In the Zambian property market, many sellers and landlords still rely on verbal promises, WhatsApp chats and “gentleman’s agreements.” Yet when things go wrong, courts and professionals work with what is in writing—if it is not in writing, it effectively does not exist.
1. Mandates with estate agents must be written
The Estate Agents Act and ZIEA’s guidance expect agents to work on clear mandates that set out what they are authorised to do, how long they have to do it and what commission is payable. When a seller or landlord does not sign a mandate, they create confusion about who is representing them, what has been agreed and who must be paid if a deal is concluded.
A proper written mandate should at least spell out:
- The owner’s full details and the property being sold or let.
- The asking price or rental and any special conditions.
- The type of mandate (open or sole) and its duration.
- The agreed commission and when it becomes due.
Without this, disputes over “who introduced the buyer” or “who should be paid” are common and can delay or derail transactions.
2. Lease agreements protect both landlords and tenants
Many landlords hand over keys based on a handshake and a few messages about rent and deposit, only to struggle later with unpaid rent, damage or early departures. A written lease agreement sets out the terms of the tenancy and is recognised as a binding contract under Zambian law, making it far easier to enforce rights on both sides.
A solid lease should clearly cover the rent amount and payment dates, deposit and its refund conditions, duration of the lease, repair and maintenance responsibilities, notice periods, and what happens if either party breaches the agreement. Having this signed before occupation begins avoids “he said, she said” arguments months down the line.
3. Sale agreements for land must be evidenced in writing
For sales, Zambian practice and the underlying Statute of Frauds principle require transactions involving land or an interest in land to be evidenced in writing to be enforceable. A simple “we agreed at family meeting” is not enough when large sums and long‑term rights are involved.
Buyers and sellers should engage lawyers who will carefully record:
- The parties’ full details and proof of ownership.
- The purchase price and payment schedule.
- When the buyer can take occupation.
- What happens if the buyer or seller defaults.
- Who pays which costs (tax, legal fees, transfer and registration).
This written agreement becomes the road map for the transaction and reduces the risk of disputes at the Ministry of Lands, with banks or between the parties themselves.
4. Property Partners’ message for 2026
As we move through 2026, Property Partners Zambia is encouraging all clients to insist that every key step of a property transaction is recorded in a proper written document—mandates, leases and sale agreements alike. If you are unsure where to start, our team can guide you on the paperwork you need before you advertise, hand over keys or accept an offer.
For streamlined, documented communication, please contact us through the enquiry form on the specific property listing page on our website, or via the forms on our Contacts page. By submitting your details there, you give us permission to assist you directly and we can respond with clear, written information tailored to your situation.
