disputes team. We will attempt to mediate a resolution within 14 days.
2. Independent mediation — If internal mediation fails, the dispute is referred to the Nairobi Centre for International Arbitration (NCIA) for mediation.
3. Binding arbitration— If mediation does not produce a resolution, the matter proceeds to binding arbitration under NCIA rules. The arbitrator's decision regarding fund disbursement is final.

During any dispute, escrow funds remain securely held and are not accessible to either party until a resolution is reached. This ensures your money is always protected, regardless of the outcome.

8. Fees

Ardhi Escrow fees are transparent and competitive:

All fees are inclusive of applicable taxes. Escrow fees are typically paid by the buyer unless otherwise agreed in the Sale Agreement. Fee schedules are subject to change with 30 days' notice.

9. Assurance Fund

To provide an additional layer of protection, Ardhi Verified maintains a dedicated Assurance Fund funded by allocating 10% of all escrow service fees collected. The Assurance Fund exists to compensate buyers in the rare event of a loss that is directly attributable to a failure in Ardhi Verified's verification or escrow process.

The Assurance Fund covers situations including but not limited to: a verification error that fails to detect a forged title deed, a system failure that results in premature fund release, or a breach of escrow procedures by Ardhi Verified personnel.

The Fund does not cover losses arising from buyer negligence, undisclosed side agreements between buyer and seller, or circumstances beyond Ardhi Verified's control (such as government-ordered compulsory acquisition). Claims against the Assurance Fund are assessed on a case-by-case basis by an independent committee.

10. Contact

For questions about our escrow service or to discuss a specific transaction:

For general terms and conditions, please refer to our Terms of Service.