What Do You Do when You find Yourself in a Situation where You can’t Control what’s happening around You? Well, simple: simply Challenge Yourself to Control the Way You Respond to what is happening around You. Look within Yourself and not outside of You. This therefore is where Your Real Power lies and not outside of YOU!

In the same way, what do you do as a seller or buyer of real estate when you find yourself in a situation where you can’t sell or buy your dream property as quickly as possible due to hard economic times and/or factors? Well, simple: simply Challenge Yourself to Think of Creative Ways of Selling or Buying Your Dream Property using Tailor Made Sales or Buying Strategies such as Seller-Buyer Financing Options!

So, Why Enter into a Seller-Buyer Finance Agreement or Option? Well, Here are the Advantages for both Seller and Buyer:

 i.) You can easily and quickly sale your property because there is no traditional bank involved. You the seller get to act as the Banker;

ii.) You end up making or earning extra money charging interest;

iii.) You continue receiving passive income on a monthly basis while you relax without needing to sale the property full throttle:

iv.) You get to sale your property at a higher sales price in the final analysis;

v.) You get to forfeit the initial down payment made by the buyer including any other monthly payments already made if the buyer happens to default depending on the terms and conditions of the seller-buyer finance agreement;

vi. You get to enjoy tax benefits via tax deference;

vii.) The subject property you are selling gets to act as collateral and you can also further require that the buyer signs a letter of personal guarantee for more security to ensure the buyer abides by the terms and conditions of the seller-buyer finance agreement.

i.) You don’t get all your money at once. BENEFIT: You end up making or earning more money in the long term;

ii.) Buyer may default. BENEFIT: You may get to forfeit the initial down payment made by the buyer including any other monthly payments already made if the buyer happens to default depending on the terms and conditions of the seller-buyer finance agreement;

iii.) The subject property may deteriorate in condition. MITIGATION: You can include an Addendum to the seller-buyer finance agreement that enables you to conduct periodic inspections of the property to ensure that the buyer is keeping the property in good condition failure to which it may result in rescission of the seller-buyer finance agreement with an option to forfeit the down payment already paid;

iv.) This sales strategy is not main stream, popular or highly adopted by most sellers and buyers. MITIGATION: More publicity or awareness of this sales strategy can result in mass adoption by the general populace as is being done via this very article!

i.) No traditional Bank Involved: No appraisal period, no strict financial statements or documents may be required by the seller, no waiting for long periods of time to have your loan approved and/or accepted. In other words, with seller-buyer financing, there is flexibility of terms and conditions as the individual seller himself or herself acts as the Banker;

ii.) You don’t have to raise that much money as down payment for the subject property depending on individual sellers’ needs;

iii.) In some instances, you may get control of the subject property whilst still paying for it or before you completely finish paying for it;

iv.) You may easily adjust the terms and conditions of the seller-buyer finance agreement based on the unique needs of the individual seller in question;

v.) You lock the sales price even when the subject property happens to appreciate in value in future;

vi. You can also use the Purchase and/or Contract of Sale as a Seller-Buyer Finance Agreement if you so wish and if you know how to do this that is! Further, you can equally use this same Purchase and/or Sales Contract to help you source for further finances from other financiers in order to finish paying for the subject property if you so desire that is.

Don’t know how to do this? Well, worry no more! We can help you do this at a reasonable fee if you like that is…..! Talk to us about this and we shall gladly guide you!  

i.) You end up paying a very high price in the long term. BENEFIT: You lock the sales price even when the subject property happens to appreciate in value in future;

ii.) The seller may sell the subject property to other buyers without you knowing it. MITIGATION: Ensure you place and register a Caveat on the subject property with the Ministry of Lands and Deeds Registry Bureau once you sign the seller-buyer finance agreement;

iii.) The seller may require that you also provide some other form of collateral aside from the subject property itself including the signing of a letter of personal guarantee. MITIGATION: Ensure you put up exemption clauses in the seller-buyer finance agreement that exclude you from providing further collateral and where possible exclude you from signing a letter of personal guarantee if you can that is;

iv.) You may need to graphically educate sellers on the workings of seller-buyer financing. BENEFIT: You may end up convincing some sellers to sell you their property via this very sales strategy with better terms and conditions thus making you buy the property of your dreams at the price you are comfortable with!!!!!

Still Interested in More Creative Seller-Buyer Finance Strategies? Well, Go Here ->http://bit.ly/2yYJz0r for FREE Details! You’ll Be Happy You Did!!!!!

“Don’t Wait to Buy Real Estate. Instead, Buy Real Estate and Wait” - Mark Twain. 
             
“Never Make a Permanent Decision in a Temporary Problem” – Dr. Myles Munrue.

“Every Problem is a Business Opportunity. You Just Haven’t Yet Figured Out How?” – Dr. Myles Munrue.

“Savers are Losers” – Robert Kiyosaki. Why? Because of Inflation based on the PV (Present Value) and the FV (Future Value) of Money! Therefore, Don’t Completely Save Money in a Bank Account. Instead, Buy and Invest in Real Estate as Mark Twain and Robert Kiyosaki advise. Why? Because Real Estate Appreciates in Value Over time compared to Money Saved in a Bank Account Due to Reasons Highlighted in the preceding sentences!  

LUSAKA CITY PLOTS FOR SALE:
​
1. 45m x 35m plot in Lusaka West Area @ K60,000; ((Pay 50%, Down Payment for this particular Plot and the Remainder on Flexible Terms);
2. 25m x 20m plot in Waterfalls Residential Area @ K85,000;
3. 25m x 20m plot in Meanwood Ndeke East Residential Area, Phase 1 @ K130,000;
4. 12m x 30m plot in Vorna Valley Residential Area situated about 400m away from the Tarmac Road @ K150,000;
5. 70m x 70m (1 Acre) plots in Palabana Residential Area situated direct opposite Palabana University @ K150,000 each;
6. 70m x 70m (1 Acre) plots in Chipalesa Area situated between National Housing Authority's Emerald Park and Savenda Farms off Leopards Hill Road @ K150,000 each;
7. 25m x 20m plot in Meanwood Ndeke Phase 1 @ K180,00;
8. 20m x 30m plot in Makeni Konga near Jehovah's witnesses situated about 200 metres away from the Tarmac Road and behind Makeni Police Station @ K190,000;
9. 18 Hectares Land in Kapyanga Area of Lusaka West formerly a Farming Resettlement Scheme Area @ K14,000 per Hectare;
10. 3 Hectares Land on Title Deed at 15 Miles Area and situated approximately 5 Kilometers away from the Great North Road @ K150,000 per Hectare;
11. 40m x 50m plot in Waterfalls Residential Area @ K350,000;
12. 20m x 25m plot with a structure built upto lintel level in Meanwood Ndeke Phase 1 @ K400,000; and last but not the least,
13. 30m x 50m plots off Airport Road behind Harvest Filling Station @ K550,000 each!!!

Interested? Then Call David Kapalu right Now on +260 966 388525 /+260 977 805045 /+260 955168754 or simply Whatsapp: +260 966 388525. MZIEA No. 321.
__________________________________________________

Copyright Notice © Davik Real Estate Agency - Zambia. All Rights Reserved.

The information on this web-page is copyrighted and protected by copyright laws of the Republic of Zambia and International treaties. The information published herein may ONLY be used and shared pursuant to the subscription terms and conditions of this page and any reproduction, copying & pasting, and/or redistribution (electronic or otherwise, including on the world wide web), in whole or in part, is strictly prohibited without the express consent and/or written permission of: Davik Real Estate Agency-Zambia and its founding member namely David Kapalu or its other personal representatives. Therefore, any unlawful and unauthorized reproduction, copying & pasting in whole or in part, or redistribution whether electronic or otherwise shall be punishable by law.

However, You are totally FREE to Share this Information with whomsoever You like as long as You Acknowledge and Give the full Attribution to the Author and this web-page as Your source. Failure to which it shall constitute an Infringement of this Copyrighted Material!!!!!!
--------------------------------------------------------------------
ABOUT THE AUTHOR - DAVID KAPALU

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor, Enthusiast and Trainer. He is also a Holder of a Bachelor of Laws (LLB) Degree from the Zambian Open University. He is Someone who Understands his Subject so Well and Knows How to Distil and Reduce Complex Matters into Simple to Understand Matters.
Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contact him for one on one real estate investment advice or legal advice!

He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Landscape!!!!

"The secret of power is consciousness (or: awareness) of power. For how can you use and/or apply power for which you are not aware or conscious of", declares Charles F. Haanel - Author of the Master Key System Book and a Man regarded as the Father of the  Personal Development Industry.

In the same way and borrowing Charles F. Haanel's words, the secret to enjoying your tenant rights is consciousness or awareness of your tenant rights. For how can you claim, enforce and/or apply your tenant rights if you are not conscious or aware of them. 

Therefore, knowing your rights as a tenant is the very first step towards claiming and/or achieving the protection and security of tenure of occupation of the demised or rented premises offered to you via the distinguished rent laws regardless of the country you currently live in. 

However, before delving into the nitty gritties of tenant rights, perhaps a great question to ask is, how is the relationship of tenant and landlord created and eventually recognized at law?

Well, the answer lies in the House of Lords case of Street v Mountford [1985] UKHL 4, where the court held that the relationship of landlord and tenant is created via a lease which is the grant of a right to the exclusive possession of land (whether bareland, residential or business premises) in favour of a grantee or lessee for a determinate period or term less than that which the grantor or lessor of the land in question has in it. 

However, there is a lot more meat to the above tenant-landlord relationship scenario but space will not allow me to delve into the details of what really constitutes a valid lease agreement or rather an agreement for a lease. But suffice to say that exclusive possession by the tenant with a determinate term or certainty of duration and a term less than that of the grantor or landlord brings into being a tenant-landlord arrangement capable of protection under the rent laws, rules and/or regulations of any Republic.  

However, the rights accruing to a tenant under most rent laws in many jurisdictions the world over do not extend to licensees. Why? Because their is a difference at law between a tenant and a licensee (or in other words: a difference between a lease and a licence that is). And if you wish to know the difference between a tenant and licensee, then please Click->HERE for details on this.

Well, tenant rights may either be: 1. expressly agreed by the parties themselves (i.e. landlord and tenant) in a lease agreement; 2. granted by statutory law; 3. implied rights.

Tenant rights may be expressly agreed upon by the parties themselves in the lease agreement. Express rights which the parties may mutually agree on in a lease agreement may include  but not limited to the following: 

i. Who pays for electricity, water and/or cabbage collection bills;
ii. When is the rent payable and at what times;
III. How is the rent to be paid e.g. in cash or via the bank / cheque payment;
iv. What is the notice period each party is supposed to give the other in case of termination of the tenancy relationship;
v. Who does the repairs; etc.

The above terms once agreed upon and signed by both parties become legally binding. Failure to which the affected party is at liberty to institute legal proceedings against the offending party for damages whether liquidated or not with the help of the court of course or where appropriate via arbitration or mediation as the case may be.

These are rights that are granted to a tenant by the statutory laws of a country. These statutory rights cannot be expressly excluded by the parties whether  they like it or not as to do so will be deemed to be unlawful, void and therefore of no effect. For instance, if you live in the Republic of Zambia, section 20 of the Landlord and Tenant (Business Premises) Act, Chapter 193 of the Laws of Zambia provides that, "any agreement relating to a tenancy to which this Act applies (whether contained in the instrument creating the tenancy or not) shall be void in so far as it purports to preclude the tenant from making an application or request under this Act, or provides for the termination or surrender of the tenancy in the event of his making such an application or request, or for the imposition of any penalty or liability on the tenant in that event".

Therefore, what this means is that statutory terms and/or rights are mandatory. They cannot be expressly excluded by both tenant and landlord but must be incorporated in the lease agreement. And where there is a blatant breach, the innocent party is at liberty to seek the Court's indulgence in the matter. 

So, as a tenant whether for residential or business premises, it is incumbent upon you to familiarize yourself with the provisions of the Rent Laws in your Country so as to be aware of them so that in the event of breach, you can then seek the Court's intervention to help you enforce and/or protect your statutory tenant rights. 

If you live in the Republic of Zambia, knowing and familiarizing yourself with the provisions contained in the Rent Act, Chapter 206 and the Landlord and Tenant (Business Premises) Act, Chapter 193 of the Laws of Zambia, is crucial to You either as a tenant or as a landlord. 

The rights and duties of both tenants and landlords are normally and generally governed by the provisions of the lease agreement itself. However, where a lease agreement in question is silent, certain rights, terms and/o conditions may be implied into the lease agreement by common law or even equity. These implied rights or terms may include but not limited to the following:

As a tenant, you have the right to be in immediate possession of the demised premises at the beginning of the term of the tenancy failure to which you may be entitled to damages if your enjoyment is substantially interfered with by the acts or conduct of the landlord. This implied common law covenant or right gives you the tenant the right to be put into possession of the whole of the demised premises, and to recover damages from the landlord if the landlord or indeed any of his her agents physically interferes with your enjoyment of the land. This right is not one for quite enjoyment in the strictest literal sense but that you the tenant shall be free from any disturbances or inconveniences by adverse claimants to the demised premises. Thus in the English case of Owen v Gadd (1965) 2 QB 99, a landlord was found wanting and in breach of the covenant or right to quite enjoyment of the demised premises when he caused loss of business to a tenant by obscuring his shop with scaffolding.
  
Further, in another English case of Kenny v Kenny (1963) 1 QB 499, a landlord was found wanting and held liable under the covenant for quite enjoyment of demised premises for attempting to drive out a tenant by persistent threats and/or violent behaviour. 

Whereas, in Perera v Vandiyar  (1953) 1 WLR 672, a landlord was held liable under the covenant for quite enjoyment of demised premises for inflicting physical discomfort on a tenant by cutting off his water, gas or electricity or depriving the tenant of proper washing facilities!

Finally, a landlord may be restrained from acting in a manner which is detrimental to the tenant by application of the principle that a landlord or grantor may not derogate from his or her grant of the tenancy. The landlord must also not frustrate the use of the land for the purpose for which it was let or leased out for. In order to constitute a derogation at law, there must be some act or conduct which renders the demised premises substantially less fit for the purposes for which they were initially leased out for. This right was exemplified in case of Aldin v Latimer Clark, Muirhead and Co. ((1894) 2 CH 437, where land was leased to a timber merchant for use for his business. The landlord was successfully restrained by the tenant from building on adjoining land so as to interrupt the flow of air to sheds used for drying the timber.   

And in conclusion, where any one of the above tenant rights are blatantly breached without any lawful justification whatsoever by a landlord, you the tenant is entitled to the following remedies: suing for damages whether liquidated or unliquidated damages; suing for an injunction to stop or prevent a continuing or threatened breach of a covenant; and last but not the least, suing for specific performance of the landlord's covenants, especially the landlord's covenant to repair items in the demised premises where this is applicable and to deduct any costs associated with carrying out of the landlord's required repairs on his behalf from future payments of rentals.

Well, Buy and Empower Yourself By Getting One or More of the Following Listed Plots for Sale. See List Below for Details:

1. 45m x 35m plot in Lusaka West Area @ K60,000; ((Pay 50%, Down Payment for this particular Plot and the Remainder on Flexible Terms);
2. 25m x 20m plot in Waterfalls Residential Area @ K85,000;
3. 25m x 20m plot in Meanwood Ndeke East Residential Area, Phase 1 @ K130,000;
4. 12m x 30m plot in Vorna Valley Residential Area situated about 400m away from the Tarmac Road @ K150,000;
5. 70m x 70m (1 Acre) plots in Palabana Residential Area situated direct opposite Palabana University @ K150,000 each;
6. 70m x 70m (1 Acre) plots in Chipalesa Area situated between National Housing Authority's Emerald Park and Savenda Farms off Leopards Hill Road @ K150,000 each;
7. 25m x 20m plot in Meanwood Ndeke Phase 1 @ K180,00;
8. 20m x 30m plot in Makeni Konga near Jehovah's witnesses situated about 200 metres away from the Tarmac Road and behind Makeni Police Station @ K190,000;
9. 18 Hectares Land in Kapyanga Area of Lusaka West formerly a Farming Resettlement Scheme Area @ K14,000 per Hectare;
10. 3 Hectares Land on Title Deed at 15 Miles Area and situated approximately 5 Kilometers away from the Great North Road @ K150,000 per Hectare;
11. 40m x 50m plot in Waterfalls Residential Area @ K350,000;
12. 20m x 25m plot with a structure built upto lintel level in Meanwood Ndeke Phase 1 @ K400,000; and last but not the least,
13. 30m x 50m plots off Airport Road behind Harvest Filling Station @ K550,000 each!!!​

All Prices Highly Negotiable! You may also pay a 50% Down Payment and the remainder in 3 to 4 months time!!!!!!!

Interested? Then Call David Kapalu Right Now on +260 966 388525 / +260 977 805045 / 0955 168754 or Simply Whatsapp: +260 966 388525. MZIEA No: 321.

