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The buyer is also able to select the best location for his or her house and can also specify the finishes they prefer. The buyer can influence the type of the home and the quality of construction and finishes for their homes to some degree as opposed to complete homes. The value of the property typically increases as the construction progresses. Early buyers therefore have good potential to benefit from capital gains if the schemes are well done and delivered on time. Challenges Faced By Developers The challenges faced by developers in using off-plan sales as a strategy of financing real estate development are many. Common is always the difficulty in achieving the target amount of funds through off-plan sales, which may have dire implications if the developer was relying on these solely to fund significant parts of the development. Financing model for off-plan homes requires a careful balance in financing these construction with appropriate debt/and or investor equity and income from sales. If this is not done correctly, or in cases where the developer uses the buyers’ money for other schemes, the projects most likely will run into financial headwinds. It may also result in bank penalties due to project delays or inability to service the loans. Occasionally buyers of off-plan property fail to complete payment of the purchase price due to poor financial planning. Sometimes, in a desperate bid to achieve reasonable level of off-plan sales, developers are tempted to sell at much lower prices affecting the overall project feasibility. Challenges Faced By Buyers Challenges faced by buyers of off-plan property include potential fraud by unscrupulous developers; probability of distressed sale due to inability to complete purchase price payment; poor quality of construction; and delays in project delivery (Kimaru, Katwa 2018). Some undisciplined developers do not ring fence funds for specific projects, spending buyers’ monies on other projects. Eventually they cannot find the resources to complete the projects. In some cases drop in effective demand for new homes Granted, more specific regulation is needed for this typology of housing, but it is baffling why the government has allowed off-plan developers to operate as though there are no laws that apply to this type of construction causing untold harm and suffering to buyers. prevents speculative developers from raising funds from developing and selling new schemes. This is typically the end of the off-plan scams, at this stage they crumble like a house of cards. More often than not, developers are unable to complete the houses in the promised time frame and this can affect the buyers’ financial plans. Worse still buyers using bank loans to buy these would be servicing loans for a house that does not exist. In some cases, market conditions may change or the developer may over-promise returns such as rental yields and capital appreciation and on completion, the buyer achieves lower than expected returns. Sometimes speculative developers over price the schemes. It is important for the buyer to do their own due diligence rather than relying on marketers verbiage that is meant only to lure and in some cases misinform. Another challenge associated with these schemes is poor quality construction as developers try to cut costs and save money. Sometimes developers deliver substandard products hence the buyers do not get value for money unlike when buying a complete unit, where one negotiates the purchase price based on tangible evidence. Government and regulatory environment are weak providing low protection to buyers leaving them exposed to speculative developers. Unfortunately government policies have focused mainly on the supply side, concerned more about how to support developers rather than protecting the homebuyers. The next section discusses examples of off-plan sales gone awry. Suraya Properties Suraya started well with their developments, all of them marketed aggressively, through TV, radio and glossy brochures, for off-plan sales. By the time they crumbled, they had undertaken about 20 projects. This was quite a good portfolio. So why did they fail to deliver in most of their later projects in Nairobi, Kiambu and Kajiado County including: Fourways Junction Phase II, Lynx Apartments on Muchai Drive, Loneview Apartments on Mombasa Road, Sucasa in Kitengela and the Falls on Riverside? What went wrong? It was said that the Surayas (Sue and Pete Muraya who owned the company) were manipulative and high handed. They would force buyers to use their lawyers in housing transactions; ensuring that the contractual provisions left the buyers badly exposed and Suraya’s interest well secured. They encouraged buyers to deposit significant amounts of money towards the housing projects, which they indicated, wrongly that had secured significant sales, to lure more buyers. Most of the projects above did not even start constructing the building foundations. The irony is that even though Suraya failed to deliver on their part, they imposed punitive penalties on any late payments for these imaginary homes. Another problem seemed to have been financial indiscipline. Monies for one