Investing in Lagos Real Estate Companies: The Pros and Cons

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Okeke trades in furniture and fittings at a major market in Onitsha. In addition to his business, he owns a substantial number of houses within Onitsha and environs.  One day whilst attending an exhibition in Lagos, he was approached by a young marketer for a real estate company; the marketer had been tasked to sell some real estate located around the Lekki Free Zone and Okeke looked like the perfect buyer.

The marketer launched into a seductive pitch about the prospects of the area and the opportunity for amassing immense profits, especially due to the development of a refinery in the area by a major investor and industrialist. As a businessman with an eye for profit, Okeke was intrigued by the opportunity to multiply his capital, but he requested for time to seek advice from his lawyers before investing the substantial amount required, especially having heard horrible stories of the dreadful omonile and their penchant for violence in land matters.

There has been a boom in investment in vacant real estate over the past decade; however this boom seems to be driven by certain misconceptions which have been fed by advertising campaigns and the mass media. This misconception is that land values appreciate at a rate which exceeds rates of return on alternative investments such as treasury bills, stock or other asset classes. These misconceptions have led to the growth of a speculative bubble which seems to have driven the costs of real estate beyond reasonable levels.

In general, by investing in developing the land you may destroy an option and at the same time you may create other options. Vacant land represents an option of retaining it in its vacant form and expecting an increase in value of the land, or turning the vacant land into a development, thereby increasing its intrinsic potential for value creation through the injection of capital. The computation of the value of land requires the calculation of current and future construction costs, as well as current and future market prices of real estate in the area where the land is located.

Prior to purchasing land, it is pertinent to have an idea of the use to which the land is to be put, including the proposed structures which are to be constructed upon the land and the market prices or rental values such structures would fetch in the future based on the surrounding properties in the area. In calculating the values of the property, provision should be made for the probability that the property may fall in value in the future.

It would be wise for Okeke to first conduct a search on  the title of the sellers, especially since a number of real estate marketing companies do not perfect their title before commencing the sale of the properties, a situation worsened . This will protect him from any nasty surprise which may arise from defects in the title of the seller. These companies sometimes acquire their holdings by sponsoring the perimeter survey or excision (popularly known as gazette) of property belonging to a community. This implies that several of these properties have defective title from the beginning and should not be purchased if possible.

After ascertaining that the sellers hold good title to the property, Okeke should ask for all the charges and costs arising from the purchase of the property. This is because a number of real estate companies add certain fees and levies to the cost of the estate, ostensibly for the development of the estate, although several fail to use the funds for any such purposes. Their  refusal to develop the estate often slows the  pace of development within the estate, as well as the rate of appreciation for properties within the estate

 

We hope these tips will prove useful to you as you begin to navigate the world of real estate investment. For further information and consultancy, we may be contacted directly on +2348036258312, or by email on : info@miltoncrosslexng.com.

Your Landlord must give you a rent receipt!

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Credit: receipt-templates.com

Chinyere came into Lagos in 2008 with dreams of getting a good job with a juicy pay package. She started out staying with a friend in Akoka, until she was able to rent a miniflat in Bariga in 2010. After taking several low paying jobs, Chinyere got a marketing position with a new generation bank in Lagos Island and began preparing to enjoy life as a banker. She sub-leased a room in a 2-bedroom apartment located at Ikoyi from her co-worker Adenike. it was agreed that in consideration of the use of the room and common areas in the apartment, Chinyere would pay Adenike an annual rent of N500,000 to the existing tenant, being 50% of the N1 million charged on the property

Things went relatively well until Chinyere had a minor disagreement around 18 months after Chinyere moved in. After the disagreement, Adenike became hostile and and disagreeable towards Chinyere with the object of making her uncomfortable in the house. At the end of the tenancy, Adenike informed Chinyere that she would not be renewing the tenancy and as a result, Chinyere would be required to quit the room she was occupying with immediate effect.

Chinyere was shocked beyond belief! This possibly could not be legal. From her little knowledge of the law, an annual tenant was entitled to 6 months quit notice. She confronted Adenike with this information, and Adenike bluntly informed her that she was not  tenant but a mere occupier who could be summarily required to quit the premises, asking her to present any proof of rent payment or a tenancy agreement between the parties. At this point Chinyere was flummoxed! it appeared she had been hoodwinked by her friend; she sought out legal advice to understand whether she had any rights against Adenike, or if her rights were extinguished by the lack of a rent receipt.