Well, If Your Answer is a Yes, Then Please Click-> HERE for FREE DETAILS and Learn How You May Collect Your Overdue Rentals No Matter What.

-> Tenant-Landlord Dispute Resolution Advisory Services Using Non-Frictional / Confrontational Strategies;

-> Rental Arrears Recovery Advisory Services;

-> Legal Advisory Services in Land Dispute Matters;

-> Real Estate Agency Services;

-> Property Management/Administration Services;

->Fully Furnished/Virtual Office Space Letting;

-> Blockchain/Crypto-currency Based Real Estate Investment on a Global Scale.

Interested? Then Call David Kapalu Right Now on +260 966 388525 / +260 977 805045 / 0955 168754 or Simply Whatsapp: +260 966 388525. MZIEA No: 321.

------------------------------------------------------------------------------------

Copyright Notice © Davik Real Estate Agency - Zambia. All Rights Reserved.

The information on this Weblog-page is copyrighted and protected by copyright laws of the Republic of Zambia and International treaties. The information published herein may ONLY be used and shared pursuant to the subscription terms and conditions of this page and any reproduction, copying & pasting, and/or redistribution (electronic or otherwise, including on the world wide web), in whole or in part, is strictly prohibited without the express consent and/or written permission of: Davik Real Estate Agency-Zambia and its founding member namely David Kapalu or its other personal representatives. Therefore, any unlawful and unauthorized reproduction, copying & pasting in whole or in part, or redistribution whether electronic or otherwise shall be punishable by law.

However, You are totally FREE to Share this Information with whomsoever You like as long as You Acknowledge and Give the full Attribution to the Author and this Weblog-page as Your source. Failure to which it shall constitute an Infringement of this Copyrighted Material!!!!!!
-------------------------------------------------------------------------------------

ABOUT THE AUTHOR - DAVID KAPALU

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor, Enthusiast and Trainer. He is also a Holder of a Bachelor of Laws (LLB) Degree from the Zambian Open University. He is Someone who Understands his Subject so Well and Knows How to Distil and Reduce Complex Matters into Simple to Understand Matters.

Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contract him for one on one real estate investment advice or legal advice!

He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Landscape!

Renting out properties to other people whether for residential or commercial purposes is a business and as such every piece of rental property being rented out ought to be treated as a real and separate business entity with it's own records and/or books of accounts. 

So, How Do You Ensure You Collect Your Rentals No Matter What?

Well, the following 4 simple BUT very Effective Strategies will Help You achieve this. Read below.

Knowing your prospective tenants well is the very first thing you OUGHT to Do before you rent out your property to any prospective tenant. Why do this in the first place? Because you need to know beforehand whether the prospective tenant is the right one or not. And how do you know whether the prospective tenant is the right one or not? Use a Tenant Application Form (TAF). Why use this form? Because this form will help provide you with relevant data or information you need to enable you assess whether the person is the right one or not. This TAF form will contain inter alia questions like, why is the tenant in question leaving his or her current place of residence?; what is the name and phone number of his or her former landlord? (this will enable you to talk to the former landlord and find out more information which may be hidden away from you purposely); where does the tenant in question work? (this question will enable you to know whether the tenant works or not. And if the tenant works - which should normally be the case for obvious reasons-, the preceding question will also enable you to know his or her physical place of work so that in case the tenant runs away without your knowledge, you'll be able to trace such a one); what assets does the tenant in question own? e.g. Cars, etc. (this question enables you to know in advance what other valuable assets the tenant owns so that in case of deliberate rental payment default, you can then fall back on such assets as security for payment of your rental arrears if any that is).

And if you need a template of a Tenant Application Form, then please Click->HERE for inspiration!

Keeping records of monthly rental payments will help you in many ways. The first way it will help you is that you will have documentary evidence of the payments. The second way is that it will help you in terms of whether the tenant pays rentals on time or whether he or she always pays late. And where the tenant happens to be perpetually paying rentals late, then this can be a good ground for termination of the lease agreement and eventual ejectment of the tenant from your premises with or without the Court's intervention as was the case in Phiri t/a Shabbach Fashions and General Delears v Chipeta and Another (2011) ZMHC where the court rejected a request for a new tenancy by a tenant of business premises due to the fact that the landlord had already given notice to terminate the tenancy between the parties and had also successfully presented sufficient documentary evidence in form of bank statements showing perpetual late payments of rentals by the tenant in question. 

Where a tenant has accumulated a lot of rental arrears, do not just let the tenant go scot free simply because you want to get rid of him or her immediately (unless you have forgiven such a one). Instead, distress for rent so you can recover your accumulated rental arrears. In the Republic of Zambia, this can be done either through the Court only if the premises are for residential purposes or directly in person if the premises are for business purposes. And in both instances, court bailiffs can be engaged and of course at a minimal fee to help recover your rental arrears via seizure of the tenant's property until the rental arrears are paid in full failure to which the seized tenant's property is auctioned. 

Distress for rent is simply a summary remedy by which a person (landlord in this case) is entitled without the legal process to take into his possession the personal chattels of another (tenant in this case) to be held as a pledge to compel performance of a duty, the satisfaction of a debt or demand for the payment of damages. This is a common law right. In the English case of Lyons v Elliot (1876) QB 2210, the court observed that the right of distress is a right of a landlord to seize movable property from the demised or rented premises and to hold them until rent is paid or the service performed. Since the right of distress is a right of distress for arrears of rent at common law, it is therefore implied in every business lease agreement in Zambia.

Therefore, never, never, never let a tenant who has accumulated rental arrears go scot free when there are channels you can use right now to help you recover your much needed rental income.

Never wait until your tenant accumulates rentals to unmanageable levels as this may make it very difficulty and hard for you to recover your rental arrears.

Perhaps a great question to ask is, at what point are rentals considered to be in arrears, due and payable? 

Well, this question was ably answered by the Zambian Supreme Court in the case of Hampako v National Housing Authority (1988/89) ZR 61 ZMSC where the court held that where any rent is payable in advance, it becomes in arrears the minute it has not been paid on the due date. 

Therefore, as a landlord whether for residential or business premises, do not wait a long time to recover your rentals as doing so might work against you unless you have just forgiven the tenant in question or simply treated the rental arrears as a bad debt!

If you live in the Republic of Zambia and happen to have investment properties whether for residential or business purposes, you may make use of the Small Claims Court to help you quickly collect and/or recover your rentals from your defaulting and/or problematic tenants. The Small Claims Court is meant to be a fast track court intended to help people collect or recover their outstanding debts whether rental arrears or other forms of debt upto a maximum of only ZMK20,000. 

However, the only challenge with this fast track court is that it has jurisdictional limitations and other restrictions. Otherwise, it is an excellent platform to help any landlord or creditor wishing to collect or recover any outstanding debt amounting to only ZMK20,000!

NOTE 1: Currently Have Issues Collecting or Recovering Your Rentals From Your Tenants?

Well, talk to us. We can help you collect or recover your rental arrears no matter what.

Here Are Some of the Services We Offer:

-> Tenant-Landlord Dispute Resolution Advisory Services Using Non-Frictional/Non-Confrontational Strategies;

-> Rental Arrears Recovery Advisory Services;

-> Legal Advisory Services in Land Dispute Matters;

-> Real Estate Agency Services;

-> Property Management/Administration Services;

->Fully Furnished/Virtual Office Space Letting;

-> Blockchain/Crypto-currency Based Real Estate Investment Services on a Global Scale.

Interested? Then Call David Kapalu Right Now on +260 966 388525 / +260 977 805045 / 0955 168754 or Simply Whatsapp: +260 966 388525. MZIEA No: 321.

NOTE 2: LOOKING TO BUY AND INCREASE YOUR CURRENT INVESTMENT PROPERTY PORTFOLIO? WELL, CLICK ->HERE OR SIMPLY SEE BELOW FOR LATEST PLOT LISTINGS. 

PLOTS FOR QUICK SALE IN LUSAKA CITY AND NEARBY SURROUNDING AREAS:
​1. 45m x 35m plot in Lusaka West Area @ K60,000; ((Pay 50%, Down Payment for this particular Plot and the Remainder on Flexible Terms);
2. 25m x 20m plot in Waterfalls Residential Area @ K85,000;
3. 25m x 20m plot in Meanwood Ndeke East Residential Area, Phase 1 @ K130,000;
4. 12m x 30m plot in Vorna Valley Residential Area situated about 400m away from the Tarmac Road @ K150,000;
5. 70m x 70m (1 Acre) plots in Palabana Residential Area situated direct opposite Palabana University @ K150,000 each;
6. 70m x 70m (1 Acre) plots in Chipalesa Area situated between National Housing Authority's Emerald Park and Savenda Farms off Leopards Hill Road @ K150,000 each;
7. 25m x 20m plot in Meanwood Ndeke Phase 1 @ K180,00;
8. 20m x 30m plot in Makeni Konga near Jehovah's witnesses situated about 200 metres away from the Tarmac Road and behind Makeni Police Station @ K190,000;
9. 18 Hectares Land in Kapyanga Area of Lusaka West formerly a Farming Resettlement Scheme Area @ K14,000 per Hectare;
10. 3 Hectares Land on Title Deed at 15 Miles Area and situated approximately 5 Kilometers away from the Great North Road @ K150,000 per Hectare;
11. 40m x 50m plot in Waterfalls Residential Area @ K350,000;
12. 20m x 25m plot with a structure built upto lintel level in Meanwood Ndeke Phase 1 @ K400,000; and last but not the least,
13. 30m x 50m plots off Airport Road behind Harvest Filling Station @ K550,000 each!!!

All Prices Highly Negotiable! You may also pay a 50% Down Payment and the remainder in 3 to 4 months time!!!!!!!

Interested? Then Call David Kapalu Right Now on +260 966 388525 / +260 977 805045 / 0955 168754 or Simply Whatsapp: +260 966 388525. MZIEA No: 321.

Copyright Notice © Davik Real Estate Agency - Zambia. All Rights Reserved.

The information on this Weblog-page is copyrighted and protected by copyright laws of the Republic of Zambia and International treaties. The information published herein may ONLY be used and shared pursuant to the subscription terms and conditions of this page and any reproduction, copying & pasting, and/or redistribution (electronic or otherwise, including on the world wide web), in whole or in part, is strictly prohibited without the express consent and/or written permission of: Davik Real Estate Agency-Zambia and its founding member namely David Kapalu or its other personal representatives. Therefore, any unlawful and unauthorized reproduction, copying & pasting in whole or in part, or redistribution whether electronic or otherwise shall be punishable by law.

However, You are totally FREE to Share this Information with whomsoever You like as long as You Acknowledge and Give the full Attribution to the Author and this Weblog-page as Your source. Failure to which it shall constitute an Infringement of this Copyrighted Material!!!!!!
--------------------------------------------------------------------

ABOUT THE AUTHOR - DAVID KAPALU

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor, Enthusiast and Trainer. He is also a Holder of a Bachelor of Laws (LLB) Degree from the Zambian Open University. He is Someone who Understands his Subject so Well and Knows How to Distil and Reduce Complex Matters into Simple to Understand Matters.

Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contract him for one on one real estate investment advice or legal advice!

He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Landscape!

The General Rule of Law and Thumb when it comes to buying land in the Republic of Zambia is that as a buyer or potential buyer of land, you MUST ALWAYS buy land which is already on title deeds! Period. 

HOWEVER, as every learned legal mind knows, to every general rule of law there are always Exceptions! And this principle of exceptions also applies when it comes to buying land in the Republic of Zambia!

You see, the fact that the land in question you intend to buy is NOT YET on title deeds does NOT automatically make it illegal or that it does not belong to the person who professes to be the Owner of the land at the time. People may decide to sell their land which may not be already on title deeds due to a number of factors and these factors may include but not limited to the following:

1) Due to Financial Pressure;

2) Sickness;

3) Change of personal or business investment plans;

4) Due to a workplace transfer;

5) Unfounded and Baseless Fears (F.E.A.R: False Experiences Appearing Real);

6) Due to long periods of time and costly processes associated with the subdivisions of land and eventual obtaining of title deeds for their land as they may not have sufficient financial muscle at the time to do this particular work as well as lack the patience to wait for the title deed documents to come out;

7) Or Simply want to quickly get some cash out of their land to solve some emergency problems such as school fees, pressing court case issues, etc.

Therefore, due to the above factors and many, many other factors not enumerated herein, a seller might decide to sell his or her land to a buyer in waiting as long as such a buyer does not mind buying such a piece of land without the actual title deed documents being in place provided actual ownership of the land in question can be properly ascertained via other alternative methods of proving and establishing actual ownership which I shall explain later on in brief.

SO, WHY AM I WRITING AND SAYING ALL THIS?

You see, in my experience of being a real estate investment agent, I've discovered a secret strategy used by most savvy real estate investors who own a lot of real properties or real estate in diverse places of the Republic of Zambia - whether residential or commercial properties. What these people do is this: they identify and buy land or real properties at give away prices which many ordinary people are scared to death to buy due to the land in question seemingly lacking proper documentation. These people buy such land at give away prices after satisfying themselves of the genuineness of the land in question including its alleged owner through alternative means or methods of proving and establishing actual ownership and then proceed to put the paperwork or documentation of the land in question properly. After obtaining all the necessary paperwork in form of title deeds, they then proceed to re-sell this very land at higher price values than what they initially got it at. This is their secret real estate investment strategy to buying land. They buy land very cheaply which everyone is scared to death to buy due to lack of proper paperwork by taking advantage of the incomplete paperwork and then proceeding to complete the paperwork to its fullest and then either finally cash in heavily or get to keep the properties for long term investment rewards!

This investment strategy has always been used by a number of well-known, savvy and wealthiest capitalist or investors who look for lucrative investment opportunities in areas where others are scared to death to invest in (such as war zone areas) by moving in early before the dust settles so that by the time the dust finally settles down, they are already fully established and running their businesses successfully thus giving them the unfair advantage in terms of investment returns!

SO, WHAT ARE SOME OF THE ALTERNATIVE METHODS OF PROVING AND/OR ESTABLISHING ACTUAL LAND OWNERSHIP WHERE THE LAND IN QUESTION IS NOT YET ON TITLE DEEDS?

1) Ask for an Offer Letter issued by either a local Council or by the Ministry of Lands Bureau. The said Offer Letter if any must contain the seller's names and other particulars such as NRC Nos. etc;

2) In the absence of an Offer Letter, then ask for a Local Council Recommendation Letter which should also show among other things the seller's names and NRC Nos.;

3) In the absence of the local Council Recommendation Letter, ask for either Local Council Minutes, any other relevant official correspondences pertaining to the land in question, and/or even get an official and personal assurance from Higher Authorities in relation to the land in question issued by the local Council and its officials;

4) Ask neighbouring plot or landowners about the authenticity and genuineness of the plot or land in question including what the neighbouring plot owners think might be the true and original owner of the said piece of land you are interested in. Do such an inquiry or investigation surreptitiously without the seller or his or her agents knowing about your private inquiries and/or investigations;

5) Ask also for the local Council Proposed or Approved Legal Diagrams or Maps regarding the entire stretch of land as well as ask for the specific plot number and position of the plot on the diagram in question;

6) Finally, ask for cash receipts if any paid in connection with the particular piece of land or plot!

The above methods of proving and establishing actual ownership of land where title deeds have not yet been obtained may be used and/or applied collectively or singularly depending on the particular circumstances of a given real life scenario.

Therefore, do not miss out on a great and excellent real estate investment opportunity to buy land very cheaply just because the land in question doesn't have title deeds. However, like in every other investment opportunity, please make sure you do your own independent research, due diligence and investigations to avoid the unthinkable happening as usual!

Finally, one more cardinal point to take note of seriously is this: if you were to buy for instance a piece of land in the Silverest Area of Lusaka Province which is already on title deeds, then you would have to be prepared to spend an average barest minimum price of between K100, 000 (approximately $5,556) and about K150, 000 (approximately $8,334) or above for a minimum plot size of 20m x 30m (or 600 square metres) that is. Whereas, in the Meanwood Chamba Valley Kwamwena Area, a titled plot size of 50m x 50m (or rather: 2500 square metres or half an Acre) would cost an average barest minimum price of between K200, 000 (approximately $11,112) and K250,000 (approximately $13,889) or above depending on a particular seller’s price preferences!

"HOW DO I KNOW THIS", YOU MAY ASK?

Well, simple. I've been in this real estate investment agency business for some time now. I've also garnered enough experience and expert knowledge in this field along the process of doing and conducting this business.

Also, there are tried and tested ways or methods of valuing real properties or land you wish to buy or invest in before you actually cash in and these are:

1. USING COMPARABLE SALES VALUES: This is a cost effective way or method of establishing and coming up with real estate property values. Simply find out from other recent buyers as to what price range exactly have homogeneous or similar properties or similar land size recently been sold out at in the area you are interested to buy land in. And then compare that with the price the current seller is offering you at. If the current seller is offering you his or her land at a price range similar in range or slightly lower in range, then chances are that you have a very good bargain!
If however, the price range you are being offered is higher than the average prices in the area of your choice, then most likely it is not a good bargain! Simply respectively and majestically walk away and find other properties to buy elsewhere....