project were diverted to purchase of land and development of other projects. This scheme worked until demand for offplan homes plummeted denying Suraya resources from new schemes that they could roll over into older projects, hence the collapse of most of their schemes. At that stage Suraya would dump some construction materials on site, dig out the foundation, put a big sign of an upcoming construction and then disappear. The gyms, pools, boreholes, generators, playgrounds in the glossy brochures vanished with the Surayas, to be replaced with despair and hopelessness of buyers. Ekeza Sacco And Gakuyo Real Estate Another example of these failed offplan schemes is Ekeza Sacco, chaired by charismatic self-proclaimed Bishop cum politician David Kariuki alias Gakuyo. Gakuyo marketed land and housing, convincing members of Ekeza Sacco to register with Kshs 20,000 to be eligible for a three-bedroom house at Ksh 3.5 million and Kshs 10,000 for two bedroom houses with a price tag of Kshs 1.5 million at Joska Estate. He failed to deliver the homes despite collecting monumental amounts of buyers’ monies. The initiative, Gakuyo Real Estate, is under investigations by the Directorate of Criminal Investigations after clients accused the preacher of dubious land deals and embezzlement of funds. Mr Kariuki was accused of luring the public to his alleged con trap with creative advertisements on popular Kikuyu radio stations. A report by the Commissioner of Co-operatives indicated how the preacher spent millions to market Gakuyo and Ekeza activities. First, Kariuki mixed Gakuyo and Ekeza’s marketing activities with his political campaigns to become the Kiambu Governor in the 2017 elections. He spent Kshs 6 million in 2015, Ksh 50 million in 2016 and Ksh 78 million in 2017 on vernacular radio and TV stations marketing campaigns that the media aired live. He had promised to hand over the homes in March 2017 but failed to do so. Instead the management began taking members in circles, giving new pledges that the housing projects would be relocated to Nakuru and other places because the Joska development was no longer viable. Most of the investors are yet to get title deeds for their pieces of land leave alone the houses they have already paid for. Simple Homes, Simply A Con The worst of the three cases highlighted here was Simple Homes. There was nothing simple and no homes in this scheme - pun intended. This was a con scheme right from the word go. The scheme promised people that by paying normal house rent, they would be able to own their homes. The victims were only required to state the amounts of rents they were paying then and Simple Homes would quickly work out affordability schemes and payment plans for them to own new homes. The starting point was a down payment by each of the potential homeowners. The sweetener was that potential buyers could also buy a slice of the Simple Homes Company through purchase of shares. A number of people fell victim to the scheme, paid down payment for their homes and bought shares into Simple Homes. Long queues were seen outside Simple Homes offices in Nairobi’s Kilimani area as potential home owners lined up to be looted of their hard earned incomes. The story ended in tears. Like stuff of folklore, one-day, people went to Simple Homes offices as usual to pay their money for home ownership only to find that neither Simple Homes nor their offices were there. The scammers had closed their offices and vanished in thin air. It is estimated that they disappeared with over Kshs 500 million handed over willingly to them by their victims. The alleged architect of the scam, Mr. Argwings Kodhek alias Yasin Abubakar Kodhek with his comely consort, Nuzrat Sharif, were seen enjoying sun and beach in some coastal resort as their victims, haggard with sorrow from their loss, moved to the Director of Criminal Investigations to try to salvage their investments. They did not. Unlike most African folklore the story had a sad ending; the victims never recovered a single cent and Argwings Kodhek and his lover Nuzrat are still roaming free somewhere in the universe. Conclusions The stories of off-plan sales in Kenya are stories of greed, indiscipline, theft, enabled by poor state regulation and failure to act on the con cases. This realm is characterised by colourful con-characters whose only interest is to loot their victims; and gullible, equally greedy victims, who are easily lured with schemes that promise heaven and deliver hell. Meanwhile the state has failed to enforce existing laws that apply to off-plan sales or to develop regulations for the same. The moral of this story is: it is important to undertake due diligence and use professionals in all matters housing, especially off-plan sales. The adage is clear: “The investor is not your friend and the government will not protect you. If you decide to navigate this mine land without help, chances are that your story will be told on these pages with buckets of tears”. Prof. Alfred Omenya, B.Arch, M.Arch, PhD is an Architect and Urban Development Expert and the Chief Executive Officer of Eco- Build Africa. You can engage him on this or related matters via email at: [email protected]. 38 MAL36/20 ISSUE