Chinyere’s case is special, because amongst other provisions, Section 1 of the Lagos State Tenancy Law 2011 provides that the Law would not apply in the Ikoyi Area- However, this does not preclude her rights as a tenant.

It has been severally stated by the different courts that a tenancy relationship is deemed to exist where exclusive possession of a premises or a portion of a premises are granted by the landlord/sub-lessor to a Tenant/Sub-Lessee, for valuable consideration-no matter how small such consideration may be. This implies that the rent must have been paid in cash for this provision of law to apply.

Furthermore whilst Section 5 of the Lagos state Tenancy Law expressly criminalizes the non- issuance of a tenancy receipt, the law stipulates that once the tenant can prove that a rent has been paid, a tenancy will be deemed to have commenced in favor of the tenant and the Landlord cannot claim that a tenancy does not exist, even though a written tenancy agreement may not exist in the circumstances. Thus it is advisable for the tenant to always have proof of payment of the rent, either in form of a teller, an acknowledged photocopy of the cheque used in the payment of the rent, or any other proof of payment.

Consequently, having received monetary consideration, Adenike is precluded from evicting Chinyere without following the due process of issuing the statutory 6-month and 7-day notices. In this situation, Chinyere may take the matter to the Citizens Mediation Centre to facilitate the amicable resolution of the matter, or she may proceed to the courts to enforce her legal rights.

Can Your Landlord throw You Out Without Notice?

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James is a sound engineer, working with a prominent oil and gas servicing company in Lagos.  He lives in a rented 2- bedroom apartment in the Lekki environs with his wife and  younger brother. By all accounts he is an upwardly mobile young man with lots of prospects.

Disaster struck in  December 2016,  James lost his job due to rationalizations at his company, arising from the national recession. Having been sacked, James found it difficult to pay his bills, including his house rent on time as he was used to doing. After making several demands for the rent for close to 6 months , the landlord came with some thugs and forcibly evicted James  and his family from the flat, throwing his property into the street and locking the door. James came to his lawyers for advice on how to deal with the actions of his landlord.

The law is clear on the rights of a landlord and a tenant, especially with respect to the termination of the tenancy and the recovery of possession of the premises by the landlord. In the absence of any clause in the tenancy agreement stating otherwise, the landlord is expected to give the tenant adequate notice to quit and deliver up the premises. This general rule is that a yearly tenant should receive at least 6 months notice, a quarterly and semi-annual tenant is entitled to 3 months notice, while a monthly tenant is entitled to 1 month notice. Failure to issue and serve the proper notice to the tenant renders the notice invalid.  The notice should be given before the termination of the existing tenancy, as an additional day’s delay creates a fresh tenancy.

If the tenant still refuses to vacate the premises after the expiration of the quit notice, the next step to take  is to serve the tenant with a 7 day Notice of owners intention to apply to recover possession. After this expires, the landlord may then sue the tenant and after the magistrate has heard the matter, the court may make an order evicting the tenant if it is proven that he has breached any of the covenants or is in arrears of rent.

The effect of the forcible and unlawful eviction of James is as follows:

  1. The landlord committed a crime by forcibly evicting James
  2. The landlord is in breach of the tenant’s right to quiet possession and enjoyment of the premises.
  3. The landlord may be liable for assault if himself or any of the thugs assaults James in the process of forcibly removing him from the premises.

These breaches may render the landlord civilly and criminally liable. Consequently, it is essential to follow due process in the termination of tenancies.

 

More Real Estate Investment Strategies that will Make you Rich 2

Flipping Real Estate

Flipping

Outside Nigeria, flipping houses is one of the more popular tactics for making money in real estate, due largely to the numerous shows on cable TV that promote it.  House flipping is the practice of buying a piece of real estate at a discounted price, improving it in some way, and then selling it for a financial gain. In reality, the flipping model is quite similar to the “buy low, sell high” model of most retail businesses.

The most popular type of property to flip is the single family home. Following a rule of thumb known as the 70% rule, an experienced house flipper will buy a home for 70% of its current value less any rehab costs. For example: Home A should be worth N1,000,000 if it were in good condition, but it needs N200,000 worth of work. A typical house flipper will purchase the home for N500,000 (N1,000,000 x 70% – N200,000) and seek to sell it for the full N1,000,000 when completed. This is simply a rule of thumb, and actual numbers must be verified by a qualified construction expert and adjusted to ensure a successful and profitable flip.