For more info on other real property valuation methods, Click ->HERE!

And in conclusion as always, please, please make sure you do your own independent research and due diligence before investing your own hard earned money into any kind of investment to avoid the unthinkable happening. This information herein is given for educational purposes and does not constitute or should be held as direct professional advice. Always do your own independent investigations and research to verify the authenticity and genuineness of the information given or simply consult other independent professionals and/or local authorities such as local Councils concerned or the Ministry response for land if it is a land issue for verification and validation of information and advice given!!!!!!

Talk to You soon. And stay blessed and go well in your own real estate investment opportunity endeavours!

NOTE: LOOKING FOR LAND MEETING THE ABOVE CRITERIA?  WELL, SEE BELOW FOR DETAILS:

PLOTS FOR QUICK SALE IN LUSAKA CITY AND NEARBY SURROUNDING AREAS:
​1. 45m x 35m plot in Lusaka West Area @ K60,000; ((Pay 50%, Down Payment for this particular Plot and the Remainder on Flexible Terms);
2. 25m x 20m plot in Waterfalls Residential Area @ K85,000;
3. 25m x 20m plot in Meanwood Ndeke East Residential Area, Phase 1 @ K130,000;
4. 12m x 30m plot in Vorna Valley Residential Area situated about 400m away from the Tarmac Road @ K150,000;
5. 70m x 70m (1 Acre) plots in Palabana Residential Area situated direct opposite Palabana University @ K150,000 each;
6. 70m x 70m (1 Acre) plots in Chipalesa Area situated between National Housing Authority's Emerald Park and Savenda Farms off Leopards Hill Road @ K150,000 each;
7. 25m x 20m plot in Meanwood Ndeke Phase 1 @ K180,00;
8. 20m x 30m plot in Makeni Konga near Jehovah's witnesses situated about 200 metres away from the Tarmac Road and behind Makeni Police Station @ K190,000;
9. 18 Hectares Land in Kapyanga Area of Lusaka West formerly a Farming Resettlement Scheme Area @ K14,000 per Hectare;
10. 3 Hectares Land on Title Deed at 15 Miles Area and situated approximately 5 Kilometers away from the Great North Road @ K150,000 per Hectare;
11. 40m x 50m plot in Waterfalls Residential Area @ K350,000;
12. 20m x 25m plot with a structure built upto lintel level in Meanwood Ndeke Phase 1 @ K400,000; and last but not the least,
13. 30m x 50m plots off Airport Road behind Harvest Filling Station @ K550,000 each!!!
All Prices Highly Negotiable! You may also pay a 50% Down Payment and the remainder in 3 to 4 months time!!!!!!!

Interested? Then Call David Kapalu Right Now on +260 966 388525 / +260 977 805045 / 0955 168754 or Simply Whatsapp: +260 966 388525. MZIEA No: 321.
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Copyright Notice © Davik Real Estate Agency - Zambia. All Rights Reserved.

The information on this Weblog-page is copyrighted and protected by copyright laws of the Republic of Zambia and International treaties. The information published herein may ONLY be used and shared pursuant to the subscription terms and conditions of this page and any reproduction, copying & pasting, and/or redistribution (electronic or otherwise, including on the world wide web), in whole or in part, is strictly prohibited without the express consent and/or written permission of: Davik Real Estate Agency-Zambia and its founding member namely David Kapalu or its other personal representatives. Therefore, any unlawful and unauthorized reproduction, copying & pasting in whole or in part, or redistribution whether electronic or otherwise shall be punishable by law.

However, You are totally FREE to Share this Information with whomsoever You like as long as You Acknowledge and Give the full Attribution to the Author and this Weblog-page as Your source. Failure to which it shall constitute an Infringement of this Copyrighted Material!!!!!!
------------------------------------------

ABOUT THE AUTHOR - DAVID KAPALU

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor, Enthusiast and Trainer. He is also a 4th Year Bachelor’s Degree Law Student Studying with the Zambian Open University. He is Someone who Understands his Subject so Well and Knows how to Reduce Complex Matters into Simple to Understand Matters.

Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contract him for one on one real estate investment advice!

He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Land Scape!

It is unwise not to recognize and acknowledge the devastating effects brought about by the coronavirus disease pandemic on both national and international economies. This has in turn resulted in the sudden disruption of most business operations in many countries the world over forcing both big and small business enterprises to inevitably send their employees either on paid or unpaid leave due to loss of business and as a way of preventing and/or stopping the spread of the disease at work places. And in some certain extreme cases, some employees' contracts have either been temporarily suspended or outrightly terminated.

Moreover, distinguished Governments all over the world in an effort to contain, prevent and/or outrightly stop the further spread of the coronavirus disease, have also introduced measures aimed at reducing and/or outrightly ending the devastating effects of this highly contagious disease. Notable amongst the measures introduced, for instance in Zambia, include the introduction of legal measures such as statutory instruments numbers 21 and 22 of 2020 which provide legal provisions and guidelines on how to contain, prevent and/or stop the spread of this disease.

Further, executive orders have also been issued restricting and/or outrightly banning the carrying out of certain lines of business activities such as the operation of bars, night-clubs, gymnasiums, schools and universities and restaurants for a certain period of time until further notice. All this has been done in order to contain, prevent and/or outrightly stop the spread of this common enemy called coronavirus disease.
Therefore, as a result of these inevitable but highly important measures taken by distinguished Governments all over the world, most business enterprises including certain categories of employees working for these affected enterprises have been negatively impacted in terms of income generation capacity thereby likely to default on rental fee payments to their respective landlords.

SO, WHAT ARE SOME OF THE SIMPLE SOLUTIONS THAT BOTH LANDLORDS AND TENANTS AFFECTED BY THE EFFECTS OF THE CORONAVIRUS CAUSED ECONOMIC CRISIS CAN IMPLEMENT RIGHT NOW?

Well, the relationship between landlords and tenants is governed by a legal instrument or rather a contract known as a "Lease" which simply spells out the rights and duties of each party to the agreement based on "Consensus ad idem" or a "meeting of the minds". Therefore, what this means is that the parties are at liberty to get back to talking terms and find amicable ways of dealing and resolving the issues affecting them.

The Parties Can Decide and Mutually Agree To:

1. FREELY Excuse one of the parties to the contract (especially tenants who are on the weaker side) from paying rental fees and Extend the time required to perform the contractual obligations under the contract during the affected period of the coronavirus disease restrictions just like Brooklyn Landlord Mario Salerno of New York, U.S.A and Jeff Larabee did to their residential and business premise tenants respectively. Watch Videos below for Details: 

2. Temporarily suspend but not outright termination of contractual obligations during the affected period; and lastly,

3. Outright termination of the entire contractual obligations under the said contract and this therefore means that the contract comes to an end.

The first two possible solutions are preferable but not the last one. Why? Two reasons for this:

Firstly, because no one in their sane and right mind will want to start a business during this time of crisis which falls within the restricted line of businesses and rent business premises knowing fully well that it will be difficult or impossible to do that kind of business at this point in time.

Secondly, even if a landlord was to decide to evict a tenant during this period of the coronavirus disease restrictions, he or she would still find it hard or difficult to locate other tenants to occupy his or her premises where the line of business falls within the restrictions imposed by the authorities.

So, it is therefore much easier and better to keep tenants already occupying your premises (particularly business premises) during this hard and difficult time than to evict such tenants so that when things normalize you as a landlord would still be in a position to recoup your accumulated rental fees than risk not having anything if you decided to evict your current tenants in favour of the unknown ones. And should a tenant completely fail to pay accrued rental fees for whatever reasons, then you as a landlord still has the option of suing the defaulting tenant for the recovery of the same even if it took you a long time to do that. But finally you would still be in a position to recover your money in the final analysis.

SO, WHAT'S THE LESSON TO BE LEARNT FROM THIS CORONAVIRUS CAUSED ECONOMIC CRISIS?

Well, that people ought to anticipate in advance things that could go wrong in their business transactions and/or business agreements and then try by all means possible to incorporate such terms and conditions as be may necessary to avoid or to at least completely reduce or eliminate the occurrence of such unforeseen circumstances to a bare minimum.

Moreover, people also need to learn to diverse their investment portfolios or rather their income generation sources (see >>https://www.davikrealestate.com/video.html) so that when one investment portfolio or one income source does not perform well such as in times like these, then another investment portfolio or income source will still compensate for the other failing one thereby still maintain a level of financial security and freedom thus avoiding financial stress and cater for unforeseen circumstances.

Furthermore, this brings in 2 distinct legal concepts or doctrines that ought to be discussed in summary namely: force majuere and frustration. There is a lot more detail to these two legal concepts than meets the eye. However, only an overview of these concepts will be discussed herein in order to cement and concretize this write up.

FORCE MAJEURE

Force Majeure is simply french for "Superior Force" meaning that it represents something that happens which is beyond the control of the parties to a contract and so renders the performance of the obligations under the contract impossible or rather very difficult to carry out. Examples may include: Acts of God such as natural calamities like storms, earthquakes, volcanic eruptions, sudden and natural disease outbreaks, etc which result in the disruption of economic activities thereby affecting businesses in the short and/or long term process. Therefore, all these represent examples of force majuere events. And sometimes, even a change in law may represent a force majuere event. Normally provisions relating to force majuere are often incorporated in commercial agreements such as in construction or supply of goods and services. And a provision relating to the same must be expressly incorporated beforehand in a contract if a party is to rely on it later on. And where such a provision has not been expressly incorporated in a contract beforehand, then an affected party may not plead force majuere as a defence. Instead, that affected party can plead frustration as a defence.

Successful pleading of force majuere as a defence by one of the affected parties may result in one of three scenarios namely:

i. Extension of time required to perform the contractual obligations under the contract for the period of the force majuere event; and

ii. Temporary suspension but not outright termination of contractual obligations; and lastly,

iii. Outright termination of the entire contractual obligations under the said contract and this therefore means that the contract comes to an end.

For force majeure to be successfully pleaded, an affected party must satisfy three requirements namely:

1. That the event must be beyond the reasonable control of the affected party;

2. That the affected party’s ability to perform its contractual obligations under the contract must have been prevented, impeded or hindered by the force majuere event; and lastly

3. That the affected party must have taken all the reasonable steps, precautions and/or measures under the circumstances which sought to avoid or mitigate the force majuere event or its consequences.

THE DOCTRINE OF FRUSTRATION

In the absence of an express force majeure proviso in a contract, the parties may then be able to rely upon the doctrine of frustration. By distinction, the doctrine of frustration is not available to an affected party if the contract contains an express force majeure proviso since the said express proviso will be treated as the agreed manner of apportioning the risk between the parties concerned.

The Doctrine of Frustration will apply where:

1. the underlying event is not the fault of any party to the contract;

2. the event or circumstance happens after the formation of the contract and was not foreseen by the parties; and

3. it becomes physically or commercially impossible or difficult to fulfill the contract, or transforms the obligation to perform into a totally different obligation from that initially undertaken by the patties.

The doctrine of frustration automatically brings the contract to an end. Therefore, the parties to a contract will no longer be bound to perform their future obligations under the contract. So, because of the resultant effects of the doctrine of frustration, the burden of proving frustration is much higher than that for contracts containing force majeure provisions.

NOTE: LOOKING OR INTERESTED IN BUYING OR INVESTING IN LAND IN ZAMBIA?

Well, look no further: See available land below.

1. LUSAKA CITY PLOTS FOR SALE: 18m x 28m plot in Ranchdale @ K45,000; 25m x 30m plot in Waterfalls Area @ K65,000; 50m x 50m plots x 4 of them in Palabana Area @ K65,000 each; 20m x 33m pot in Ranchdale @ K110,000; 30m x 30m plots x 2 of them in Chelstone's Roads Camp Area @ K150,000 each; 25m x 30m plot in Silverest Area @ K150,000; 20m x 20m plot in Chamba Valley @ K150,000; 30m x 50m plot in Silverest @ K250,000; 50m x 50m plot with a 2 Roomed Structure in Silverest @ K300,000; 50m x 60m plot in Silverest @ K350,000; and last but not the least, 40m x 100m plot situated just along the Tarmac Rd in Ranchdale Area perfect for either a Fiilling Station, shopping Mall or School @ K550,000. All Prices Highly Negotiable! Interested? Then Call David right Now on +260 966 388525 / +260 977 805045 / 0955 168754 or Simply Whatsapp: +260 966 388525. MZIEA No: 321.

2. NDOLA CITY PLOTS FOR QUICK SALE: 15m x 30m plots x 6 of them in Mushili Hillside Area @ K18,000 each; 20m x 30m plots x 4 of them in Mushili Hillside Area @ K20,000 each; 20m x 30m plots x 10 of them in Upper New Jacaranda Villa Area @ K25,000 each; 30m x 50m plots x 5 of them in Dolla Hill Area along Mufulira Road @ K60,000 each; and last but not the least, 30m x 50m plot in Dolla Hill Area @ K80,000. All Prices Highly Negotiable! Interested? Then Call David now on +260 966 388525 / +260 977 805045 / +260 955 168754 or Simply Whatsapp him: +260 966 388525.
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Are You a Landlord or Know Someone Who Happens to be a Landlord? Do You OWN or know Someone Close to You who Owns ANY kind of Rental Property such as Residential and/or Commercial Real Property? Are You or are they COMMITTING ANY one or more of the Nine (9) Dangerous and Costly Mistakes Landlords Make Unknowingly? Well, find out For FREE by Clicking>>>HERE!

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Copyright Notice © Davik Real Estate Agency - Zambia. All Rights Reserved.

The information on this Facebook-page is copyrighted and protected by copyright laws of the Republic of Zambia and International treaties. The information published herein may ONLY be used and shared pursuant to the subscription terms and conditions of this page and any reproduction, copying & pasting, and/or redistribution (electronic or otherwise, including on the world wide web), in whole or in part, is strictly prohibited without the express consent and/or written permission of: Davik Real Estate Agency-Zambia and its founding member namely David Kapalu or its other personal representatives. Therefore, any unlawful and unauthorized reproduction, copying & pasting, or redistribution whether electronic or otherwise shall be punishable by law.

However, You are FREE to Share this Information with whomsoever You like as long as You Acknowledge and Give the full Attribution to the Author and this Facebook-page as Your Source failure to which it shall constitute an Infringement of this Copyrighted Material!!!!!!
____________________________________________________________________

ABOUT THE AUTHOR - DAVID KAPALU

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents - MZIEA No. 321, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach and Trainer. He is also a 4th Year Bachelor’s Degree Law Student studying with the Zambian Open University. He is Someone who Understands his Subject so Well and Knows how to Reduce Complex Matters into Simple to Understand Matters.

Therefore, Call/Sms/WhatsApp him right now on +260 966 388525 and contact him for one on one real estate investment advice!

He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market.

Want to Know the Main Reasons Why You may still be a Tenant as opposed to being a Home Owner or Landlord?  Then continue reading on.

This Blog article could probably be the Most Important article you’ll ever read on Home Ownership.

And the next best thing You MUST DO dear blog reader after reading this article today is to take immediate action. Why? Because without this action, You may never be able to build and/or invest in Your own dream house till kingdom come because inaction, procrastination and ignorance could be the reasons why You may still be a Tenant.

SO, WHAT MIGHT HAVE BEEN HOLDING YOU FROM BUILDING AND/OR INVESTING IN THAT DREAM HOUSE OF YOURS UP TO THIS TIME NOW?

Well, the problem may have been one or more of the following main reasons elaborated below.

1. NOT MAKING UP YOUR MIND TO BECOME A HOME OWNER

The Holy Bible says and I quote:

"A Double Minded Man Is Unstable In All His Ways" - JAMES1:8 (KJV).

As the Holy Bible rightly puts it up above, One of the many reasons why a lot of people are still tenants is because they are Undecided or rather they haven’t yet made up their minds to become home owners or landlords. The starting point of all achievement is ‘A Burning Desire'. A ‘Burning Desire' to become a home owner or landlord. If your Desire is Strong Enough and you seriously Decide to build and/or invest in your own house, nothing can stop you from achieving that goal. If you make up your mind today to become a homeowner, you will be surprised as to how much speed you will gather when it comes to building your own house.

The only problem is that many people have misplaced priorities. Home Ownership isn’t a top priority for them! Razzmatazz through posh looking cars and expensive daily lifestyle choices is their top priority. “Baza Ziba Bwanji?” (How are other people going to know)  – Except through Razzmatazz (showing off) – to reflect a Powerful and Well to do Impactful lifestyle!  And if that reflects you my dear friend, then good luck!

2. THE FEAR OF FAILING

Sometimes fear can be good. When you are afraid that things are going to get worse if you don’t do something, it can prompt you into doing something positive about that situation. But it is not good when you are so afraid that the fear keeps you from doing that positive something. Most people look at their current unpalatable financial situation and get discouraged and are afraid of attempting a great project like building and/or investing in a house of their own.

