The tragedy of patronising the fraudulent property agent

We started a ‘Season Series’ in our last edition. I had promised to take a look at the New Works, Power & Housing Ministry viz-a-viz the new minister in this edition. Now, I will have to stand that promise down for two reasons. The first reason is; this column talks about issues, policies, topical ideas. The column informs, educates and intends to reform. For watchers of the industries, we know the new minister is not a wishy-washy individual who does not take on tasks without good preparations. Today, his works in Lagos as a two-time governor still speaks volume months after he left. In fact, a friend confided in me of late that, the new look of LASTMA, which is almost akin to the Metropolitan Police of London was actually concluded by the Fashola’s administration before it coasted home months back to pave way for the current Abode’s. So, he is currently strategizing and putting up a winning team that is expected to hit the ground-running any moment from now. One promise I can beat my chest and give to Nigerians is; this three-in-one ministry couldn’t have been headed by anyone less than the man on the saddle now; Babatunde Raji Fashola, SAN. Therefore, as soon as policies are put in place by the new minister to drive the ministry, we will be the first to go to News and talk to Nigerians about such. The second reason for standing down that promise for what we are going to talk about today is the urgency of today’s topic. The very urgent need for Nigerians to be aware, informed and educated. We will not shirk that responsibility at anytime. Our readers are our greatest assets. We are here because you are there. We must, at all times deliver on that social contract to our inestimable readers. Now, you can pardon me for this.

A few weeks ago, I was on a chat with a colleague in one of the social media platforms. He intimated me of a particular court case he is handling for a prime client. He ruminated on how he has faced monumental challenges trying to drive home his points home in court. To him; it is one legal matter that has posed a huge challenge to his wealth of experience in his years of legal practice. He said this matter has to do with a property in one of the flourishing estates in Lagos. His client was away in the United States when he acquired this property through a property vendor. He was charged all the necessary fees that could have enabled the vendor deliver a very professional job. When the client decided to relocate to the Country about four years ago and opted to settle down in this same property, little did he know that he was sitting on a keg of gun powder. As soon as he started to settle down, another young man who also resides in Euro came calling with some company of people that were to turn out to be relatives of the Europe-based man.  Their visit to his palatial apartment was to inform him that the land on which his house was built was not his; it belonged to the man from Europe. He looked at them sternly and ordered them out of his premises before he would lose his temper and probably get the security to throw them out. In obedience, they walked out. To him, it was good riddance to bad rubbish. Little did he know that was to be the beginning of a long drawn legal battle. He of course had every confident in his authority. After all, when he returned to the country about four years ago, all the necessary Title to his property were handed over to him. So, where would the man from Europe derive his authority from?

A few more days latter, a Court summons was served his client, asking him to appear before a High court in Lagos to explain why he would dispossess another man of his land. His client quickly pulled a call across to him and he rushed down to pick the advance copies and staterted to prepare his defenses. As an experienced lawyer, he said all the documents handed to him by his client looked so real that he was too confident that the case would most certainly sway in his favor. So, he did his service on the claimant’s counsels and got ready for the legal fireworks. Of course, after some preliminary motions were thrashed out, he decided to be more serious with examining the affidavits that were attached to the notices that were served on his client. Shocking enough, all the title papers his client had from the vendor that handled the transaction were attached by the claimant too. It downed on him that something was terribly wrong. Barrel of questions stated to caress his mind. Could this claimant have forged these documents?  Could it be his client that may have been deceived? Several unresolved intrigues. At this point, he called his client for a bit of clarification. He drew his attention to this puzzle. Of course, his client was as confused; but he had confidence that my colleague could resolve the intrigue, being the lawyer.

Before Trial, he decided to subject these Title document to authenticity test. First was the Survey plan. He was shocked to find out that the Survey plan that was passed to his client was not registered. It could at best be described as Co-ordinate survey. The Deed-of-conveyance was latter discovered to be a reproduction of someone’s copy which had apparently been done to cover another parcel of land the vendor had sold to someone else. The vendor played a major role in that transaction and was availed a copy of the Conveyance which was written by a qualified property lawyer. When the transaction of this other client came; instead of getting a Conveyance lawyer to do this, the vendor cleverly doctored the copy of the Deed-of-Conveyance from the earlier transaction and got the relations of the client to execute same.  However, his flaws showed in the Description section of the property. The land that was conveyed to the other buyer was 2 full plots while the client of my colleague was a full plot. In the doctored conveyance, this was not changed. The property described was different from what was actually conveyed. Even in the Witness column, the name of the witness for the other buyer was left unchanged for this same client. These were very apparent among other clear errors. Upon noticing these very obnoxious infractions, the client decided to get in touch with the vendor. In an interaction with my colleague, the vendor agreed, after an initial fruitless defence that it is a usual practice among Property Agents. He further opined that they avoid using lawyers in formalizing such agreement as lawyers burden them with huge fees which in most cases, the clients are not ready to shoulder. So, they help themselves out. The predicament now is; the other party had gone ahead to even process a Certificate-of-Occupancy already despite the fact that their document carry latter dates. To my good friend; a very experienced property lawyer, the direction of this matter is very apt; except he wants to deceive his client. The only option available to them now is to explore out-of-court settlement and probably have to contend with huge cost of Ratification which is strictly at the discretion of the claimant. God helps them if the Claimant is the greedy type. We won’t waste further time in exploring how the same plot of land got sold to two separate individuals now; that is part of the stock-in-trade of these traditional land vendors.

My learned friend’s experience is the lot of some many uncountable victims who have found themselves entangled in the scam-web of these ubiquitous Property Agents and Vendors. Some have lost choice properties to adverse Claimants who have had to smartly outplay such innocent buyers. It has also been discovered that some of these Property Vendors actually connive with unscrupulous parties to set up buyers and latter slam them with bogus litigations to either recover the sold properties or get the helpless buyers to settle for bogus Ratification cost. This truly is not a good sign post to encourage Housing development.

In states like Lagos, steps are being taken by the State Assembly to discourage the ungodly acts. Legislations are now in place to make such unethical conducts punitive. Now, vendors mostly called Property Agents are more careful. However, same can not be said of the neighboring state; Ogun. In fact, those ones are so brazen that they will dare you to go to court. About a week ago, a client of mine; a major player in the Housing subsector had his plot of land in Valley Estate, around Ojodu axis; a border town between Lagos and Ogun states snatched and immediately sold to a willing buyer who started building on it the same day. When my client confronted the Hench man for the family, who incidentally is a retired army officer; he requested for a ransom of two million naira for him to get another plot allocated to him. This offer was with a caveat that he must start building the same day. My client told me he had been made to pay One million naira ransom to retain the same plot last year. I advised him to put his foot down and insist he must get his land back without further ransom. The retired officer-turned ‘omon onile’ king ping dared him to go to court. ‘At worse, the court will ask us if we have another plot to give you elsewhere!’ that was his assertion. This is how brazen these all-powerful Agents and ‘omon onile’ have become. They have almost become out-laws! The states must rise to the occasion. These elements must be cut to size. The public also has as major role to play in this expected change. Only professionals should be engaged in property and land transactions. Cheap shortcuts should be avoided as this amount to playing the Ostrich game. Till these are done, the helpless property buyer will continue to bare the brunt.

Akhigbe Dominic