Do’s and Don’ts of Buying Land or Property: Distinguishing between Real and Fake Estate Agents

At most times, estate agents are the-to-go guys when it comes to searching for that ideal piece of land or property. All you have to do is describe what you want and where you’d want it to be, and they’ll hook you up with one. Though there’s one golden rule when it comes to dealing with estate agents: Never ever let an estate agent rush you into buying his or her property. They are only out to make their commission.

How to identify a genuine agent

There is no established criteria for distinguishing between fake and genuine agents but there are certain signs that could help you know which is which. They are divided into the following categories:

1. Registered estate surveyors and valuers

This is a group of agents who have well established, nationally recognized and registered companies that exercises the role of valuing properties and selling land. They are recognized by both the national and local governments and are usually the best source when it comes to property sale. They are trustworthy due to the fact that they have to protect their integrity plus they have numerous experiences in the field. Such agents include: Villa Care KenyaKenya Valuers and Estate AgentsNeptune Shelters Ltd, just to mention a few. The main disadvantage of using them is that you’ll have to pay a higher commission to them, though you’ll be guaranteed to have a stress free property purchase.

2. Direct agents

These are agents who have first-hand direct contact with the seller of the property. For instance: I have a property to sell, I contact Kamau, an estate agent, to help me get a buyer and I will pay him a commission for marketing and finding a buyer. Kamau automatically becomes the direct agent to me, the owner of the property. For formalities I’ll draft a power of attorney in his name giving him the right to market the property and find a buyer in exchange for a commission if the sale goes through.

3. Third party agents

This is an agent who has no direct contact with me the owner of the land but has a friendly cordial relationship with the direct agent, Kamau. Kamau then instructs the third party, say Kathoni, to scout for buyers for my property. If Kathoni gets me a buyer, then the commission I was to pay to Kamau would be split between the two. I have no direct relationship or contact with Kathoni and the only person I am officially dealing with is Kamau

4. Fourth party agents

This is a friend to Kathoni, the third party agent. The two have discussed the property sale and Kathoni has instructed the fourth party to help her get a buyer. The fourth party might decide to incorporate a fifth party to the sale who might decide to incorporate a sixth party, resulting in the formation of a long transaction chain involved in that sale in respect to the agents involved.

Kamau > Kathoni> Forth party> Fifth party> Sixth party

I, the property seller, am only responsible to Kamau and Kamau is only responsible to Kathoni and Kathoni is only responsible to the rest.

From this chain you are able to know who is who and how influential and trustworthy they are in respect to the land sale. Most agents, unless you probe them, won’t tell you where they lie in the chain, though here are some ways through which you can determine who they are and where they lie.

Firstly, most agents apart from the direct agent won’t have the certified original copies of the land documents in their possession for inspection and investigation. Rather they will have photocopies in their possession and they will use them to pretend to be the original and direct agents.

Secondly, most third and fourth party agents won’t know the history of the property, the address of the owner of the property. They would only know the price of the property and small bits of information concerning it. They might not have access to the direct agent and would talk less of the real owner.

Lastly, most third and fourth party agents can’t take you to meet the direct owner and will give all sorts of excuses to avoid taking you to meet the land owner.

Always take precaution when dealing with estate agents and never part with your money unless you are certainly sure that you are dealing with the correct agent.

Finally, never feel threatened or harassed by this line: Other people are interested in the property and are ready to buy it immediately. Trust me, if there were other people interested in the land or property, the agent wouldn’t have been selling it to you but to the other person. Go at your own pace, that property will still be there if it is truly yours.

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