In my case, I started with a very small amount of money namely K6,500 (which was roughly about $300) at that time which enabled me to first of all buy a piece of virgin land in Chestone Township, Lusaka City, and then started developing it later on at my own time and pace. And today this house earns me a monthly rental income of K1,800 (approximately $180 per month! Guaranteed monthly rental income - whether I work or not.

Also, remember that you’re not in a race against any one whatsoever. Simply commence that building or home investment project of yours at your own time and complete it at the pace you’re comfortable with. Never attempt to compete against any one. It’ll only make you become stressful for nothing and stress is something to be avoided at all costs. WHY? Because stress isn’t good for your overall health. 

So, buy a piece of land with what you have at your disposal right now and then other stages will follow later on. One good thing about building a house is that it is in stages!

I discuss various home investment strategies in greater detail HERE with or without any money at all.

3. LACK OF PROPER AND ACCURATE INFORMATION ON WHAT IT TAKES TO BUILD AND/OR INVEST IN A HOUSE

This is another reason why many people never own or build their own houses. This is why I have endeavored to write this very blog article here to help you figure out what might have been holding you back.

Information and/or Knowledge is Potential Power. It ONLY becomes Great Power when applied. However, merely possessing information or knowledge about home ownership may not guarantee your success out rightly but NOT possessing or rather disregarding such vital information or knowledge may make it pragmatically impossible for you to even own your own home.

So, start by getting investment information or knowledge first. If you lack information or knowledge about something or a particular subject, you will gamble and gambling is terribly dangerous. Why? Because you’ll end up making costly mistakes that will result in you loosing your hard earned money. Therefore, to be forewarned is to be forearmed!  GET informed by clicking ->HERE!

4. DEPENDING ON ONE SOURCE OF INCOME – YOUR JOB

This is another reason why some people are still tenants because they depend on Only one source of income and that is their job. Their income is not enough and they have not looked for alternative ways of supplementing their little income from their regular day jobs.

In fact, it has now become old fashioned to rely solely on one source of income these days!

So, try by all means possible to diversify your income portfolio. There are a number of things one can do to help increase one’s income levels like this part time business for instance ->HERE!.

This is a type of business that allows one to do it purely in their spare time without necessarily disturbing or stopping whatever one is currently doing. It actually helps people to multiply their income sources to enable them achieve their goals of either financial freedom or simply building and/or investing in their own dream houses!

You Might Exclaim, “I Do Not Have Any Money and/or Capital At All To Do The Things I Want Such As Building Or Investing In My Own Home”

Well, here is what Napoleon Hill, author of the most popular and influential book of all times  ‘Think and Grow Rich’ had to say about Capital or Money in his other best seller book entitled, ‘How To Sell Your Way Through Life’ and I quote him below:

"All Anyone Really Requires As Capital On Which To Start A Successful Career Is: 1. A Sound Mind, 2. A Healthy Body And 3. A Genuine Desire To Be Of As Much Service As Possible To As Many People As Possible."

And perhaps the fourth point to add to Napoleon Hill’s formula for Capital is this -> Value Addition! Why? Because Value = Income.

Here are Five (5) Reasons why Value Addition is an Essential Additive Component to Napoleon Hill’s FREE Capital Formula mentioned above:

a) Value comes First before Money,

b) Value is in People. In other words, People place Value on Things,

c) The Intangibles e.g. Knowledge, Understanding,Wisdom, Intuition, Skill, Talent, Information etc, are More Valuable than the Tangibles,

d) Value is Determined by the Number of People you are able to Serve or Attract at a particular point in time,

e) Not only must you offer Things of High Value BUT also those Things must be of Good Quality!

So, make sure you add Value to the Things you do and money problems will be a thing of the past and eventually buying, building and/or investing in your own dream house will be much easier and highly possible.

However, if You find Napoleon Hill’s FREE Capital Formula hard to apply, then Here are 5 Other FREE Money Making Ideas for Your own Consideration:

i. Turn What You Know or Your Expertise, Professional Skill,Talents, and/or Gifts into Profitable Training e.g. Producing some educational or training programs like Dvds, books, cds, etc in specific topics intended to Help Other People GET ANSWERS to their specific Problems.

You see, dear blog article reader and friend, between the ears of every person or every organization’s employees, their is knowledge, skill, talent, know-how and expertise that goes largely unused.

As an example, one of my many American business mentors used to work for a certain high-tech company selling networking equipment. He realized that their customers desperately needed to KNOW what his own support staff knew - (That's why they were calling for support and help in the first p lace.)

Moreover, he also knew of a service /installation company in Pennsylvania, USA, that literally had vast experience with this kind of equipment than any other company in the country.

So, with the help of this very particular company in Pennsylvania, He assembled a Training Program and they together sold it to their customers for $1,500 a head. Every $1 they spent mailing their customers flyers about their training events, earned them back $8 in sales.

And by the way, please understand that, before they did this, they were NOT even remotely in the training or seminar business. Their main business was selling industrial equipment. But the training programs or materials they created earned them an extra revenue stream and it also did something else great: It positioned them as Experts for training on this very particular technology in their Industry.

ii. Sell Other People's Stuff - Such as books, cds, dvds,clothes, or indeed any other products and services to earn yourself some profit; for instance, like this opportunity ->HERE!

Or alternatively, simply partner with us in this very real estate business and help refer the people you know to us so they can buy what we offer in terms of real property and then earn yourself some commission for referring others to us. If interested, then please get in touch with me and we will formalize everything!

iii. Get Yourself Any Kind of Job or Extra Job Regardless of Whether You Like it or Not.

The rationale behind all this is just for you to help yourself earn some extra cash whilst you organize yourself financially.

iv. License Something You Have Rights To To Another Person or Organization - I'll again just stick to the example I already gave you above.

Once my American business mentor who I mentioned above had this training system in place, he decided to sell it or rather license it to another major trade organization who in turn sold it to their 300 member companies.

If therefore, you happen to have any kind of real business,then you probably have something you can license to somebody else to help you earn some extra cash to enable you buy or invest in your dream house!

v. Tollgate Joint Ventures - If you're 'only' a consultant or freelancer, but you have friends or clients who do have a "real business", You can license their know-how to others and keep some of the profits in your pocket. That's called a Tollgate Joint Venture. The essence of doing this is making it easy for the people on both sides.

Therefore, be willing to do the donkey-work and make it easy for yourself to earn yourself some extra cash as well as others and you'll discover that there's little resistance and thus enable you buy, build and/or invest in your own dream house.

5. WRONG ADVICE

This is another reason why you may still be a tenant and why you may not yet have built your own home. Taking the wrong advice from the wrong people can be quite detrimental to your goal of building your own house. This is why you must mingle with people who will give you sound financial and real estate investment advice.

If your associates are those people that already own their own houses, chances are that, they will also advise you on how to build and own your own house too. Just make sure you avoid the classic case of the blind leading the blind scenario.

6. HAVING MORE CHANNELS OF EXPENSES THAN INCOME

This is another reason why people postpone building their own houses because the channels of their expenses are so many and even the competing liabilities are also more than the income coming in. Expenses such as heavy beer drinking, smoking, careless spending of your hard earned money on girl-friends, etc must all be seriously curtailed.

Spend your money on what I like to call ‘Productive Expenditures’ rather than on ‘Unproductive Expenditures’.  Productive Expenditures are expenditures where their is a very high chance of you getting back the money you’ve spent e.g. advertising, money spent educating yourself in matters of investment like real estate investment books, paying someone to mentor you, etc .  Whereas Unproductive Expenditures are expenditures where their is completely no chance of you getting back your money once you’ve spent it e.g. heavy beer drinking and money given to girl-friends for naught. Yes, you may give something to your girl-friends for services rendered, BUT at least give responsibly rather than extravagantly!

So, ensure that you control your expenses and think of diverse ways of multiplying your income sources rather than relying solely on one source. And if you’re to spend your money, then at least spend it on "Productive Expenditures" as opposed to "Unproductive Expenditures".

The issue is not about not having money to use to build, invest or rather buy your own dream property, but the real issue is having money and yet spending it on all the wrong things. Or worse still, having money and yet not know where and how to spend it productively!

7. PESSIMISM

Some people are so down-right negative in their thinking and believe that it is not possible for them to buy land and build a house of their own.

Also their fear of loosing their hard earned money through crooked land dealers or estate agents is more than the pleasure associated with building and/or owning their own dream home. This kind of mental attitude can have such a paralyzing effect on one and make you become a nonentity in your life.

The key is to reverse this trend with caution in mind of course!

8. INSTANT GRATIFICATION

Others have this terrible habit of wanting to eat and enjoy heavily NOW and then suffer the consequences later. In other words, they are not willing to sacrifice Now and pay the price of discipline of cutting one luxury for the sake of building and completing that dream house of theirs. They believe in eating now and leaving everything else to chance rather than careful planning.

9. OLD MAN PROCRASTINATION

To some, Old Man Procrastination has been the main reason.This is simply the habit of putting off something which is supposed to be done today for instance, to tomorrow or the other day. It has always been next year “I will do something” and before you know it, it is already five years and you have not yet taken steps to begin that something. Yet in that period, you could have built that house instead of wasting time procrastinating!

10. LAZINESS

For some people, it is simply laziness. They are not ready to do that extra work or simply start that part time business that will help them earn extra income to buy land and build and finish their house. They prefer watching television programs and/or engage themselves in other recreational activities like drinking beer the whole day than to engage themselves in some income generating projects like this one for instance ->HERE!.

11. AND FINALLY, THE WORST OF ALL THESE REASONS IS THE CLASSIC CASE OF WAITING FOR THE RIGHT OR PERFECT TIME TO BUILD OR INVEST IN THAT DREAM HOME

The worst of all these reasons is the classic case of Waiting for the Right or Perfect Time to buy land, build and finish that house of your choice.

Time will never be just Right or Perfect for you my dear friend. Start with whatever tools and financial resources you have right now at your command and then better tools will be found as you go along the way.

The Secret is to just START!

If you have realized like many people who have read this blog article that you need to buy a piece of land and build yourself a house of your own, then please click ->HERE for a detailed list of plots for sale. Alternatively, if you're looking for a HOUSE to BUY, then click->HERE for a list of houses to buy. Or if you feel you're still not yet ready to buy and/or invest in your own dream house now and therefore prefer renting houses for ever and ever, then please click->HERE for a list of properties for rent.

Hope you got blessed by this blog article. Moreover, please, "LIKE" our Facebook-Page ->HERE if you found this information valuable as well as hit the "Share Button" to help spread the word around concerning such good and empowering information.

Looking forward to hearing from you.

I love to hear your comments; both positive and negative ones are all welcome. They make me improve my works!

So, dear blog article reader, go right ahead and drop your comments below....!
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Copyright Notice © Davik Real Estate Agency - Zambia. All Rights Reserved.

The information on this Weblog-page is copyrighted and protected by copyright laws of the Republic of Zambia and International treaties. The information published herein may ONLY be used and shared pursuant to the subscription terms and conditions of this page and any reproduction, copying & pasting, and/or redistribution (electronic or otherwise, including on the world wide web), in whole or in part, is strictly prohibited without the express consent and/or written permission of: Davik Real Estate Agency-Zambia and its founding member namely David Kapalu or its other personal representatives. Therefore, any unlawful and unauthorized reproduction, copying & pasting, or redistribution whether electronic or otherwise shall be punishable by law.

However, You are FREE to Share this Information with whomsoever You like as long as You Acknowledge and Give the full Attribution to the Author and this Facebook-page as Your source failure to which it shall constitute an Infringement of this Copyrighted Material!!!!!!
______________________________________________________________________________

ABOUT THE AUTHOR - DAVID KAPALU

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor and Enthusiast and Trainer. He is also a 4th Year Bachelor’s Degree Law Student Studying with the Zambian Open University. He is Someone who Understands his Subject so Well and Knows how to Reduce Complex Matters into Simple to Understand Matters.

Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contract him for one on one real estate investment advice!

He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Land Scape!

Letting, leasing and/or renting out of residential rental properties to other people is a business and as such keeping business records of each and every one of your residential rental units whether a single room or a multiplicity of rental properties is a good and standard business practice. Not only is it a good and standard business practice, it is also a vital legal requirement under the laws of the Republic of Zambia particularly the Rent Act, Chapter 206 of the Laws of Zambia.

Records such as those pertaining to the rental income received from tenants as well as expenditure incurred in the course of improving, repairing and/or upgrading the rental property in question must be documented and maintained without fail.

BUT WHY SHOULD THIS BE SO?

Because there are a number of various reasons for this. And these reasons are tabulated below.

1. Legal Requirement

It is a legal requirement in Zambia to keep and maintain records such as a 'Rent Book' for instance by a landlord of residential rental property particularly of the rental income received as well as the expenditure incurred as already alluded to in the preceding paragraph above. And failure to do so on the part of a landlord results in punitive consequences under the law.

The relevant law in question is section 19 of the Rent Act, Chapter 206 of the Laws of Zambia which provides as follows verbatim:

"(1) Every landlord of premises shall keep or cause to be kept in respect of the premises a Rent Book in such form as the Minister may, by statutory instrument, prescribe, and shall supply a copy thereof to the tenant without making any charge therefor.

(2) The landlord shall maintain or cause to be maintained in the Rent Book a record comprising the parties to the tenancy, the premises, the standard rent and the rent payable under the tenancy, if different from the standard rent, and all payments of rent made, and the landlord shall sign or cause to be signed by his agent each entry in the rent book.

(3) Any landlord who contravenes the provisions of subsection (1) or (2), shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding six months, or to both".

2. Records Help In Dispute Resolution Between The Parties

Keeping and maintaining records such as a rent book especially by the landlord including the tenant helps in resolving disputes in case of default on the part of the tenant in terms of paying rental fees, misunderstandings or other differences that come as a result of the landlord and tenant relationship. For the landlord, it helps him or her in terms of concrete and cemented evidence when the rent book is tendered in court as evidence showing how a tenant may have been defaulting when it comes to payment of rental fees.

Therefore, as a landlord, never make it so easy for a tenant to make it so difficult for you to recover your rental fees arrears as a result of want of concrete evidence on your part when trying to prove your case in a court of law regarding how hard and difficult a tenant has been in meeting his or her tenant obligations. Such seemingly simple things as keeping and maintaining a Rent Book can turn out to be a nightmare indeed for an affected landlord when the need arises for such documentary evidence. Shrewd lawyers and tenants who are knowledgeable of such matters can capitalize on this vital missing piece of evidence and make a landlord loose his or her case for want of this vital corroborative piece of evidence!

3. Records Help When It Comes To Increasing The Standard Rent Payable By a Tenant

Keeping and maintaining records especially expenditure on repairs, improvements and/or upgrades on the part of a landlord helps when it comes to wanting to increase the monthly standard rent payable by a tenant as long as it is done within the provisions of the relevant law particularly section 11 of the Rent Act which stipulates how the standard rent may be increased by a landlord if a landlord wishes to increase the same that is.

Part of Section 11 is hereby reproduced below verbatim for your own convenience and easy of reference:

"(1) A landlord may, by notice in writing to the tenant, increase the standard rent of any premises, that is to say:-

(a) in the case of premises upon which the rates payable by the landlord have increased since the prescribed date-

(i) by the amount of such increase, where the premises were let on or before the prescribed date; and

(ii) by the amount of the increase in rates payable by the landlord since the premises were let, where they were let after the prescribed date;

(b) in any case where the landlord has, since the prescribed date, incurred expenditure on the improvement or structural alteration of premises (excluding expenditure on redecoration or repair, whether structural repair or not) or in connection with the installation or improvement of a drainage or sewerage system or the construction or making good of a street or road executed by or at the instance of a local authority, by an amount calculated at a rate per annum not exceeding fifteen per centum of the expenditure so incurred".

4. Records Help When It Comes To Accessing Required Financing From Financiers Such as Banks and Other Funders!

Keeping and maintaining records by a landlord can also help one when the need to access and obtain further financing from the various financiers arises. These funds may be needed in order to help a particular landlord improve, make alterations to existing infrastructure and/or make repairs or even use the funds advanced for outright purchase of new real estate stock thus increasing a landlord's portfolio of real property investments. The banks or financiers will be able to provide these funds to a particular landlord on the basis and evidence of records kept and maintained in the form of the Rent book showing the rental income receivable per month as well as expenses. If the rental income received per month shows in the Rent book that it is more than the expenses incurred, then this provides the financiers enough evidence and justification to issue such funds knowing that they will be able to get back their money via monthly deductions if such a landlord's rental income passes through a bank account!

5. Records Help With The Determination of Payment of Relevant Taxes Such As Withholding Tax on Rental Income Earned

Keeping and maintaining records also helps both the landlord and the tenant in determining the tax payable particularly withholding tax on rental income received. It also makes it easy for tax authorities to calculate the tax payable by landlords as well as verification of the rental income received and expenses incurred in the course of the residential rental property business done by landlords.

