Tuesday 16 February 2016

Dishonesty is the only policy

Dishonesty is the only policy

Selling a property in Goa, India, is like making deals with wolves in sheep’s clothing. You might end up winning ,but you come out badly scathed.
Being a Goan- Kenyan, I was oblivious of the way business is conducted in Goa. I thought it would be the same as in Kenya. My cousin had sold his half portion of a piece of land my father and his brother had inherited, to a prominent mining company. So  I approached the company and asked them to buy our portion as well. They offered us about one million rupees more than they paid my cousin. That was not the true value. We agreed thinking that was a fair price. Then mining was stopped in Goa, so the company put the purchase on hold.
After waiting for almost another 1 year,  I decided to look for buyer for the top portion of the property. In my utter stupidity, I approached a young salesman, who also doubled as a real estate agent.(I later learnt that anyone and everyone were potential agents, from a fish monger to a lawyer, be he educated or not). I will call him AJ, who brings me a buyer, BA, who has a factory, allegedly has money. He seems to have done some research on the plot. He makes an offer that amounts to about the same as the company, but for only half the land. I accept. Then a delay and he introduces BB, saying he is his partner, who will pay for this plot. I waited about 4 months, with no sight of any money
BA, seeing that BB is not coming forth with the money, informed BC, who approached me and offered Rupees 1 million more than BB. I accept, he gives me a cheque for the deposit, and he said within 30 days the transaction will be completed. No agreement was signed, on the advice of my lawyer.
After 30 days BC, starts to look for excuses to delay the closure. He alleged that he had top secret information from a government source that the property has been declared a forest. He said he would try to “talk” to the Chief Minister to remove it from the list. He asked me to wait, and not to tell anyone about it. It sounded like a con. And so I began to become suspicious. I gave him 3 weeks, then told my lawyer about it, who said it was not true. I then went to the forest department, and met the commissioner, who said the property was not declared a forest. By then Idecided I would not  sell the property to BC. It appeared like he was delaying  the completion because he wanted to get the price reduced or was looking for a buyer, he would sell it off to.
I informed him about my findings and told him that he could take his money back. I did not hear from him, so I put the property back on the market. At the same time A J introduced me to A L, a woman   who brought another buyer BD. There was full disclosure about buyer BC, yet BD wanted to proceed. When we entered into an agreement with BD, I informed BC that I found another buy and I was returning his deposit. He refused to accept it, and sued me. Seeking an injunction. Then buyer BD decided to cancel his deal with us, he took back his deposit and tore the agreement.
As the case was proceeding, buyer BE , a developer came to us and said he wanted the property and could handle BC and his case. We agreed, and while we expected him to conclude his process within 3 months, it took 8 months, because he was delaying the matter so that he could get his funds organised. Seeing that since there was no injunction with BC, our best bet was to sell the property to BE, and that would determine the case with BC, we had no choice but to wait.
BE turned out to have his own agenda. He apparently was approached by buyer BD to buy the property. He agreed to do so at a very high price. He then told BD he was not interested, and after BD rescinded his contract with me, BE sought us out and offered to buy the property, for much less. I got to know this when BD sued me seeking an injunction stopping me from selling the property to BE. Alleging that I still had his deposit and he produced a photocopy of the agreement, of which we had destroyed the original. In actual fact he was trying to blackmail BE and I tnto paying him a commission. It did not work out because an injunction was not granted  and ultimately the case was dismissed.
We signed the sale deed with BE, and were shocked to see him giving us post dated cheques .BE kept prolonging the payment of the cheques. The cheques were about to expire, and BE stopped taking my calls and refused to see me. I knew he was planning on scamming us, so I banked all the cheques, luckily 2  cleared, while 2 bounced. I sued him under section 138. I was not going to allow another Indian take advantage of me.
In the meantime, BC was informed that the property was sold, and after threats he finally withdrew his case.
BE  dreams of becoming  the top most developer in Goa. He thinks his aggressive nature (a Bully) and his “powerful witchcraft” will do it for him. Typically, he has no respect for women. Not wanting to be seen in court on the charge of bounced cheques he has tried to compromise by paying in instalment.   He tried to convince me to withdraw the matter, and my lawyer had refused. Getting upset, he started to abuse me, saying I am a woman of bad character, and that is why everyone has sued me. His arrogance blinds him from the reality of his dishonesty .  I am still awaiting the outcome of this matter. But one thing for sure that I refuse to be bullied by agent and so called buyer, who pretend to be refined and polished with their big cars and fancy offices. I am yet to meet an honest Agent in Goa. It’s pathetic!


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