Flipping is not a “passive” activity, but instead is just like an active day job. When an investor stops flipping, they stop making money until they begin flipping again. Many investors choose to use flipping to fund their day-to-day bills, as well as provide financial support for other, more passive investments.

More Real Estate Strategies that will make you Rich

Continued from Yesterday’s post….

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Now that we know the various types of real estate investments an investor can undertake, it is time to look at the different strategies an investor can use to unlock value from his real estate investment. While you can use any of the investment vehicles discussed yesterday in your career, you must next learn an investment strategy that you can apply to that niche. As an investor you will use a variety of strategies when dealing with these investment niches to produce wealth.

This article series explores three of the most common strategies that you can use to make money in real estate.

Buy and Hold

Perhaps the most common form of investing, the “buy and hold strategy” involves purchasing a property and renting it out for an extended period of time. It is probably the most simple and purest form of real estate investing that there is. Essentially, a “buy and hold investor” seeks to create wealth by renting the property out and either collecting monthly cash flow or simply holding the property until it can be sold for a gain in the future. the advantage is that the investor may receive cash flow from renting out the property.

By far the most common mistake that we see new investors make with this strategy is buying bad deals because they simply don’t understand property evaluation. Other common problems include underestimating expenses,making bad decisions on tenant selection, and failing to manage properly.

These mistakes can all be avoided, however, if you simply learn the business; jumping in without proper education can be extremely costly financially and sometimes, legally.To properly carry out the buy and hold strategy, an investor should learn how to properly identify the ebbs and flows of the market that a property is located in. Ultimately, when they perceive the market and the properties they are interested in to be at a low point (prices low, inventory high), the buy and hold investor seeks to purchase properties. When the market becomes over-heated, an experienced buy and hold investor will usually stop buying until they see things settle back down. During these slow periods, they may sell or simply continue to hold their properties.

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Legal Issues you Need to Know When Launching a Startup this year

Opeyemi was a successful engineer with an oil and gas servicing company; his job paid well and provided him with many perks and benefits. He lived in Lekki Phase 1, drove a nice car  and traveled round regularly to any country he wished.

In October 2016, Opeyemi came in to the office early and did his work as usual. Around 3pm, his boss called him into his office for a chat and informed him that due to cash flow issues affecting the company, the Board of Directors had decided to reduce the staff strength of the company. Consequently, Opeyemi was sacked with immediate effect.

Opeyemi is distraught and fearful of the future. He has heavy costs to bear and no way to provide for his lifestyle. After a conversation with his friends, he has decided to set up his own business in order to generate income.

Many Nigerians are Opeyemi’s shoes.

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After the recession with the attendant economic challenges and job losses that characterized 2016, it is understandable that individuals may want to start their own businesses in 2017. We have decided to give you some tips on forming a company, financing, and other things you may not have thought of but will definitely need to if you’re getting a business off the ground in 2017.

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  • ACTUALLY SET UP A COMPANY:

You won’t believe it, but some startup founders actually forget to actually form the company. They buy a domain name, set up a website, trademark the name and in some instances, actually raise substantial financing before they think of setting up a company. This course of action is risky because the founder may discover, too late, that the business name under which he had been operating already belonged to another company. Another obvious problem would be the inability of the startup to open a corporate bank account due to the unavailability of documentation.

  • EXECUTE A FOUNDERS AGREEMENT/PARTNERSHIP AGREEMENT

Many entrepreneurs commence businesses with partners on the basis of trust and do not sign any partnership agreement or founders agreement with their partners or co-founders. This situation often leads to very messy consequences especially when a partner desire to leave the business or where the creditors of a partner seek to recover any debts owed by the partner from the company. In such situations, the Partnership Act states that the profits and liabilities of the company will be divided equally among the properties, even though the claiming party may have provided a lower portion of the capital for the business.

  • SIGN CLEAR AGREEMENTS WITH SERVICE PROVIDERS

A common feature in technology startups is the contracting of technical work to independent contractors in return for a percentage ownership of the company or a percentage of the revenues from the business. It is really important to always promise a certain number of shares as opposed to a percentage because 5% before raising financing is a lot less than 5% after raising financing. If you don’t get around to actually doing the grant until post-financing, then all of the sudden you have given away a lot more of the company than you initially intended.

  • TRADEMARK, TRADEMARK, TRADEMARK

 When you’re thinking about what name you want to go to market with, always start with a trademark search so you can be sure that nobody else holds a trademark on the name within the class of goods or services. This will also help you avoid a potential problem down the road.

