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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