Setting Up A Real Estate Agent Outfit - What Are The Requirements Please.

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dnative (m)
Setting Up A Real Estate Agent Outfit - What Are The Requirements Please.
« on: July 20, 2008, 11:32 PM »

Could anybody knowledgeable about the process of registering and operating a real estate agent outfit in Nigeria shed some light on the process and requirements. Specifically the following:


Are there any Federal Govt specific requirements ?

Are there any State or Local Govt requirements ?

Is one obligated to register with a professional body - if so which ?

Is there a need to have a lawyer on the company's staff to handle sales/lettings contract?

Is there a need to have a quantity surveyor or estate valuator on the company's staff ?


And any other useful insights.



Thanks so much for your contributions. Please assume that a company has already been duly registered with CAC in Nigeria.
lawyer (m)
Re: Setting Up A Real Estate Agent Outfit - What Are The Requirements Please.
« #1 on: July 21, 2008, 01:34 AM »

I'll try my best to answer your questions on the subject matter above:

Quote
Could anybody knowledgeable about the process of registering and operating a real estate agent outfit in Nigeria shed some light on the process and requirements. Specifically the following:

Generally i believe there is no act or law that supports the group called "real estate Agent" but the Nigerian institute of surveyors and estate valuers are generally considered the right group or professionals to handle real estate transactions in Nigeria, but since most of them are kinda uptight and restricted in their practice, alot of people or groups have began to operate as minor low scale realtors to help people and attract clients who want to buy and sell properties on a low scale level without the need of professionals.

The advantage is that transactions are done very quickly, clients dont need to pay exhorbitant professional fees and the word of mouth travels very fast amongst fellow real estate agents.

The disadvantage is that it is a very risky proposition for  a client to deal with real estate agents because beyond the sale and minor transactuons, they cannot professionally evaluate a property and cannot inolve themselves in conveyancing matters and most especially they cannot be held liable for any defect in the sales of property hence the rule "caveat emptor-buyers beware" because they take the money and split after the sale.


Quote
Are there any Federal Govt specific requirements ?

Are there any State or Local Govt requirements ?


I am not sure whether they have an association or not and i know the state government taxes them as regular small businesses but on a professional scale, i dont think there is any requirement whatso ever.

Quote
Is one obligated to register with a professional body - if so which ?

The known body is NIVES-Nigerian institute of estate surveyors and valuers


Quote
Is there a need to have a lawyer on the company's staff to handle sales/lettings contract?


In house lawyers to companies or businesses are generally prohibited from handling such matters and after some time the lawyer might end up stealing most of your clients since he can do both the sales and conveyancing. The best advise is to hook up with one lawyer and while you contract for sales and purchases of properties, the lawyer does your conveyancing matters and your both happy. You get your 10% from the agency fees and the lawyer gets his 10% for the conveyancing and you dont have to pay extra monthly salaries or commissions

Quote
Is there a need to have a quantity surveyor or estate valuator on the company's staff ?


Just like the dos and donts of having a lawyer on your team, the same applies for a professional estate valuer or surveyor. Since he is a professional, he would definately take over your duties and clients at some point. Its best you sub contract these things with a surveyor when there is a need for it and you pay him his commission.

Until you become a master and professional in this chosen field, be rest assured these professionals will take advantage of you if you ever intend to employ them. Just out source when the time comes and deal with your private agency transactions and you would get no hassels.

Hope i have been able to help!!

Cheers!

 
dnative (m)
Re: Setting Up A Real Estate Agent Outfit - What Are The Requirements Please.
« #2 on: July 21, 2008, 10:22 AM »

@Lawyer.

Much appreciation to your detailed response.


Quote

You get your 10% from the agency fees and the lawyer gets his 10% for the conveyancing and you don't have to pay extra monthly salaries or commissions



Please could you clarify if the 10% the lawyer ususally gets is 10% of the agency commission or 10% of the propery sales or letting fees? If it is the latter, would you know how this works out - assuming Mr S has a property he wants to sell to Mr B for -N-1,000 through Estate Agent A.  The 10% agency fees, is this paid by Mr S from the sales amount (which means he would end up getting -N-900 after the sales) or is this paid by Mr B before taking ownership of the property (which means he would pay in total -N1,100). Is the lawyer fees the same, is this paid by Mr A the seller from the sales fee, or by Mr B as a total of what he pays for the property and is this 10% conveyancing fees negotiable or non-touchable non-negotiable at the 10%.

Thanks a lot in advance of your response. I need this information to put in perspective a business plan. Thanks once again.
lawyer (m)
Re: Setting Up A Real Estate Agent Outfit - What Are The Requirements Please.
« #3 on: July 21, 2008, 05:51 PM »

Quote from: dnative on July 21, 2008, 10:22 AM
@Lawyer.

Much appreciation to your detailed response.



Please could you clarify if the 10% the lawyer ususally gets is 10% of the agency commission or 10% of the propery sales or letting fees? If it is the latter, would you know how this works out - assuming Mr S has a property he wants to sell to Mr B for -N-1,000 through Estate Agent A.  The 10% agency fees, is this paid by Mr S from the sales amount (which means he would end up getting -N-900 after the sales) or is this paid by Mr B before taking ownership of the property (which means he would pay in total -N1,100). Is the lawyer fees the same, is this paid by Mr A the seller from the sales fee, or by Mr B as a total of what he pays for the property and is this 10% conveyancing fees negotiable or non-touchable non-negotiable at the 10%.

Thanks a lot in advance of your response. I need this information to put in perspective a business plan. Thanks once again.


