In
my last post, I wrote on the need for a statutory regulation to be promulgated
for estate agency practice in Nigeria.
So
today, I will be writing on the seven (7) different types of estate agents in
Nigeria, who are carrying out estate agency activities in one way or another in
the estate surveying and valuation profession.
Before
I go ahead with my explanation on the different types of estate agents in
Nigeria, let me quickly explain to you who an estate agent is, as this will
help give you a better insight and understanding as to the meaning and concept
of estate agency practice.
MEANING
OF ESTATE AND ESTATE AGENT
Estate
and Agent are two different words coined together to represent a descriptive appellation
for the person or business entity carrying out estate agency activities.
Estate is referred to as large piece of land owned by an
individual or group of persons. It is also described to mean a piece or large
piece of land with different types of buildings/structures been developed on it.
The
legal meaning of estate refers to the amount, degree or nature of a person’s interest
in land or other property.
An Agent is referred to as the person or business entity
authorized and/or instructed to act on behalf of another person – client – in a
business transaction with third parties based on an agency relationship they
have created.
Estate Agent on the other hand is regarded to mean the person
who carries out business activities in estate agency practice and whose duty is
to sell, acquire, lease and manage various classes of land and landed
properties on behalf of the client in consideration for monetary compensation
usually referred to as commission.
Estate
agents can specialize in either one or all of the following areas of estate
agency practice; sales, lettings, acquisition, property management and
valuation, but this will be based on their level of education, qualification
and professional training.
The
seven (7) types of estate agents in the Nigerian real estate management
profession are:
·
Sole/Exclusive Estate
Agents
·
Joint Estate Agents
·
Multiple Estate Agents
·
Sub- Estate Agents
·
Contract/Vendor Estate
Agents
·
Owner - Estate Agents
·
Quack Estate
Agents
SOLE/EXCLUSIVE
ESTATE AGENTS: As the name
implies, sole or exclusive agents are those types of estate agents that are
specifically appointed and given the full mandate by the client to act on
his/her behalf.
Sole
or exclusive estate agents can/will act on behalf of the client in all matters
relating to sales, acquisition, letting and management of land and landed
properties based on the instruction or mandate given to them.
This
is why you always find/see a single advertisement board of an estate agency
firm on a land or landed property either for sale or letting because the estate
agency firm and the client to the property has a sole/exclusive agency
relationship/agreement between them.
Where
a sole or exclusive estate agent successfully carries out the instruction and
real estate needs of the client, he/she will be paid a monetary sum –
commission – which was agreed upon between them during the creation of the
estate agency relationship/agreement as compensation for their services.
Where
a sole or exclusive estate agent has been appointed, the client can not employ
the services of other estate agents on the same real estate matter which he/she
has given his mandate or instruction to the sole or exclusive estate agent to
act on his/her behalf except when such sole or exclusive estate agency
agreement is terminated between them.
The
services of a sole or exclusive estate agent can be sought after by
individuals, corporate organizations or government parastatals.
JOINT
ESTATE AGENTS: These are estate
agents that have been jointly appointed and instructed together by the same
client in order for them to act on behalf of the client on a particular real
estate business transaction.
Unlike
where sole/exclusive estate agents are given a sole mandate or instruction by the
client, joint estate agents as the name implies are jointly given the same
mandate and instruction by the client to act on his/her behalf for a monetary
compensation – commission – to be shared among the joint estate agents so
appointed by the client.
Whenever
a joint estate agency agreement/relationship is to be created, the estate
agents to be jointly appointed by the client are usually formally introduce to
each other so as to spell out the contractual obligations and duties of all
parties involved in the estate agency transaction as they are all expected to
cooperate together to achieve the goal of the client.
One
of the rules of estate agency practice as been established by the Nigerian
Institution of Estate Surveyors and Valuers (NIESV) is that it is prohibitive
for professional Estate Surveyors and Valuers who have been appointed joint
estate agents in estate agency matter relating to either sales or lease, to
hang their separate advertisement boards on the same land or landed property
but instead, should use a joint advertisement board on the property bearing the
names of their estate firms as well as their contact details.
