Standing left: Lagos State Attorney General and Commissioner of Justice, Mr. Ade Ipaye speaking during the stakeholders workshop held in Lagos recently. Pix: Akinsanya Kayode |
By Olumide T. Agunbiade
As part of the commitment of the present administration to sanitize the Estate Agency practice and regulate the activities of the Property Service Providers in Lagos State, the state government has introduced a code of conduct for practitioners, which specifies the rule of practice, and punishment for defaulters.
The document mandates that a registered agent transacting business must have operational business premises or office within the state that will be verified ; maintain a record of his or her business transactions and shall open a separate bank account for that purpose; ensure that a prospective tenant or purchaser takes physical possession of the property paid for within 14 days except otherwise stated in writing and that his principal performs all necessary obligations due to the government under applicable legislation and regulation.
The document mandates that a registered agent transacting business must have operational business premises or office within the state that will be verified ; maintain a record of his or her business transactions and shall open a separate bank account for that purpose; ensure that a prospective tenant or purchaser takes physical possession of the property paid for within 14 days except otherwise stated in writing and that his principal performs all necessary obligations due to the government under applicable legislation and regulation.
Also, the code prescribes a standard of professional
conduct befitting an estate agent, which is that a registered agent must comply
with the fiduciary obligations to his or her client arising as a registered
agent.
Other provisions of the code of conduct are that a
registered agent must act in good faith and deal fairly with all parties
engaged in a transaction; must not mislead a customer or client, nor provide
false information, or withhold information that by law or fairness be provided
to a principal/prospect and that a registered agent is required to discover
hidden or underlying in property and must disclose known defects to the
principal.
The document “Titled “Code of Conduct of
Estate Agency Practice in Lagos State” was drafted by the Lagos State Real Estate
Transaction Department (LASRETRAD), a department under the Ministry of Housing,
in conjunction with the Ministry of Justice.
The state’s Attorney General and
Commissioner for Justice, Mr. Ade Ipaye who unveiled the document at a
stakeholders’ seminar that took place at the Adeyemi Bero Auditorium, Alausa
Secretariat on Friday, 29th November, 2013, called for maximum
cooperation of the practitioners. Ipaye urged them to deal faithfully with
their clients, saying that Lagos government frowns at any untoward behaviors,
as far as land matter or rent is concerned
He also informed the gathering that Lagos has
amended it criminal code, adding that “land stealing” is no longer a civil
matter, but now a criminal offence. “Besides, we are no longer tolerant of
fraud, either outside government or within the system. Indeed, we would be
happy to deal with any government official who engages in criminal deals, be it
in land, housing, even, in kidnapping. We have zero tolerance to all these
criminal activities”, he said.
Second Vice President, Nigerian Institution of Estate
Surveyors and Valuers (NIESV), Dr. Bolarinde Ajayi Patunola, said the setting
up of LASRETRAD has significantly improved the activities of the estate agents
in Lagos State.
Ajayi, who represented NIESVs’ President, Mr. Emeka Eleh,
gave kudo to the state on its stance on estate agency, however, added that much
still need to be done.
However, he said, with the coming on
board of the Association of Estate Agents of Nigeria (AEAN), which intended to
incorporate all associations and groups within the industry, greater
improvement would be witnessed.
“Estate Surveyors are not there to drive anybody away
from business, but rather to encourage the practitioners from different groups
on the best international practice. And this can be done through training and
retraining of the would-be practitioners. Because estate agency is first a
profession before it becomes a business. So practitioners must uphold the
ethics of the profession and bring such ethics to the business of the
profession’, said Patunola.
Earlier, Special Adviser to Governor Babatunde
Fashola on Housing, Mr. Jimoh Ajao, noted that the challenges of real estate
transactions in Lagos were very complex, urged all stakeholders to collaborate
with the government to bring the desired sanity.
Dignitaries
that attended the memorable workshop includes; former governor of Lagos State,
Alhaji Lateef Jakande, Hon. Commissioner, Ministry of Housing, Bosun Jeje, DSP
Nnamdi, The Chairman, Association of Estate Agents in Nigeria (AEAN), Mrs.
Oluwayinka Adedeji a representative of the MD, Lagos State Signage and
Advertisement Agency (LASAA), The Chairman, Lagos State chapter of the Estate
Rent & Commission Agents Association of Nigeria (ERCAAN), Hon. Godwin
Alenkhe.
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