Therefore, in conclusion, as you've read and seen, it is crucially important for both the landlord and tenant to keep and maintain records due to the reasons enumerated above. This helps both the landlord, tenant as well as other concerned parties and authorities such as financiers like banks and tax authorities when it comes to issuing or advancing loans and calculating tax payable by landlords respectively!!!!!!!!

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🔸So, Check out the FREE Details by Clicking ->HERE! ___________________________________________________________________________

Copyright Notice © Davik Real Estate Agency - Zambia. All Rights Reserved.

The information on this Weblog-page is copyrighted and protected by copyright laws of the Republic of Zambia and International treaties. The information published herein may ONLY be used and shared pursuant to the subscription terms and conditions of this page and any reproduction, copying & pasting, and/or redistribution (electronic or otherwise, including on the world wide web), in whole or in part, is strictly prohibited without the express consent and/or written permission of: Davik Real Estate Agency-Zambia and its founding member namely David Kapalu or its other personal representatives. Therefore, any unlawful and unauthorized reproduction, copying & pasting, or redistribution whether electronic or otherwise shall be punishable by law.

However, You are FREE to Share this Information with whomsoever You like as long as You Acknowledge and Give the full Attribution to the Author and this Facebook-page as Your source failure to which it shall constitute an Infringement of this Copyrighted Material!!!!!!

NOTE: Happen To Have or Own Some Piece of Rental Property Whether Commercial or Residential and is or are Experiencing Challenges and/or Problems Locating Good Paying Tenants? Well, Tell Us About It Today Using The Comment Box Below or Simply Click HERE and We Should Be Able To HELP You In This Matter In Record Time at a Very Minimal and Manageable Fee.
______________________________________________________________________________

ABOUT THE AUTHOR - DAVID KAPALU

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor and Enthusiast and Trainer. He is also a 4th Year Bachelor’s Degree Law Student Studying with the Zambian Open University. He is Someone who Understands his Subject so Well and Knows how to Reduce Complex Matters into Simple to Understand Matters.

Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contract him for one on one real estate investment advice!

He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Land Scape!

Well, first things first....There are two separate pieces of legislation or laws in the Republic of Zambia that govern landlord and tenant relationships. And these are the Rent Act, Chapter 206 of the Laws of Zambia and the Landlord and Tenant (Business Premises) Act, Chapter 185 of the Laws of Zambia. The former governs the renting of residential rental properties whilst the latter governs matters pertaining to renting of business premises. The primary objective of these two distinct pieces of legislation is to ensure the security of tenure for tenants occupying such properties so as to prevent landlords from evicting tenants arbitrarily or even blatantly locking out tenants from such premises with or without any justifiable reasons.

Moreover, these two pieces of legislation differ slightly in their content and applicability when it comes to enforce-ability of their provisions. And there are also slight similarities in their content and applicability at the same time.

For instance, when it comes to renting of residential rental properties, the Supreme Court in the case of Lily Drake v M.B.L Mahtani and Professional Services Limited (1985) ZR 236, held among other things that the TRUE PURPOSE of the Rent Act, Chapter 206 of the Laws of Zambia is to PROTECT tenants even where a landlord provides PROOF that his or her case comes within the provisions of this very particular piece of law, it is still incumbent upon a landlord to PROVE that the premises are reasonably so required by him or her to occupy or take possession thereof due to the fact that a tenant has defaulted either in terms of paying rental fees on time or in complying with the other terms and conditions of the tenancy agreement.

Whereas in the case of business premises let out to a tenant, the provisions and applicability are almost the same except that a landlord needs to STRICTLY COMPLY with the formalities and procedures regarding the giving of notice to quit the tenancy where a tenant defaults whether in terms of paying rental fees on time or in complying with the other terms and conditions of the tenancy agreement and that a landlord MUST state his or her grounds of opposition to the application of a new tenancy by the tenant to the court. Failure to STRICTLY follow these formalities and procedures by a landlord who goes further and locks out a tenant without providing the affected tenant an opportunity to respond to the notice will put the particular landlord at risk of paying damages to the tenant as well as the court granting a new tenancy to the tenant as was illustrated in the Supreme Court case of Mususu Kalenga Building Limited and Another v Richmans Money Lenders Enterprises Limited (1999) ZR 27.

For your convenience, the brief facts of the above quoted case were that....the landlord entered into a verbal tenancy agreement with the tenant in 1996 following which the tenant occupied an office building (business premises) owned by the landlord at a monthly rental fee of K120,000 per month and a further amount of K3,000 as security deposit. The landlord gave to the tenant a receipt dated 11th November, 1996, for rent and security fees for the months of November, 1996, December, 1996 and January, 1997. On 17th May, 1997, the landlord then locked the office building for non-payment of rental fees by the tenant and detained the tenant’s goods without following the laid down formalities and procedures of giving notice and without stating any grounds of opposition for application of a new tenancy by the tenant to the court as required by law. It was argued by Counsel (Lawyer) for the landlord that the tenant was merely a licensee and not a tenant. Whilst Counsel for the tenant argued that there was a verbal tenancy agreement and that therefore there was a valid tenancy agreement between the parties. The court held among other things that there was a valid relationship of landlord and tenant between the parties and not that of licensor and licensee and that the tenancy agreement between them was a valid one even though it was merely a verbal one. Moreover, the court went on and held that the tenant was in occupation for more or close to 7 months before the office building was locked. It was therefore incumbent upon the landlord to strictly comply with the provisions of the Act namely the Landlord and Tenant (Business Premises) Act particularly section 5 of Chapter 185 of the Laws of Zambia by giving the tenant a proper notice terminating the lease and if the notice to quit was not complied with by the tenant, then the landlord was supposed to commence proceedings in court for possession of the office building and recovery of mesne profits. The landlord did not do this. He acted at his own peril by locking the office building and detaining the tenant’s goods without following the laid down formalities and procedures as provided for in the law. The Supreme Court therefore found the landlord liable in damages and the appeal was dismissed with costs to be taxed in default of the agreement and ordered the landlord to release the tenant’s goods forthwith. The tenant was also granted a new tenancy by the court.

One important issue worth noting from the above quoted court case is the distinction between a tenant and a licensee (or in other words: the difference between a lease and a licence that is). Why? Because the provisions and applicability of the two distinct pieces of legislation do NOT APPLY to a licensee – that is to say, to someone who holds a license? The provisions ONLY apply to someone who is regarded as a tenant or leasee.

SO, WHAT'S THE DIFFERENCE BETWEEN THE TWO?

Well, the best and most effective and convincing way to answer such a question is in my opinion to refer to a previously decided court case where such an issue was considered. And the case in point where such an issue was ably elucidated was in the Zambian court case of Chilufya v City Council of Kitwe (1967) ZR 115 where the High Court (Mallon, AG.J), outlined the distinction between a lease (tenant) and a licence (licensee). His Lordship also pointed out the essential nature of a lease and licence. His Lordship summarized the distinction between a lease and a licence as follows:-

"(i) It is essential for the establishment of the relationship of landlord and tenant that there should be a demise, except where the relationship is created by statute;

(ii) A demise or lease is a grant of the right to the exclusive possession of land for a determinate term less than that which the grantor has himself in the land;

(iii) An exclusive right to do something on a property (as opposed to exclusive possession thereof) is merely a licence;

(iv) The effect of a licence is to give the licensee an authority to use the premises , without which he would be treated as a trespasser;

(v) A licence may be either gratuitous or for value. If the latter, the consideration may be given either once for all or by periodic payment."

Therefore, in other words, a lease provides a person (a tenant) two things that is to say, certainty of duration in terms of the period - to do something on another person’s land or property and exclusive possession of the said property where the owner of the property is excluded for the time being and the tenant enjoys total control of the property in exchange for money consideration. Whereas a licence (licensee) merely gives one a right to do something on another person’s land or property whether for money consideration or not whilst the owner still retains total control of the said land or property in question. A licensee does not enjoy exclusive possession of another’s land or property. It is therefore this very distinction which makes the provisions and applicability of the two pieces of legislation NOT to apply to a licensee or someone holding a licence.

Therefore, licensees are not covered and/or protected under the provisions of the said two pieces of law!

In conclusion, the true purpose of the Rent Act, Chapter 206 of the Laws of Zambia and the Landlord and Tenant (Business Premises) Act, Chapter 185 of the Laws of Zambia is to provide security of tenure for tenants occupying such premises so as to prevent landlords from evicting tenants arbitrarily or even blatantly locking out tenants from such premises with or without any justifiable reasons. Even where a landlord provides proof that his or her case comes within the provisions of the law, it is still incumbent upon such a landlord to prove that the premises are reasonably so required by him or her to occupy or take possession thereof due to the fact that the tenant has defaulted either in terms of paying rental fees on time or in complying with the other terms and conditions of the tenancy agreement. A landlord whether of residential rental properties or of business premises is not allowed by law to lock out a tenant for failure to pay rental fees on time. In both instances, landlords are mandated by law to follow laid down formalities and procedures when trying to obtain possession of their premises where a tenant defaults in paying rental fees as well as in situations where a tenant breaches the terms and conditions of the tenancy agreement. For business premises, adhering to the formalities and procedures of giving notice to quit the tenancy as well as reasons for opposing the application of a new tenancy by the tenant to the court is mandatory by the landlord. And where a landlord blatantly disregards adhering to the formalities and procedures provided for by law, then such a landlord acts at his own peril as the court may find such a landlord liable in damages and the tenant granted a new tenancy by the court as was the case in the quoted case of Mususu Kalenga Building Limited and Another v Richmans Money Lenders Enterprise!
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NOTE: WAREHOUSE FOR RENT: 100% VACANT 315 Square Metres Warehouse for Rent in Makeni situated near a busy business intersection and Shopping Malls. Asking rental fee is $3 per Sqm. Interested? Then Call David Kapalu right away on +260 955 168754 / +260 966 388525 / +260 977 805045. WhatsApp: +260 966 388525. (Property Still Readily Available as at 5th of August, 2018).
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Copyright Notice © Davik Real Estate Agency - Zambia. All Rights Reserved.

The information on this Weblog-page is copyrighted and protected by copyright laws of the Republic of Zambia and International treaties. The information published herein may ONLY be used and shared pursuant to the subscription terms and conditions of this page and any reproduction, copying & pasting, and/or redistribution (electronic or otherwise, including on the world wide web), in whole or in part, is strictly prohibited without the express consent and/or written permission of: Davik Real Estate Agency-Zambia and its founding member namely David Kapalu or its other personal representatives. Therefore, any unlawful and unauthorized reproduction, copying & pasting in whole or in part, or redistribution whether electronic or otherwise shall be punishable by law.

However, You are totally FREE to Share this Information with whomsoever You like as long as You Acknowledge and Give the full Attribution to the Author and this Weblog-page as Your source. Failure to which it shall constitute an Infringement of this Copyrighted Material!!!!!!
------------------------------------------

ABOUT THE AUTHOR - DAVID KAPALU

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor and Enthusiast and Trainer. He is also a 4th Year Bachelor’s Degree Law Student Studying with the Zambian Open University. He is Someone who Understands his Subject so Well and Knows how to Reduce Complex Matters into Simple to Understand Matters.

Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contract him for one on one real estate investment advice!

He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Land Scape!

Did you know that it is illegal for landlords of residential rental properties to charge security deposits in the Republic of Zambia? Moreover, what can a tenant do if a landlord doesn't pay back the security deposit after giving notice to quit the tenancy?

Well, currently and legally speaking, it is illegal or unlawful to charge security deposits including demanding rental fees in excess of two (2) months when it comes to residential rental property. The current practice is that most landlords are in the habit of charging and requiring security deposits to be paid to them but the real cold and hard truth is that the current law which is The Rent Act, Chapter 206 of the Laws of the Republic of Zambia currently prohibits charging and/or accepting any premiums such as security deposits and that if found wanting, a landlord risks being fined four thousand penalty units or being imprisoned for a period of not more than twelve (12) months or to both a fine and imprisonment if found guilty by a court of law. 

Moreover, the law also requires the said landlord to pay back the said monies in question to the tenant. Where a landlord fails to pay back this money, a tenant is totally free to go to court and seek the court's intervention in this matter so as to enforce the same and get his or her money back. The relevant law in point is section 10 and 15 of the Rent Act which provides as follows and has been reproduced here verbatim. Read below:

Section 10, "Where, after the commencement of this Act, the landlord of any premises, or any agent, clerk or other person employed by him, demands or accepts any rent in respect of such premises which exceeds the standard rent thereof by more than any amount permitted under this Act, or demands or accepts an advance of rent exceeding two months' standard rent, then, without prejudice to any other remedy under this Act, such landlord, agent, clerk or other person shall be guilty of an offence and liable to a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both; and the court by which he is convicted may order that any rent or advance so accepted, in so far as it exceeds the amount permitted under this Act, shall be repaid by the landlord to the tenant" 

Section 15 subsection (1) provides, "No person shall, as a condition of the grant, assignment, renewal or continuance of a tenancy, lease, sublease, subletting or occupation of any premises, require the payment of or take any fine or premium or other like sum, or any pecuniary consideration, in addition to the standard rent; and where any such payment or consideration has been made or given in respect of any premises under an agreement made after the prescribed date, the amount or value thereof shall be recoverable by the person who made such payment or gave such consideration"

Subsection (2) of Section 15 further States, "Any person who requires or takes any payment or consideration in contravention of this section shall be guilty of an offence and liable on conviction to a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both"

And subsection (3) provides thus, "This section shall not apply to the grant, assignment, renewal or continuance of a tenancy for a term exceeding twenty-one years".

So, from the above quotation, it is quite graphic  that the payment of any premiums such as security deposits and/or advance rental fees payments of more than two (2) months to a landlord is unlawful. And that should you find yourself in such a situation, then you are totally free to institute legal proceedings against a landlord who contravenes the provisions of the Rent Act as it stands today. 

However, I should mention here that the Zambian Rent Act in its current form is quite archaic and does not reflect a true position regarding what is happening in real life and actual practice. It needs review in order to align it with current trends obtaining in society. 

But be that as it may, it is still a legally binding and enforceable law affecting you and me whether good or bad. It still stands as law regulating residential rental property until it has been reviewed and updated to suit the current happenings in society. 

This position regarding the current state of the Rent Act and how archaic it is in terms of applicability in today's modern Zambian society was highlighted in the case of Nip Limited v. Zambia State Insurance Corporation Limited (1993-1994) ZR 144 at page 149 where the Supreme Court stated the following:

".......the present provisions for increasing the standard rent completely ignore the present rate of inflation and legislators may need to consider alterations in the law (Rent Act).....".

Therefore, in conclusion, an evaluation of the impact of the Zambian Rent Act has shown that it has not been effective in its applicability when it comes to real life scenarios. It has been said to be toothless!

According to Mulimbwa (1998:98), an attempt was made in the early seventies to appoint rent controllers in accordance with the provisions of the current Zambian Rent Act to implement rent controls, but the exercise failed. The sheer enormity of the Court's task, in the absence of rent controllers, made it impossible for the Courts to exercise supervision in such matters.

Maybe the main reason for the ineffectiveness of the Zambian Rent Act as well as its effectiveness lies in jurisprudence where one Jurist by the name of Eugene Erhlich once remarked that:

"formal law should always be in conformity with the 'living law', that is to say, the norms of conduct found in society and that you can not find living law by reading statutes but by observing how far the formal law is being followed, modified, ignored and/or supplemented"

Therefore, the task of formal law makers is to keep the law as nearly abreast to the living law as possible as was recommended in the Supreme Court case of Nip Limited v. Zambia State Insurance Corporation Limited quoted above.

Maybe this is the very reason why the current Lands Minister Honorable Jean Kapata and the PF Government have embarked on land law reforms through the "Draft National Land Policy " particularly Chapter 7.5.2 of the said draft national land policy in order to harmonize the Zambian Rent Act and other relevant pieces of legislation relating to land so that they are put in tandem with the current and changing needs of the Zambian Populace!

However, when it comes to business premises for rent, charging of security deposits is permissible by law. The relevant law on business premises for rent is silent on this very issue and therefore by implication this is permissible!   

NOTE: Look-out for our next detailed and in-depth Blog Article titled "Are Landlords Allowed To Lock a Tenant Out for Failing to Pay Rent on Time... and During This Period When a Landlord has Barred the Tenant from Entry, Does He or She Charge Rent? (This Being for Business Premises)".