If someone comes to you and says you have to stop using their trademark, you’ll have to rename everything. Founders become very attached to their names, and they would like to fight it, and that might be a misuse of time and effort that could have been avoided at the beginning.

These issues and more should be deeply considered during the startup process, thereby reducing waste of time and energy and allowing you focus more on building a successful business than fending off threats to your business.

Milton and Cross Commercial Solicitors  provides legal advisory services to startup owners and investors. In addition, our affiliate company Upscale Business Resources provides business advisory services to Startup owners, allowing them to scale fast and well, and unlocking value from their operations. We may be contacted on 08036258312 or by sending an email to miltoncrosslexng@gmail.com

An Analysis of The Nigerian Real Estate Market

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Buying real estate in Nigeria without an understanding of the real estate environment within the country may be likened to walking into a river without first checking how deep it is.

Marketers often portray the real estate market as a treasure bank where you put in some money and get a lot more in return; you often hear phrases like:

‘Property Appreciates’,

‘Get rich from real estate’,

‘Don’t wait to buy, Buy and Wait’,

Loads of pure nonsense, if you ask me

We have taken the liberty to bring you a few reports on the Nigerian real estate market. Click on the headings to get to the reports

  1. Bluehedge Realtors Analysis of the Nigerian Real Estate Market:

This report is issued by Bluehedge Realtors a professional firm of Estate Surveyors and Valuers. The report is a bit low on detailed content, but it gives a quick overview of the real estate market in Lagos state

2. MCO Realties Q3 2016 report

This report issued by MCO Realities gives a quasi detailed discussion of the state of the real estate market within Lagos state, with a bias towards properties locate within Lagos Island. This report is short and sweet, and contains enough information to help you hold your own in a conversation. Top marks MCO.

3. Northcourt Nigerian Real Estate Market Outlook 2016

This rather lengthy report issued by Northcourt Real Estate reads like an investment proposal. It deals with a wider scope of locations and delves into the fundamentals that affect the property market. Quite a good read, if you can get past all the filler material.

Milton & Cross provides Real Estate Investment Advisory services to large scale and small scale investors within and outside Lagos state. We have adviced clients on several successful and value added transactions within Nigeria.

Mergers: Dating Before Marriage

Before a merger of companies actually takes place, while negotiations are ongoing, the companies need to review their operational systems and corporate culture. This is because each corporate body has their peculiar system of operations, values, trade culture and work ethics. The concept of dating before marriage consists of further steps taken after due diligence investigation in order to determine cultural compatibility. It is the stage where the companies enter into a compromise using the information gathered during the due diligence investigation in order to facilitate a successful merger.

Numerous studies have explored the key drivers for merger successes and failures. The overwhelming evidence is that over 70% of the time, mergers do not create synergies and shareholders of both companies involved do not see gains in shareholder value due to cultural incompatibility. The difficulty in blending two organisations lies in the fact that each group tends to see the world through its own biased cultural filters, popularly referred to as “familiarity blindness” or “cultural trance”. Several authors emphasize the value of “soft” due diligence audits, which focus on human resources and identification of cultural difference and its impact on the success of the merger. Some authors have also suggested that certain individuals are critical to the success of the merger and as such, should be identified and included in the merger process.
To avoid merger failures a diagnostic process has to be developed that allows a company to test the impact of a proposed business initiative or venture on those people most affected by it, to identify why it may fail and to establish precisely what has got to be done to make it a success. This tool can be applied to a proposed merger as part of the HR due diligence process, to identify and assess the cultural issues that will be encountered. The tool should be sufficiently flexible and scalable to be adapted, modified or enhanced to meet specific requirements.

EXECUTION OF BUSINESS IDEAS

We all get business or project ideas from time to time, some of these ideas flit around within our minds like moths seeking the light, others run around like puppies seeking expression, and others still pound insistently upon the walls of our minds, giving us no respite until they find expression through our actions.

However, before you go hell for leather chasing each business idea which comes to mind, we have outlined some steps which may aid you in the successful and sustainable executions of your ideas. These tips will also work for the business manager who needs to implement some strategic or operational business objective, as well as the project or team leader tasked with delivering a stated objective.

