Identify the property and the person offering it
A sales pitch or lease brochure is not proof of title or authority. Record unresolved gaps as conditions, not as verbal assurances. Compare the property description, plan, title or lease documents and the identity and signing power of the seller or landlord. If the promised space differs from the documents, settle the difference before tying a payment to it. Identify whether the proposed deal is for the whole plot, a unit or only use of part of a building. Compare the plot and unit references in every document, and obtain copies of the authority documents for any representative signing on behalf of an owner. Record unresolved gaps as conditions, not as verbal assurances.
Test intended use on the actual site
A buyer or tenant needs more than a physical inspection. Check the proposed use, access, services and any fit-out against the property documents and current Kuwait requirements for that location. A previous occupant’s use does not automatically establish what a new operator may do. For a shop, office or warehouse, ask which activity will actually be carried on, whether alterations are needed and whether the building’s services and access support it. Allocate responsibility for seeking any necessary approval and make the contract clear about what happens if that approval is refused or delayed.
Connect price to evidence and handover
List deposits, installments, retention and the document or milestone that triggers each payment. Inspect existing obligations, service charges and any claims or restrictions affecting the site. Who bears repair or delay risk between signing and handover? Record condition and keys when possession changes. Keep evidence of any outstanding service charges or other liabilities and specify which party clears them. A handover schedule can list meter readings, access cards, equipment, visible defects and photographs, signed by both sides. Agree when keys, possession and risk move, rather than assuming they all move on the date of signature.
Plan a workable exit
For a lease, address alterations, reinstatement, notices and the return of security. For a purchase, trace transfer documents and any conditions that remain open. Have a Kuwait-qualified specialist check the current steps for the actual property before commitment; generic words like “clear title” need supporting records. If a tenant invests in improvements, specify whether removal or reinstatement is required at expiry. If a purchaser expects a transfer, list the actual evidence to be delivered and who must complete each remaining step. A timetable should leave room to cure a document defect before a deadline triggers a payment.
Questions to settle before commitment
- Do the site, plot and unit references agree across the documents and the actual space?
- Who can sign for the owner, and what evidence of authority has been checked?
- Does the proposed use require consent, works or a separate approval?
- Which documents, liabilities and handover items must be closed before each payment?
For a related service, see our real estate and property practice. If the deal involves a project site, see the construction and infrastructure practice.