FOR RENT: 100% VACANT 2 Bedroomed Semi-detached flats for immediate occupation in Chelstone Extension. Flats are fully tiled and newly built. Asking rental fee is K2,500 (approximately  $250) per month. Interested? Then Call David Kapalu right away on +260 955 168754 / +260 966 388525 / +260 977 805045. WhatsApp: +260 966 388525. (Property Still Readily Available as at 4th of August, 2018). See More Available Rental Properties By Clicking ->HERE!
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There has been so much talk about bitcoin in particular and/or crypto-currencies in general of late in various social media platforms such as Facebook as well as other electronic media news channels such as CNBC Television on Dstv discussing this very issue. This subject of bitcoin and other numerous crypto-currencies is such a highly technical and complicated topic that even some of the people that openly talk about it do not really understand it 100% that is - myself included! (Only that I happen to know a little bit more than the average person due to the fact that I deliberately decided to take my time, effort and money to educate myself via this e-course HERE worth $47 (approximately ZMK505 - Zambian local currency money) - so as to try and understand this highly technical and complicated subject.

However, the good news is that, like the internet, one does not really have to understand all the technical details in full in order to use and apply it's benefits in one's life and/or businesses. All that a person needs to understand are the fundamental basics of how bitcoin and other legit crypto-currencies operate in order to help reach and achieve one's personal, business and/or investment objectives in one's life. That's all.

Moreover, there are arguments for and against crypto-currencies. But these arguments appear about even.

For instance, Warren Buffet doesn't seem to fall in love with crypto-currency investing and/or trading. He's been quoted in the media as saying the following:

"We'll never have a position in them."

Warren Buffet, chairman and CEO of Berkshire Hathaway, further told CNBC T.V's "Squawk Box" on Wednesday morning dated 10th January, 2018, that:

"I can say with almost certainty that they (crypto-currencies) will come to a bad ending."

Details can be gotten by clicking ->HERE!

Whereas Bitcoin Investor Marc Andreessen of Venture Capitalist firm known as Andreessen Horowitz told Fortune in no uncertain terms that Warren Buffet didn't know what he was talking about, saying:

"This is a standard trope of technology criticism by people who don't understand technology. Yes, sure, it's great technology, but it won't be useful or valuable in the way that those crazy nerds think it will be useful or valuable. I've heard it my whole life applied to every new technology. It's fake sophistication - it sounds nuanced but it's not."

Marc Andreessen continues:

“So saying what Warren is saying is like saying 'a car is great technology but it'll never actually get anyone from point A to point B,"

He continued further:

"Bitcoin is great technology BECAUSE it lets people get value from point A to point B through the public ledger; that functional use creates the value of the ledger, and a single BTC has a corresponding fractional value of the ledger.”

More details about Bitcoin Investor Marc Andreessen’s views on Bitcoin and other crypto-currencies can be gotten by clicking ->HERE!

But, What Exactly Is Bitcoin (or Crypto-currency) and How Does One Use and Apply It In His or Her Own Real Estate Investment Transactions?

Well, in simple terms, bitcoin is one of the many Crypto-Currencies i.e. (electronic or digital versions of money which others use in lieu of cash and with which others speculate on) available in the newly invented Crypto-Currency Industry. Bitcoin happens to be the pioneer and leader in the crypto-currency market and industry and is the most popular crypto- currency available in the world.

Bitcoin, according to its original inventor named Satoshi Nakamoto (which some people believe is a masked name for a group of computer programmers) was originally designed to be used as a peer to peer version of electronic or digital cash allowing for online payments to be made or sent directly from one party to another without necessarily going through a financial institution or middleman and thus reduce or completely remove unnecessary and/or unwanted transaction costs in the process that tend to have an inflationary effect on the ultimate price of something being bought or paid for. This was the main reason that led to the invention of bitcoin as a crypto-currency!

Moreover, it was also meant to be used as a store of value that could easily be transported and easily be converted into whatever fiat or paper money one desired regardless of where one decided to go in the world. In other words, it was meant to be used as a universal and decentralized currency of the world!

Other reasons included among others security of business transactions in that no other person needed to know that one person had sent such an amount of money to another person and thus avoid alerting unwanted and/or uninterested parties to the business transaction; anonymity of business transactions in that no names of parties are mentioned in the business transaction except for the transaction values; decentralization in that there would be no physical and/or geographical boundaries when it comes to using of the currency of bitcoin resulting in a single and uniform currency of the internet regardless of where a person lived in the world; no forgery in that there would be no duplicate and/or counterfeit money in the process since this currency of bitcoin will be data-driven requiring the usage of cryptography in order for one to have access to his or her digital money; as a store of value just like gold or real property is used in storing a person's hard earned fiat or paper money in that should one decide to have liquid cash, he or she simply sells it to others interested and gets back his or her paper money currency in liquid cash form which can then be used somewhere else; and lastly but not the least, limited supply of this bitcoin currency in that everyone using this currency would know that there can only be twenty-one million (21 million) bitcoins of this universal currency to be ever used in circulation in the internet cyber-space and thus completely reduce or even remove the possibility of a small and elite group of people in privileged positions such as officials in government from subtly controlling, manipulating or even printing extra amounts of the fiat currency without the general populace knowing that the supply of the said fiat currency had been increased leading to less demand and/or reduced value of the said fiat currency in question. However, with regard to the value of bitcoin, government controls and manipulation would be a thing of the past as the value of the bitcoin currency would be completely determined by supply and demand from the market forces knowing that the supply would be constant and limited to only twenty-one million units of bitcoins the world over!

But, aside from bitcoin, there are many other kindred crypto-currencies available in the world today such as Ethereum, Zcash, Litecoin, Ripple, Monero, Nexus, the Dao, Stellar Lumen, Yem (or Your Everyday Money), Tec, etc intended to solve other unique human problems in the crypto-currency market or industry. But none of these so far has come close to bitcoin in terms of popularity and likeability of usage as at the time of writing this blog post.

Therefore, the above discussed reasons plus many others not itemized here led to the invention of bitcoin and other unknown kindred crypto-currencies in the world!

However, as usual, to every good thing there is always a bad side of it. And there is no exception when it comes to bitcoin and other crypto-currencies.

Among the notable bad things about using crypto-currencies is that they can be used to finance illegal activities anonymously such as terrorist activities, money laundering, tax payment avoidance or evasion etc.

However, these bad things can be properly and effectively contained by coming up with an airtight legal framework intended to seal all the lacunae in the law that result from the usage of these newly introduced crypto-currencies. Like for instance, what the South Korea Government has done through a Senior Government Official named Jung Ki-joon who was quoted in the media as saying:

“We will respond strongly to cryptocurrency speculation and illegal acts, but we will provide support to research and development relating to blockchain technology.”

Details of this can be gotten by clicking ->HERE!

But, inspite of the bad side of using crypto-currencies, the invention of these crypto-currencies is a good thing as it has contributed to the evolution of money as we know it today. And the cold truth and fact is that crypto-currencies are here to stay whether one likes them or not. Whether governments like them or not. These currencies are here to stay for the long haul!

It's no wonder others are calling 'Bitcoin' and the other legit crypto-currencies such as 'YEM' (or Your Everyday Money) as the future of money in the world.

Therefore, these crypto-currencies will do to fiat or paper money what the internet did to snail mail in the past. And it's about time each and every one of us get to Learn about them and know how they can best be used and applied in one's life whether in real estate investing or otherwise as an internet based digital cash payment solution!

And sooner rather than later they will become the grand norm and standard operating procedure in every business transaction whether it involves buying or paying for real estate properties, school or college fees settlement, motor vehicle and other personal chattels purchases, business expense payments, monthly tax payment obligations, etc. Crypto-currencies are here to stay and it's about time to Learn the basics and Master how they can be best used and applied in one's life before it's too late.

In fact businesses and individuals who get to Learn and Master issues regarding crypto-currencies will end up having a greater busines competitive advantage over those that do not.

For instance, recently in San Fransco real estate Bay Area, United States of America, one well known real estate businessman by the name of Roh Habibi who runs a multi million dollar real estate agency business called Habibi Group and Star of the # 1 real estate television show titled "Million Dollar Listing San Francisco Television Show" which airs on Bravo TV and viewed by over 25 million viewers in about 140 countries worldwide, struck a huge real estate agency business deal which involved one of his international clients buying a single family home worthy $13 million by paying $8 million worth in bitcoins and paying the remaining balance of $5 million using liquid cash!

Here is what Roh Habibi was quoted as saying below:

"We’re at the very beginning stages of crypto-transactions in real estate here in the US. Europe and Asia are much farther along."

Further, he went on to say the following:

"Develop expertise in crvpto-transactions and you’ll access an international client base. Start learning now and have a 2-5 year window in which to truly understand its usages and functionalities in all transactions, not only in real estate.”

Therefore, this single business transaction in real estate goes to show how bitcoin and the other little known crypto-currencies will end up shaping how business transaction payments will be done now and in the near future to come. And it's already happening now as illustrated in the above San Francisco business case scenario!

However, as already alluded to in the introductory paragraph, many people do not fully understand the fundamental basics of how bitcoin and other crypto-currencies operate. They get to trade or invest in this newly invented digital or elecronic cash system blindly thereby committing the deadly beginner crypto-currency trade and/or investing mistakes such as chasing only the price of a particular crypto-currency, not using a stop loss in every trade or investment scenario, not having a concrete risk/reward ratio in each trade, trading or investing with too big amounts of money in single trades the first time, becoming cocky after just a few successful trades, not having a plan of action for the trade or investment in crypto-currencies, believing or even "feeling" that the price of a particular crypto-currency will go up without applying technical analysis, confusing investing with trading in crypto-currencies, listening to the general populace's trade secrets instead of using technical analysis, and last but not the least, trading in crypto-currencies when one is in a bad mood!

Details of these beginner crypto-currency investing or trading mistakes can be gotten by clicking ->HERE!

All these are deadly crypto-currency investing or trading mistakes that beginners commit when they first get exposed to this subject. These mistakes must be avoided at all costs to ensure that one does not lose his or her liquid hard earned money when venturing into the crypto-currency trading or investing market!

Only invest what you can afford to lose in crypto-currencies so that should the inevitable happen, you'll not have to suffer from blood pressure!!!

Otherwise, bitcoin and other legit crypto-currencies will be the future of money as we know it today. Therefore, take your time and get to Learn about them and understand how you may use and apply them in your own life for they truly are the future of money!!!

IMPORTANT NOTE: Want to Learn and Master the Fundamental Basics and Details of Bitcoin Investing or Trading as well as other legit Crypto-currencies such as 'YEM' and Get to Understand and Avoid the other remaining Deadly Beginner Mistakes people make when they first get started in this subject? Also, Want to Learn and Master how You may Secure Your Crypto-Currency Assets Properly using what is known as "Cold Storage Wallets" to Ensure maximum Security of Your Digital Assets? If Yes, then please simply Get in Touch with David Kapalu indicating your interest in this very subject and he will be more than happy to Guide You sail through the tidal waves of crypto-currency trading and/or investing!!!!!

Here is what Robert Kiyosaki has to say about Bitcoin and other Crypto-currencies when it comes to investing and/or trading via them:

"I’ve purchased Bitcoin. Like a lot of people, I’ve been studying this opportunity for the last few weeks and with the popularity of crypto-currencies the rise I felt now was a good time to get in. It’s a market that’s making a lot of money. BUT...do not invest unless you are educated."

So, until next time, go well in your own real estate investment efforts!

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I love to hear your comments. Both positive and negative ones are all welcome.

So, go right ahead and drop a comment in the comment box below or simply Call / Sms +260 955 168754 for instant feedback!

NOTE 2: Looking for property to buy, rent or simply looking to sell your own property as quickly as possible and not sure as to what strategy to use and apply in order to help you sell your own piece of real property in record time? Well, then get in touch with David Kapalu – our Principal Agent - using the following contact details: +260 955 168754 / +260 966 388525 / +260 977 805045 or simply WHATS-APP him on: +260 966 388525 or alternatively surf this Website right here or see other current property listings on this Facebook Page Link by clicking ->HERE!.

ABOUT DAVID KAPALU

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor and Enthusiast and Trainer. He is also a 4th Year Bachelor’s Degree Law Student Studying with the Zambian Open University. He is Someone who Understands his Subject so Well and Knows how to Reduce Complex Matters into Simple to Understand Matters.

Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contract him for one on one real estate investment advice!

He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Land Scape!

STILL Want to Know More about David Kapalu? Well, Then Click Right ->HERE for Details!

I was prompted to write this blog article bearing the above title because of some questions I received from one of my ardent followers and readers of my magazine articles in "This Is Zambia Magazine” - a Trade and Investment Magazine. The name of this follower and reader is Nawa from PICZ.

Nawa asked me the following questions:

1. “What's your view on the fastest growing trend of people building houses for rent over 25 kilometers away from the Central Business District Area such as Chilanga, 12 miles in Kabangwe Area along the Great North Road and the Waterfalls Area of Chongwe District?”

2. “Is the rental demand high in such places or areas?”

3. “Where is the new CBD (Central Business District) Area moving to? Is it in the Thabo Mbeki Road area or the Makeni Eureka Park area of Lusaka City? Development currently is not coordinated”.

I responded and answered these questions and thought of sharing my response with other people who might be having the same questions in their minds as well. And hence my writing of this very article so as to help other people or real estate investors interested in such information.

The above 3 questions can all be summed up in one question which is:

“What factors or indicators must I look for when choosing a real estate market or neighborhood to invest in, which can give me a good return on my investment property?”

Well, there are several local market / local neighborhood area economic indicators or factors you'll want to consider as a real estate investor before you seriously make up your mind to invest in a particular market or neighborhood. And these are as follows:

EMPLOYMENT is one of the most important local area economic and investment indicators related to both the current and future health of a real estate market or neighborhood. Simply put, a local area neighborhood where people happen to have more jobs will equally result in those same employed people having disposable incomes that make it possible for them to afford to pay their monthly rental fees. And those that do not happen to have jobs, won't be able to afford to pay their monthly expense obligations, and may have to be forced to move elsewhere to look for employment which often involves moving to other areas where there are readily available employment opportunities. And therefore, the logical and business sense question to ask yourself as a real estate investor is, "Does the area I wish to invest in offer good employment trends both currently and/or in the immediate near future which make it feasible for me to go ahead or not go ahead and invest in this particular area?" If it does, then go ahead and invest. If it doesn't, then look somewhere else where employment trends seem promising and/or good.

Are more people and business entities moving into the market you are considering to invest in or are they moving out of it? Why ask yourself this pertinent question? Because this trend happens to have a major impact on the local real estate market due to the fact that the demand for housing or office spaces will either increase or decrease in proportion to the total population of a given market or neighborhood. Therefore, the greater the population of a given local market or neighborhood, the higher the demand for local housing and/or office spaces as well as other social amenities which end up helping to push property values and rental rates higher in the long run making it healthy for the rental business whether for residential purposes or for commercial purposes! Whereas, the smaller the population of a given market, the lower the demand for accommodation and other social and related amenities which thus leads to lower property values and/or lower rental rates for property owners in the long term as well.

So, make sure that the area you are considering to invest in has the potential of a population explosion now and in the near future for better rental income profits or cash-flow.

A real estate market or neighborhood that happens to have a highly diversified range of industries or businesses offers less market volatility in harder economic times or recessions as it were than markets which are mainly driven by one or two industries. Why? Because such markets will tend to be affected the most than highly diversified real estate markets, and may have to take quite a long time to recover afterwards.

However, some investors may happen to do well in such narrow markets, but it's safer to mitigate one's single only or double only industry market risks by focusing on real estate markets with a broader industrial base that offer a diversified employment base rather than a one or two only industry market.

Local area developmental activities or projects both current and planned which are being presently carried out or are ear-marked to be done in the near future are also a very good local economic indicator of the potential of a local real estate market or neighborhood in terms of real property investment whether for residential or commercial purposes. Development activities or projects being done in a given market such as the construction of new tarmac roads, shopping malls, hotels, hospitals, football stadia, construction and expansion of new airport terminal infrastructure as is currently being undertaken in the eastern part of Lusaka City where unprecedented developmental projects are being carried out presently.

Other local area economic indicators falling under the umbrella of developmental activities include the coming up of multi facility economic zones which are more or less like diversified industrial hubs in certain selected parts of the entire country! These multi facility economic zones offer good prospects for a diversified employment base which will result in demand for housing and other social and related amenities in the long run in particular real estate markets.

In Lusaka Province for instance, we have two such economic zones that is to say, Lusaka South Multi Facility Economic Zone situated in the Lilayi -Chilanga areas and Lusaka East Multi Facility Economic Zone situated in the Chongwe area near Kenneth Kaunda International Airport respectively.

Therefore, what all this means is that as a shrewd real estate investor or potential real estate investor, you can use this knowledge of current and proposed developmental activities or projects to your advantage and start buying and/or investing in income generating rental properties as early as possible before everyone else wakes up from their slumber by moving in swiftly.

Market inventory is simply real estate investment language for “the number of rental / real estate investment properties available for rent in a particular market”. This statistic simply indicates how much supply is available in a particular market you are currently researching on or are currently considering to invest in. If the particular market you are interested in has enough and plenty stock available, then it does not make any business sense to invest in such a market unless you just want to lose your investment money. If on the other hand, the market doesn’t have enough stock available or the market happens to have sufficient potential in the immediate near future due to projected demand as a result of current and proposed developmental activities taking place or are likely to place, then such a market is worth considering even if currently there isn’t enough demand.