Each
estate agent in a joint estate agency agreement will be compensated according
to the agreement reached upon during the joint agency agreement/contract they
signed with the client.
The
services of joint estate agents can also be requested for by individuals,
corporate organizations or government parastatals based on their particular
real estate demand.
MULTIPLE
ESTATE AGENTS: This is where five
or more estate agents are instructed and appointed individually and/ or
continuously by the client to act on his/her behalf in an estate agency matter
relating to land or landed property sales, acquisition and/or lettings until
when these needs are met by either any or all of the multiple estate agents
been instructed.
Multiple
estate agents that have been appointed and instructed by the client will most
times not know themselves as the instructions and mandate of the client’s real
estate agency need is directed specifically to different estate agents. They
may however get to know themselves when their advertisement boards are
displayed on the property in question.
Multiple
estate agents are usually appointed when the client has a special preference
for a particular class of land or landed property within a particular
geographical location but which he/she is finding it very difficult to get.
It
is only the particular estate agent that is successful in fulfilling the
mandate of the client among the other multiple estate agents that will be
compensate at the end of the transaction.
SUB-
ESTATE AGENTS: These are estate
agents who are appointed by another estate agent to assist them in carrying out
and fulfilling the instruction and mandate of the client on a particular real
estate transaction. Sub- estate agents don’t usually have the direct
instruction or mandate of the client to carry out a particular real estate transaction on his/her behalf,
but only act as an assistant or colleague to the sole estate agent who has been
given the client’s instruction and mandate.
The
sub-estate agent and the head estate agent will normally agree on a fee-sharing
ratio to be apportioned to each other when they are able to successfully carry
out the client’s instruction.
CONTRACT/VENDOR
ESTATE AGENTS: These are those
types of estate agents that are registered real estate contractors/vendors with
a particular company or organization in offering their estate agency services.
Contract/vendor
estate agents would need to be registered with the particular company or
organization if they are to offer their real estate agency services to them.
It
is only those contract/vendor estate agents who are registered with the
particular organization or company that are given instructions and mandate to
act and carry out a specific real estate transaction on behalf of the client.
The
fee to be paid as commission would have been communicated and agreed to between
the particular company/organization and the vendor/contract estate agents prior
to them acting on the instructions of the client.
Vendor/contract
estate agents work in various sectors of the economy such as: financial
institutions, telecommunication companies, government parastatals, oil and gas
companies, etc
OWNER
- ESTATE AGENTS: These are
special estate agents that are finding their way into the real estate agency
practice of the estate management and valuation profession.
They
are referred to as owners of residential and/or commercial properties to be let
out while also acting as estate agents in marketing and finding suitable
tenants to the same property. They usually don’t appoint estate agents to act
on their behalf on the property to be let out or sale, but rather, they act on
their own selves.
Any
advertisement board and/or information displayed on the property to be let or
sale usually belong to them.
What
is usually encountered with these owner-estate agents is that they always
demand for estate agency commission/fee from anybody that wants to occupy their
property apart from the rental amount which will be paid by the prospective
occupants.
QUACK
ESTATE AGENTS: This refers to
those people who are without any formal training, education or qualification in
real estate management and valuation but are carrying out estate agency
activities to the general public.
They
have no professional expertise and/or skills in the act and science of estate
surveying and valuation but have encroached into the profession in one way or
another to carry out estate agency activities.
Due
to their numerical advantage in the real estate surveying and valuation
profession, they are widely consulted by the general public for most of their
real estate agency – property sales, acquisition, lettings and management – needs
as that is the only major area of their activities and practice in the estate
surveying and valuation profession in Nigeria.
ABOUT
ME
Adeniyi Akinjiyan is a
Higher National Diploma (HND) holder of Estate Management from the prestigious
Yaba College of Technology, Yaba, Lagos state, Nigeria. He possesses a
Professional Practice Certificate in Estate Surveying and Valuation from the
Nigerian Institution of Estate Surveyors and Valuers (NIESV).
He is the principal
consultant of Aakient Consultants Ltd, a highly progressive and consolidated
property and construction project management company, which is committed to
providing the highest level of professional services in meeting clients’ real
estate needs.
Feel free to contact
him at: aakientconsultants@gmail.com
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