  • ASSIGN PROJECT LEADERS WHO WILL DRIVE EXECUTION: This especially applies to medium to large businesses, but may be applicable to small businesses as well. Every idea needs to have a key person who is responsible for interacting with stakeholders and driving the execution of the idea and delivering strategic, operational and tactical objectives to project stakeholders in terms with parameters laid down by project stakeholders. That person needs to be empowered to implement strategies required to deliver tasks that will move an idea forward.
  • IDENTIFY AND EVALUATE AVAILABLE AND DESIRED RESOURCES: Capital is an indispensable business input, and to many entrepreneurs, it appears to be sole input required to build a business. However, knowledge base, market intelligence, proper product design and the right team are important aspects of the execution process. The business owner/manager/project leader should evaluate which resources are required to execute their strategic, tactical and operational objectives and identify whether they possess those resources in the appropriate quantities required to achieve their stated objectives.
  • IDENTIFY AND EVALUATE CHALLENGES: The Business owner/ manager/ project leader should strive to identify and evaluate external obstacles (Macro–economic issues, market dynamics, and government regulations) that may impede the successful implementation of the idea. They should also evaluate their internal resources and capacity (financial, operational, legal) to achieve their  objectives  and mitigate or obviate any detected weaknesses during the planning and implementation process. That will ensure that the idea gets properly executed in the face of foreseen or unforeseen resistance.
  • SET SPECIFIC TIMELINES: The problem with many new ventures is that they have to fit in among team members existing job responsibilities. Consequently, procrastination  project delays may arise as more pressing issues and challenges arise within and outside the project environment. To create time pressure for the new venture, the business owner/manager/project leader should define specific deadlines by which actions and tasks have to be executed and supervise the delivery of team objectives in terms of the laid down timelines. In laying down these timelines, the team leader should consider the critical path required to achieve defined objectives at the highest quality, with negative impact on team members or team resources.
  • CREATE A MASTERMIND NETWORK AND BRAINSTORM: As you go about your daily life and business activities, identify and cultivate individuals who possess the requisite knowledge base, technical skills, energy, edge, and entrepreneurial experience that you will need to effectively and efficiently deliver your present and future objectives to work with you and have fun while doing it, as the saying goes, no man is an Island.Your mastermind network can as an advisory board to your business or project.
  • BELIEVE IN YOURSELF: Informed Self-belief is an essential requirement for any business owner/manager or project leader. This requires gathering information sufficient to understand the key elements of the project, the project drivers, the project environment, your internal resources, strengths and weaknesses and how your available and obtainable resources will enable you successfully achieve your objectives.  Provision should also be made for the consequences of your decisions or situations where events that are uncontrollable or unforeseen negatively affect your expected outcomes. Anytime you assume the responsibility to create something that had not existed before an opportunity to become a reality, you become accountable for your actions.
  • ALWAYS HAVE A PLAN ‘BAND BE READY TO START ALL OVER: Although we would always want to believe that all will be well, life sometimes happens. Sometimes, despite your best plans and efforts, your expected may not materialise. In such a situation, you may either take a breather, evaluate your mistakes and do it better, or where the cause of the failure was systemic (e.g a regulatory change, irreversible market evolutions, change in consumer tastes) it may be advisable to know when to cut your losses and jump ship or change your product or marketing strategy to fit the changing market.

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Non Circumvention Agreements

A non-circumvention agreement can protect your bu siness from being undercut or taken advantage of during  contractual negotiations with third parties, especially where the third party in question may obtain more advantageous terms from accessing your resources. This type of agreement also often includes non-disclosure and confidentiality clauses which further protect your company’s from unscrupulous individuals and companies.

An instance where you may require a non circumvention agreement:

You own a company that designs high-quality technology products. You, party A, design a modem to be distributed to stores nationwide. Party B, is a high-quality technology  manufacturer. You have contacted party B to manufacture these modems to your design specifications and then to ship them to some IT stores (party C). The non-circumvention agreement prevents party B from creating these modems for a lower fee arrangement than offered by party A. It also prevents party B from bypassing party A altogether and going directly to party C with the same products.

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The purpose of the Non circumvention agreement is to ensure that the identity of the introducing party’s contacts remain confidential, preventing the third party from circumventing the introducing party by engaging with their contacts or using their resources without obtaining their express consent. Essentially, once this agreement is signed by all active parties, and if it is violated, the violating parties will be responsible to pay penalty fees equal or greater than any remuneration the introducing party would have received had the contract not been violated.

Basically, if you sign the contract, you keep the introducing party included in any transactions and do not go behind their back or you will be liable to pay them hefty fees!

As an entrepreneur, you may sometimes encounter individuals who will seek to outmaneuver you. We advice that during all negotiations you ensure that all parties to the transaction execute Non Circumvention agreements to ensure that your interests are adequately protected from unfair competition.