However, even if a particular market is currently saturated with plenty stock of rental properties available, there are always some investment opportunity gaps in the market which you can take advantage of if you happen to be a shrewd real estate investor. Other unexploited real property investment opportunities may include but are not limited to the following: schools, colleges, universities, boarding houses for students, private car parks, play parks for children, lodges, hotels, shopping centers, fuel filling stations, private hospitals, warehouses and last but not the least, property development such as converting bare and unused farmland into commercial or industrial use in order to take full advantage of unexploited real property investment opportunities in already developed and saturated markets lacking certain essential services for the local population. These can all be taken advantage of by you before anyone else does it!

You mustn’t therefore limit yourself in terms of real property investment. Learn to cast your investment net wide! Investment flexibility is the name of the game! Never be rigid in your investment efforts. Be open and be flexible to change and opportunities.

My view regarding question 1 asked by Nawa above is that it's okay for a real estate investor to build or invest in income generating real property situated 25 kilometres or more away from the CBD as long as such an area has a fair balance of five key real estate market indicators discussed above in the preceding paragraphs.

For instance, in Lusaka Province, areas like Waterfalls, Silverest, Vorna Valley, Meanwood Ndeke, Ranchdale, Palm Valley, Meanwood Ibex, Mwalubemba and/or Kasisi areas of Chongwe District to mention but a few areas, offer the potential for the best real estate investment opportunities due to the fact that there are a lot of developmental activities currently taking place in and around these areas that will result in demand for housing and other related social amenities in the long and short term. Developmental activities such as the completed two shopping malls namely Waterfalls and Garden City, construction of another new shopping mall as well as construction of a new specialized hospital along Airport Road, all entail a projected high number of employment opportunities to be created once these infrastructure developments are fully completed. With a high number of employed people comes a high demand for housing and other kindred services resulting in more money in rental property owner’s pockets!

The above mentioned list of selected areas or neighborhoods is not an exhaustive list of ideal real estate markets in the Republic of Zambia where one can invest in but has just been used for illustration purposes regarding how to choose a good real estate investment market.

Concerning question 2 above, about the rental demand, it all depends again on the above 5 key factors or indicators. The rental demand may not be high for now but it is likely to go up any time soon once all the developmental activities are completed. So, it is better to be prepared for an opportunity now than not to be prepared for such an opportunity when it presents itself! That has always been a rule of thumb when it comes to seizing investment opportunities! Period.

And finally, regarding question 3 above, about where the new CBD is moving to, the issue is not about where the new CBD is moving to. The real issue here again is about reading investment trends and local economic indicators. Where do you see potential investment opportunities coming up or are likely to come up? If you can answer this question, then you'll be way ahead of the lot when it comes to seizing investment opportunities!

So, developmental activities may seem uncoordinated but the secret of successful real estate investing lies in reading local economic and market trends. Period!

Therefore, prepare for opportunity by preparing yourself to spot opportunities when they present themselves. Never wait until it is too late. Remember also that when every Jim and Jack is talking about a certain investment opportunity openly and publicly, then it only means one thing - that the party is over!

So, learn and master the art of spotting investment opportunities before they go public.

In conclusion, the factors or indicators that will determine which market, area or neighborhood one may need to invest in will depend on employment levels, net migration of people and/or business entities, industry diversification, market inventory of current rental properties available and finally current and proposed developmental activities or projects taking place or likely to take place in the near future in a particular market or area you are currently considering to invest in.

If the market you wish to invest in happens to have a fair balance of these five real estate market investment indicators, then it makes business sense to invest in such a market. If not, then find another market where these investment fundamentals balance up. Otherwise you might find yourself running at a loss.

Many real estate investors often make the fatal mistake of buying and/or investing in investment real property with little to no consideration of the market, area or neighborhood the property is located in. This can be one of the deadliest mistakes an investor can commit because buying or investing in the wrong market or neighborhood may result in you being stuck with the problems that go along with that particular investment property because of its location. Your only solution may be to sell such an investment property at a loss rather than keeping it. It is therefore more important to be concerned about the overall market health and its future prospects than to be tempted and end up losing your investment money in the long run because of choosing your real estate market poorly.

If you don’t start with the right market and/or neighborhood in mind, over time you’ll experience more tenant vacancy rates, short lease terms, increased late payments or tenant defaults and decreased or diminishing property values instead of appreciation.

Well, working with a good and reputable real estate agency investment organization can help you find or help provide you with real time investment advice and opportunities to help you make informed investment decisions. Such an organization should be able to advise you on the various markets and/or neighborhoods as well as provide you with detailed market date and information on local economics and housing or real property investment trends currently obtaining in a particular market or area of your particular interest!  
  
So, until next time, go well in your own real estate investment efforts!

I love to hear your comments. Both positive and negative ones are all welcome.

So, go right ahead and drop a comment in the comment box below or simply Call / Sms +260 955 168754 for instant feedback!

NOTE: Looking for property to buy, rent or simply looking to sell your own property as quickly as possible and not sure as to what strategy to use and apply in order to help you sell your own piece of real property in record time? Well, then get in touch with David Kapalu – our Principal Agent - using the following contact details: +260 955 168754 / +260 966 388525 / +260 977 805045 or simply WHATS-APP him on: +260 966 388525 or alternatively surf this Website right here or see other current property listings on this Facebook Page Link by clicking ->HERE!.

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor and Enthusiast and Trainer. He is also a 4th Year Bachelor’s Degree Law Student Studying with the Zambian Open University. He is Someone who Understands his Subject so Well and Knows how to Reduce Complex Matters into Simple to Understand Matters.

Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contract him for one on one real estate investment advice!

He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Land Scape!  

STILL Want to Know More about David Kapalu? Well, Then Click Right ->HERE for Details!

Knowing and understanding what market you are in at a particular point in time as a real property seller or buyer is crucial to your own success. Why? Because having the right knowledge will place you in an advantageous position thus enabling you to make informed decisions and choices based on real time data and information rather than guess work. It will also make you be ahead of the pack in terms of what specific strategies you will need to implement and apply in order to help you achieve your real estate investment goals whether that is to sell your own property as fast as possible or purchasing that ideal investment property of yours in record time.

Well, a buyers’ market is what you experience when there is more supply of real properties on the market than the demand can stomach. In other words, there are more sellers looking to sell their houses or properties than there are buyers looking to buy those same houses or properties. In a buyers’ market, sellers may have to accept lower prices than they would normally want to sell their properties for and may have to resort to providing sales incentives to buyers such as owner-seller financing and/or offer flexible terms and conditions to would be buyers in order to entice them to buy their properties. This market situation normally favors buyers in that it allows them to get better deals from respective sellers of property. And therefore, sellers may have to use a number of creative selling techniques in order to help them sale their properties as fast as possible or else end up not selling at all or may have to take quite a very long time indeed to sell their properties.

Whereas, a sellers’ market is the direct opposite of a buyers’ market. That is to say, the demand for real property is larger than the supply. People or buyers have more money to spend on real property, so sellers will often see several buyers competing to buy their properties which pushes up the prices of their properties as a result. This means that buyers will have to spend more money to get what they want. This situation is very ideal for sellers because they often get a very good price for their properties. And in such market situations, buyers will have to use and apply a combination of other creative buying techniques such as “Lemonading” for instance in order to entice sellers to sell them their properties on soft terms and conditions. I discuss in greater detail what “Lemondaing” is in this e-course here -> bit.ly/2yYJz0r if you wish to know what this is that is.

Moreover, aside from the above two discussed real estate market types, there are other three more basic real estate market types. And these are: Cyclical, Linear and Hybrid Markets.

Cyclical markets are real estate markets that tend to have larger sales price moves – up and down – over the years that is. Property values in such markets tend to move up and down like a roller coaster ride with noticeable highs and lows in values in the long or short term periods. Local market cycle lengths may vary from market to market depending on local economic conditions in the economic cycle of a particular country or region.

Linear markets are real estate markets that tend to have a more flat-like growth curve over a period of time. That is to say, they have a smoother and stable growth rate with almost no significant and/or major highs or lows in property values, appreciation rates and/or sales prices. Linear markets are markets where booms and bursts virtually never happen. Linear markets are said to be somewhat “boring” markets by real estate investors because of their relatively low annual appreciation rates. However, these markets provide the best real estate investment climate in terms of what is known as “capitalization rates” and “cash-on-cash returns”!   

And finally, hybrid markets are markets that tend to have a somewhat linear and slow growth characteristic for a period of time which is usually followed by periods of moderate cyclical style appreciation in property values and/or sales prices. They never boom or burst drastically like what happens in the cyclical markets and they also never need to correct like what happens in the more volatile markets as is the case in cyclical markets. In other words, hybrid markets are a combination of cyclical and linear type of markets.

.In conclusion, knowing and understanding what market you are operating in either as a seller or buyer is very crucial to your success. It will help you map out strategies you can use and apply when it comes to achieving your real estate investment goals. So, wise up and get to know and understand what market you are in at a particular point in time in the economic cycle. No market condition stays the same all the time. Market conditions change with time and therefore it is crucially important that you stay abreast with current local economic conditions at a particular point in time.

Not sure as to what market your local real estate market is in? Well, then get in touch so we can provide you with some current local economic indicators to help you ascertain as to which market you are currently in in your country!

So, until next time, go well in your real estate searching, buying and/or investment endeavors.

I love to hear your comments. Both positive and negative ones are all welcome.

So, go right ahead and drop a comment in the comment box below or simply Call / Sms +260 955 168754 for instant feedback!

NOTE: Looking for property to buy, rent or simply looking to sell your own property as quickly as possible and not sure as to what strategy to use and apply in order to help you sell your own piece of real property in record time? Well, then get in touch with David Kapalu – our Principal Agent - using the following contact details: +260 955 168754 / +260 966 388525 / +260 977 805045 or simply WHATS-APP him on: +260 966 388525 or alternatively visit this very Web-page by clicking HERE or see other current property listings on this Facebook Page Link here -> www.facebook.com/DavikRealEstateAgencyZambia

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor and Enthusiast and Trainer. He is also a 4th Year Bachelor’s Degree Law Student Studying with the Zambian Open University. He is Someone who Understands his Subject so Well and Knows how to Reduce Complex Matters into Simple to Understand Matters.

Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contract him for one on one real estate investment advice!

He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Land Scape!
  
STILL Want to Know More about David Kapalu? Well, Then Go Here for Details -> bit.ly/2q7wldB.

Mortgage Financing is one of the most famous and widely used financing options available to real property buyers and/or investors whether one is looking to buy and/or invest in his or her own home to live in or looking to invest in investment real estate. This financing option actually allows anyone who is financially intelligent to leverage other people's money in order to help fund one's own real property investment efforts.

However, the only problem that stops many people cold from leveraging this financing option is lack of proper knowledge and understanding of what really constitutes a "Mortgage" as well as knowledge and usage of a Little Known Secret Strategy that can entice the distinguished sellers of real property so they can offer their properties to You the intending buyer rather than to someone else in spite of the slowness of mortgage finance application processing by the various financial lending institutions. Most people only know of what a "Mortgage" really is in the literal sense.

For how can You fully exploit and take advantage of something if You lack proper knowledge and understanding of that very something or thing? You first need to start from an educated point of view before you can fully utilize something to the fullest.

The Great Creator (God) himself puts it plainly in Hosea 6:4 and I quote below:

"My people perish for lack of knowledge".

Well, since we are part of the commonwealth organization and draw most of our local laws and parliamentary statutes from British Law, the term "Mortgage" was first defined by Lord Lindley in the English case of Santley v. Wilde (1899) CH 474, as a conveyance of land or an assignment of chattels as security for the payment of a debt or loan or the discharge of some other obligation for which it is given. This security is redeemable on the payment or the discharge of some other obligation, notwithstanding any provision to the contrary.

However, section 65 of the Lands and Deeds Registry Act, Chapter 185 of the Laws of the Republic of Zambia has somewhat changed this common law nature of a mortgage as defined by Lord Lindley in the case of Santley v Wilde quoted above. Section 65 provides that a Mortgage is ONLY to operate as a Security and not a Transfer or Lease of the estate or interest thereby mortgaged. The section provides and I quote below:

"A mortgage of any estate or interest in land shall have effect as security and shall not operate as a transfer or lease of the estate or interest thereby mortgaged".

In the Republic of Zambia, we have two (2) types of Mortgages that are recognized by our local Laws, namely:

Legal Mortgages and Equitable Mortgages.

The first type of Mortgage is known as a Legal Mortgage.

A Legal Mortgage is a Mortgage created in respect of a Legal Estate by Deed of Legal Mortgage or Legal Charge.

The Next Logical Question Is, What Then Is a Deed?

A Deed is simply a Legal Instrument or Document that is signed, witnessed, and delivered to effect a Conveyance or Transfer of Land or to create a Legal Obligation or Contract.

And what also is meant by the term 'Legal Charge'?

A Legal Charge is simply defined as ANY CHARGE created on land for the purpose of SECURING the payment of a Debt or Loan owed to someone else!

The second type of Mortgage is known as an Equitable Mortgage.

An Equitable Mortgage may be created in the following two (2) ways:

i) By Deposit of Title Deeds

Depositing title deeds creates an Equitable Mortgage provided it could be shown or proven that the land was intended to be treated or used as security for the payment of a loan or debt.

Coote on mortgages said the following:

"A deposit of title deeds by the owner of freeholds or leaseholds, with his creditor for the purpose of SECURING either a Debt antecedently due, or a Sum of Money advanced at the time of the deposit operates as an Equitable Mortgage or Charge, by virtue of which the depositee acquires, not merely the right of holding the title deeds until the debt is paid, but also an equitable interest in the land itself".

And in relation to the creation of equitable mortgages, the learned authors of Halsbury's Laws of England have commented thus: -

"A mere deposit of title deeds upon an advance, with intent to create a security thereon but without a word passing gives an equitable lien so that as between debtor and creditor, the fact of possession of the title deeds raises the presumption that they were deposited by way of security".

In addition, the learned authors of Megarry's Manual of the Law of Real Property have also stated the following in relation to equitable mortgages: -

"Equity treats an Enforceable Contract to create a Legal Mortgage as an actual Mortgage, provided it is supported by Sufficient Evidence in Writing or a Sufficient Act of Part Performance. Similarly, an Imperfect Legal Mortgage satisfying these requirements is treated as an Agreement for a Mortgage and thus an Equitable Mortgage. .........since 1783 the general rule has been that a mere deposit of title deeds which cannot be accounted for in any other way is taken as part performance of a contract to create a legal mortgage, even if not a word about such a contract has been said; such a deposit thus creates an equitable mortgage - the deposit must be made for the purpose of giving security......"

However, in real life transactions, it is important to note that where an equitable mortgage is created by deposit of title deeds, there is normally some memorandum of some kind that accompanies the deposit of title deeds which sets out the terms and/or conditions of the equitable mortgage. The memorandum may require the mortgagor (borrower) when so requested by the Mortgagee (Lender) to execute a legal mortgage in favor of the Lender.

(ii) The second type of Equitable Mortgage is known as a Mortgage of an Equitable Interest and is created as follows:

If a potential mortgagor only has an Equitable Interest in the land as opposed to a Legal Estate, it follows necessarily that any mortgage of that equitable interest will itself be equitable. For example, beneficiaries under a trust have a mere equitable interest and can only create an equitable mortgage.

Perhaps I would also add a third and unique type of Mortgage not so commonly used in the Republic of Zambia. And if at all this third type of Mortgage is used by people, it is mostly used unknowingly without such people realizing that they are actually creating and entering into a Mortgage Agreement.

So, What Then Is This Third and Unique Type of Mortgage?

Well, it is what I like to call as "Owner-Seller Carry-Back Mortgage" or "Owner-Seller Private Mortgage"

This type of Mortgage is all about how you may turn a seller or owner of any piece of real property on sale into a Lender!

Yes, I know and fully comprehend that this concept of turning an Owner-Seller of any piece of real property into a Lender is somewhat a brand new and foreign concept in the Zambian real estate industry in particular when applied to real estate investing.

However, this concept is something worthy your consideration and application!

You see, dear reader, if you - the buyer - has done your homework very well and has selected a promising Owner-Seller who's selling an excellent piece of real property you've liked so much, you may discover that you're dealing with a person who is NOT so anxious to sell and is unwilling to discount his or her property sales price, then you can suggest to this Owner-Seller to keep the sales price that way or even you yourself deliberately inflating it so as to entice and convince the Owner-Seller to accept your offer BUT have him or her take on the role of a Lender with flexible payment terms and conditions instead!

This strategy is commonly used and applied in other advanced and developed economies of the world such as the United States of America and the United Kingdom. It is one of the most frequently used creative real estate investment finance strategies. It is the foundation of Owner-Seller Financing.