No problem. I'll tell you how it works in Naija:

1. Assuming you are an estate agent and you end up getting Mr A to sell his house and your acting on behalf of him to sell the house through adverts or word of mouth and the property is going for N1,000,000, iF Mr B is interested in that property, he would pay the following:

a. N1,000,000 asking price of the property

b. 10% of N1,000,000 = N100,000 which is the agency fees or money given to the agent for marketing the property on behalf of Mr A

c. 10% of N1,000,000 = N100,000 which is the legal fees given to the lawyer to help draft the deed of assignment and who propably did the required search of the property at the land registry to know if the property is free from defect.

2. So therefore, MR B will pay a total sum of N1,200,000 before the property can be transfered to him. EVERY BODY GETS HIS OR HER OWN CUT. Grin That is what is being known as the total package!

If you have any more questions just mail me at barristermatto@yahoo.com

Cheers!
dnative (m)
Re: Setting Up A Real Estate Agent Outfit - What Are The Requirements Please.
« #4 on: July 22, 2008, 01:43 PM »

Thanks for the response once again. Would be in touch shortly.
ajileko
Re: Setting Up A Real Estate Agent Outfit - What Are The Requirements Please.
« #5 on: July 22, 2008, 03:14 PM »

What if Mr. B has his own lawyer and not willing to use the agent lawyer like I did. Why should I trust the agent lawyer ? Whose best interest is he looking out for ?
lawyer (m)
Re: Setting Up A Real Estate Agent Outfit - What Are The Requirements Please.
« #6 on: July 22, 2008, 11:13 PM »

Quote from: ajileko on July 22, 2008, 03:14 PM
What if Mr. B has his own lawyer and not willing to use the agent lawyer like I did. Why should I trust the agent lawyer ? Whose best interest is he looking out for ?

If a lawyer is acting for both Mr. A & B, he is known as a stakeholder on behalf of 2 of them but in most situations, it is the agents lawyer that drafts the conveyance or deed of assignment since he is the one selling or conveying his property to another person. It is only in rare circumstances that Mr B's lawyer would draft the deed of conveyances and especially if Mr A is an illiterate or he doesnt give a hoot about how the deed or title of the property is being transfered as long as he gets his money
thirdeye (m)
Re: Setting Up A Real Estate Agent Outfit - What Are The Requirements Please.
« #7 on: July 23, 2008, 12:43 AM »

@lawyer,
      Thank you for dealing with this subject properly, you are doing a great job.
But i would advise that anybody interested in starting this business should at least go for a tutelage under an established agent for 3 months (weekends will be ok) .You can try Realty point ltd. their office is at onigbagbo House, Maryland.
ajileko
Re: Setting Up A Real Estate Agent Outfit - What Are The Requirements Please.
« #8 on: July 23, 2008, 10:40 PM »

I got it. Thanks.
lawyer (m)
Re: Setting Up A Real Estate Agent Outfit - What Are The Requirements Please.
« #9 on: July 24, 2008, 03:11 AM »

Quote from: thirdeye on July 23, 2008, 12:43 AM
@lawyer,
      Thank you for dealing with this subject properly, you are doing a great job.
But i would advise that anybody interested in starting this business should at least go for a tutelage under an established agent for 3 months (weekends will be ok) .You can try Realty point ltd. their office is at onigbagbo House, Maryland.

Your truely correct third eye. Real Estate Business is really an ugly business and not for the faint of heart. To be successful in it, you need to understand the rudimentary of it and understudy pros who live and die for this tough job and are used to a tough environment like naija! We could keep in touch and rub minds together!

Cheers!
dnative (m)
Re: Setting Up A Real Estate Agent Outfit - What Are The Requirements Please.
« #10 on: July 24, 2008, 07:46 AM »

I agree to an extent with you guys on the need to understudy an estate agent experienced in the field.  I have run an extensive service based business for some 5 years in Lagos and understand the peculiarities of doing business in the Lagos terrain and naija in general.

My outlook on doing business in any sector is that once you are able to break this down into a number of highly predictable steps and processes, you are able to simplify and take out majority of the complexities that makes people say 'Naija factor', 'o boy this na naija' from such businesses. I believe the same could be done for the real estate sector. Take for instance, who would have known the specifics of the unwritten rules of real estate business in naija or lagos until someone like lawyer decides to break down and further simplify the whole process. Lawyer - ever thought of taking time out and writing a book on this 'the official guide of doing real estate business in Nigeria', 'what they don't tell you about real estate business in lagos' - you could be looking at a best seller here and possibly retire early  Grin. More seriously if from the little I've seen from your posts here, I think you are quite capable of doing this if it catches your fancy. Yeah I know that 10% on that 500 million naira property might be more attractive, but a published legacy such as this to your name could be quite invaluable  Smiley

Back to my talk on breaking down a sector into predictable steps and processes, The internal tax process in Lagos was cumbersome, fraud-prone, full of complexities and sometimes unworkable until a company called ABC sat down with lagos state, did a dispassionate review of all the processes, broke it down into a series of predictable steps and processes, introduces some secured IT-based checks and balances, and automated the large portion of these processes. Until this was done before folks actually started asking, why had we ever been using the old process in the first place. And lagos state is now generating an internal revenue of about 5billion monthly compared to the 600 million when they were on the old process.  I believe the same could be done in the real estate sector - mind you as a business and not directly to influence govt processes which i dont' have the means to do. I'm of the firm opinion that an estate agent, if your business processes are well documented set of highly predictable processes, and you have a good lawyer and estate agent working with you, a very effective real estate agent business could be laid down. Am I sounding too optimistic, I always am but I'll found out in months to come.

And by the way, thirdeye, could Realty Point offer this tutelage via distance learning. i.e package the essentials I need to know into a series of electronic communication disseminated over a period via email. ? And what are their fees like?

Thank you guys once again for your contributions.



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