So, going by the definition of what really constitutes a "Mortgage" as highlighted in one of the paragraphs above, then it simply implies that an Owner-Seller of real property can easily be turned into a Lender without any legal hitches whatsoever as long as he or she is agreeable to such an arrangement! After all, lending can be such a lucrative business with its own slate of financial benefits even to a seller of real property.

However, the only downside to this is that You and the Owner-Seller need to be highly knowledgeable, educated and seasoned real estate investment professionals who understand the ins and outs of Owner-Seller Carry Back Financing or Private Mortgaging!

Essentially what the Owner-Seller Lender will need to do before he or she can enter into such a Mortgage arrangement with you the potential buyer is to first of all have an appraisal done on the property, analyze the current fair market price of the property in comparison with other similar properties recently sold in order to come up with a fairly competitive sales price, work the numbers to determine a break-even point, and then calculate what kind of offer on the property from you the potential buyer will be feasible enough   to earn him or her a good return on investment and then finally draw up air-tight paperwork that protects him or her against the possibility of you the buyer or potential buyer defaulting on the Owner-Seller Carry Back Mortgage or Agreement!!!!!

So, as you can see and fathom, the Owner-Seller will need a great deal of expertise and wisdom to do all this. But if you're in a privileged position to help the Owner-Seller with all these processes and save him or her the troubles and headaches associated with Owner-Seller Carry Back Financing or Mortgaging, then usage and application of this third type of Mortgage can go a very long way indeed in helping you buy and/or invest in that ideal property of your choice and dreams.

And if ALL this sounds too complicated for both You and the Owner-Seller to do, then please worry no more because I can help you do all this difficult and complicated legal paperwork stuff for You at a reasonable service fee!!!

 Well, you the buyer or rather you the potential buyer, after having located a nice piece of real property that interests you so much and having mutually agreed with the Owner-Seller of the said property to buy it via Owner-Seller Carry Back Financing or Mortgaging, you then use a Contract of Sale as a Purchase Instrument which eventually acts as a Mortgage Deed as in the case of a Bank Mortgage. Technically, you do not get title to the property until you perform according to the provisions of the Contract of Sale or Agreement. In effect, you say to the Owner-Seller, "I'll pay your Equity (Full Purchase Price) off in installments over time. And as soon as I finish paying off everything, you will give me the title deeds for the property and it will be mine. In the meantime, if you happen to be comfortable with my request, I can act as the new owner by taking over the management and controls of the property. Of course, all the current property expenses in the meantime will also be mine to take care of as well".

If the Owner-Seller does not agree to your acting as the new owner by taking over possession, management and controls of the property, then, well and good. What's important is that you've clinched a good bargain with the seller acting as Lender instead of you paying all the purchase monies all at once which would have been otherwise somewhat very difficult for you in the first place. Just ensure that you perform according to the provisions of the Agreement and the property shall eventually be yours at last - free and clear!!!!!

I discuss the rest of the details of how to create and use Owner-Seller Carry-Back Mortgages including other kindred real estate creative finance strategies ->HERE!

Well, here they are:

SECRET # 1: BEGIN BY CRITICALLY ASSESSING YOUR AFFORDABILITY

The question of affordability is a very important issue that needs to be answered by you right from the beginning. You need to know in advance what you'll qualify for in terms of a total mortgage loan amount as well as consider the monthly mortgage loan repayments and assess whether you'll be able to meet these monthly loan deductions without causing so much strain on your personal finances. And a good place to get this done is to get pre-qualified by some officials from your particular financial lending institution of your choice. Doing this provides you with a rough idea of what you can afford or not afford!

For instance, First National Bank which is popularly known as "FNB Bank" offers what is called an "Upfront Bond" which is actually a pre-approved  certificate that shows the amount of money which has been approved in principal by the bank, which you - the customer - qualifies for. This Upfront Bond gives you an idea of what price range you can look for when house hunting for a property of your choice. It is normally valid for a period of eight (8) weeks and is renewable if you happen not to have found a property of your liking during this very given period!

SECRET # 2: SAVE UP FOR AN INITIAL DOWN PAYMENT REQUIREMENT IF POSSIBLE

Home Mortgage Finance lending institutions and/or Individual lenders are far more likely to approve your mortgage loan application quickly and lend you their hard money if you happen to have an initial small down payment saved up. This also helps put them at ease because you would also have contributed something towards the purchase of the property in question even if its a very small amount of money thereby proving that you are a very serious interested party.

So, as soon as you start considering purchasing a house or indeed any type of piece of investment real estate, begin by putting aside that extra small cash. Why? Because being strict about saving money before you purchase a home is also a good practice for ensuring that you repay your mortgage loan later on. It is also the fastest and excellent way to earn the TRUST of the seller!!!

SECRET # 3: ENTICE THE SELLER WITH A NON-REFUNDABLE BUT DEDUCTIBLE SMALL CASH DOWN PAYMENT

Many home sellers or rather many real property sellers have been seriously DISAPPOINTED by many Home Mortgage Finance Buyers on many occasions when funds mean't for purchase have become due after using a particular home seller's title deed documents to help raise such finances. And the effect of this has therefore made many home sellers or rather many real property sellers to  become street-wise, reluctant and/or out-rightly stop offering their real properties on sale to home mortgage finance buyers.

Therefore, In Such Hard and Difficult Circumstances, What Can You Do To Be a Smart and Intelligent Home Mortgage Finance Buyer So As To Be Ahead In Your Thinking and Ways Of Investing In Real Property and Make Sure That You Convince and Entice The Distinguished Real Property Sellers To Accept Your Offers Without So Much Resistance?

Well, the Great Secret lies in using the following Little Known Secret real estate investment strategy called: -

'PAY LOW AND THEN REFINANCE HIGH'

This is an age old "Buy low, control, hold and then later on sell high if you want" strategy borrowed from stock market investing principles and applied to creative real estate investing!

The way this strategy works in actual practice is that, after you've discovered and located a neat and excellent piece of real property on sale that has been substantially and seriously discounted at a very fair market price, you then entice and convince the owner of such a piece of real property by offering him or her a small non-refundable but deductible cash deposit which is to be deducted from the total purchase price. You then mutually agree with the seller to give you the exclusive right to use his title deed documents to help you raise the remaining purchase money by getting mortgage financing from any one of the various hard money lenders of your choice in order to buy his property and pay off the remaining balance. You of course also agree on the time period in which to accomplish all this and that if you happen to change your mind for whatever reasons or if the time period previously agreed upon between you and the seller elapses, then the seller gets to forfeit and keep the initial small cash deposit earlier on paid to him gratis! This way as a buyer, you uniquely set yourself apart from the other potential mortgage finance buyers by proactively thinking in advance on behalf of the seller and taking care of the seller's initial hidden fears. This also sets aside the seller's fears of you changing your mind in the final analysis for whatever reasons and puts him at complete ease!

So, dear reader and potential real estate investor, that's how you can entice and convince sellers of real properties when it comes to using and applying mortgage financing in your own real estate investment endeavors.

Never approach sellers of real properties in the same way other potential mortgage finance buyers approach them. Be creative, unique and enticing in your offer presentations when it comes to using and applying mortgage financing!

Therefore, try using this very technique in your future real estate investment endeavors when applying mortgage finance monies and see if a seller will resist your offer!

SECRET # 4: GET YOUR PAPER-WORK READY AND IN ORDER

Home Mortgage Finance Lenders will require at least not less than three months of your most recent bank statements, proof of regular income such as latest payslips, letter of offer from the seller, sale contract,  your identity cards, copies of utility receipts such as electricity bill receipts and proof of your current residence, etc. You may also be required to fill out a document that shows your income and expenditure. The mortgage finance lender will use this document in order to help assess your affordability based on your net disposable income after deducting all expenses and will not grant you a home loan for which the the repayments exceed a certain percentage of your total net monthly income. This can therefore be mind-boggling maths, so visit any one of your chosen home mortgage finance institutions and talk to qualified personnel who will then help you with this kind of assessment and work out your maximum home loan you qualify for.

For instance, like earlier on alluded to in one of the paragraphs above, First National Bank popularly known as "FNB Bank" offers what is called an "Upfront Bond" which is actually a pre-approved  certificate that shows the amount of money which has been approved in principal by the bank, which you - the customer - qualifies for. This Upfront Bond gives you an idea of what price range you can look for when house hunting for a property of your choice. It is normally valid for a period of eight (8) weeks and is renewable if you happen not to have found a property of your liking during this given period!

SECRET # 5: CHECK YOUR OPTIONS

Begin house hunting right away before you actually need to purchase in order to give yourself a sense of what you can afford and what compromises you might have to make in the long run. Browse real property sites such as this one right here to help you check out your various options, and then eventually start going out to show days. Educating yourself in this way means that when you happen to see and bump into your dream home, you'll be able to know if its too good to be a true bargain or not!

SECRET # 6: LAST BUT NOT THE LEAST, NEVER PUT YOUR EGGS IN ONE BASKET

Each home mortgage finance lending institution or individual lender has its own tailor made set of lending criteria. And therefore, in order to enhance and improve your chances of having your home loan approved as quickly as possible, and in getting the best lending interest rate, visit as many home mortgage finance lending institutions and/or individual lenders as possible and compare their terms and conditions and then finally submit your application to the best financier in the market place!!!!

Hope this information has been of great help to you.

I love to hear your feedback. Please drop your comments below. Both positive and negative comments are all welcome!!!

NOTE: Here Are Some Bargain Real Properties For Sale For You To Look At If At All You're Ready To Move On To The Next Level In Your Investment Journey. See This ->HERE!

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor and Enthusiast and Trainer. He is also a 4th Year Bachelor’s Degree Law Student Studying with the Zambian Open University. He is Someone who Understands his Subject so Well and Knows how to Reduce Complex Matters into Simple to Understand Matters.

Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contract him for one on one real estate investment advice!

He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Land Scape!

STILL Want to Know More about David Kapalu? Well, Then Click Right ->HERE for Details!

Buying and/or investing in real estate whether for residential, commercial or industrial purposes can be such a great moment when one has the capacity or the money to do it. It is such an exciting moment for most people that they get highly carried away by the prospect of owning their own piece of real property and end up negligently overlooking the basics of real property analysis in the process.

So, Why Take Your Time To Critically and Carefully Analyze a Piece of Real Property Before You Cash In?

Well, the answer is obvious: to make sure that the property you are considering to buy or invest in is a perfect one and that it doesn't have any problems or encumbrances of any kind whatsoever. And also to make sure that the property isn't overly priced but priced within the market average price range.

Therefore, what are the governing focal points when it comes to critical and careful real property analysis that can help anyone make a quick, proper and informed decision regarding one's choice of buying and/or investing in a piece of real property without any regrets whatsoever afterwards?

Well, here they are:

Location is another important governing focal point to be seriously taken into account when choosing a piece of real property to buy or invest in. If anything, this is one of the most important governing focal points in helping an investor reach a quick and prompt decision. Why? Because real estate investing is all about good location, good location, good location, good location, good location!

The neighborhood in which a piece of real property is located in should be very, very appealing, with very easy access to all the amenities such as schools, hospitals, good roads, shopping malls, work places, bus stations, banks, etc.

However, if the location of the property is a very busy business intersection with a lot of people, traffic, bars and a highly noisy environment, then this may not be an ideal place for residential purposes. Such a place would be ideal for commercial or industrial purposes. What therefore may be an ideal location for a certain line of real estate investment such as dense population, high traffic etc., may turn out to be a nuisance of a location for other types of real property investments? It all therefore depends on what kind of investment property you wish to buy or invest in. Is it for commercial / industrial purposes or for residential purposes only? Or is it for other kindred real property investment purposes such as a filling station, lodge, hotel, fee paying public car park, colleges or universities, private hospitals, etc. The purpose of the investment will determine the location of property! 

Otherwise, a Good and Promising Location is the hallmark of wise real estate investing!

Another important governing focal point of property analysis is the condition of the property. Does the property in question have any structural problems such as severe cracks that will make it highly expensive to work on in order to increase its value? And when we talk about the condition of the property, we are simply talking about three general aspects namely: (a) is it a newly constructed property? (b) Is it a renovated and/or refurbished property and last but not the least, (c) is it a distressed and/or neglected property which if worked on could turn out to be a perfect and excellent property which the current owner doesn’t realize? Each of these three general aspects or conditions of property can further be discussed in greater detail but space cannot allow here. May be this is a topic of another blog article. 

Price is always and will always be a critical governing focal point when it comes to buying or investing in real property. However, the best way to gauge how much a piece of real property is worth exactly is not how much it has been priced at currently but to look at other similar properties and see how much they recently sold for in the past say six (6) months or so. Therefore, price is always and will always be a determining factor when it comes to analyzing real properties to buy or invest in.

Another real property analysis factor closely related to price is what is known as the “Rent-To-Value Ratio”. The Rent-To-Value ratio provides a quick, cost effective and no brainer way of assessing an investment property's income potential - whether residential, commercial or industrial property before you do any further research and/or due diligence on it?

Moreover, the Rent-to-Value (R/V) ratio also provides an excellent and/or quick measure / way of assessing a particular income generating property's cash-flow and/or income potential regardless of the property's location. The Rent-to-Value ratio is similar to the Price-to-Earnings (P/E) ratio used on the stock market to help determine whether some common company stock such as shares of a particular company are overly priced or underly priced before an investor decides to invest in such a company's stock. My honest opinion is that an R/V ratio of say between 0.7% and 0.8% should be the barest minimum with an ideal number closer to 1.0%. Obviously, the higher the percentage rate of the Rent-to-Value Ratio, the better for you as an investor!

SO, HOW DO YOU CALCULATE THE RENT-TO-VALUE RATIO?

Simple. The R/V ratio is calculated by dividing the gross monthly rental income into the current open market value of the particular income generating property.

For instance, an income generating property that's worth say K1 Million (approximately $100,000) today and rents for say K10, 000 (approximately $1000) per month, would have an R/V ratio of 1.0%. This percentage number obviously represents a very good cash-flow / income potential of such a property. And if you are considering out-rightly buying or investing in such an income property, then this will be a very good investment regardless of its location!

Therefore, using the R/V ratio helps you to quickly assess or evaluate every single income generating property you are currently looking at or are currently considering investing in before you do any further research and/or due diligence on it. It is actually one of the many real estate investment "rules of thumb" to quickly screen or assess good and potential income generating investment properties.

So, the next time you go out looking for an investment property you wish to out-rightly purchase, why not use and apply this tool to quickly help you assess whether a particular income generating property is worth considering or not before you do anything else!

The population of the community where the property is located is also another governing focal point of analyzing properties listed for sale. Will you or will your future tenants be comfortable living in such a neighborhood once you've bought and/or invested in such a piece of property? The population of the community where you wish to buy or invest in may or may not be a positive factor. It all depends on what kind of investment property you wish to buy or invest in. Is it for commercial / industrial purposes or for residential purposes only? If the location of the property is a very busy business intersection with a lot of people, traffic, bars and a highly noisy environment, then this may not be an ideal place for residential purposes. Such a place would be ideal for commercial or industrial purposes. What therefore may be an ideal location for a certain line of real estate investment such as dense population, high traffic etc., may turn out to be a nuisance of a location for other types of real property investments?

So, do your homework properly when it comes to this factor of real property analysis!

This last but not the least governing focal point of real property analysis is all about assessing and finding out what financial requirements the seller is comfortable with so that you can know how to fund the who deal.

Questions such as, "How does the seller want me to finance the deal?" Does he want ready cash? Or maybe he is willing to accept a reasonable down payment and then carry-back the remaining equity? Is he flexible enough to allow you to fund the whole deal and purchase price using a bank mortgage? Can he allow you to buy his piece of real property using what is known in real estate circles as "OPTIONS"? [Don't know what "OPTIONS" are? Then get to know about them by clicking HERE for FREE].

And in conclusion, ALL of the above governing focal points of critical and careful real property analysis (and many others not listed) are IMPORTANT and may have a bearing on one's Decision Making Process when it comes to Selecting a certain Piece of Real Property BUT Only FIVE (5) are VERY, VERY IMPORTANT and These are:

1. Location of the Property

2. Condition of the Property i.e. is it a New Construction, Renovated or a Distressed Property,

3. Price

4. Flexibility of the Seller

5. Financing Required

Therefore, if you can hastily zero in on these five (5) very, very important governing focal points and make a decision about each one of them, then you can put together a fairly objective profile of the target property you’re interested in, in the form of an aggregate score that will eventually enable you to make a prompt decision regarding the property you’ve declared interest in! 

So, consider using this very approach of property analysis in your own real property investment endeavors. If for instance, a particular seller of real property is not flexible with his or her terms, conditions and/or selling price, then you may find it practically impossible to swing the deal in your favor according to your own plans and goals - no matter how favorable the other governing focal points might appear to you. On the other hand, if the seller finally turns out to be flexible with his terms, conditions and/or selling price but there is a high possibility that you’re going to end up with a terrible piece of real property in a bad location, then you need to stop in your tracks. Similarly, if every one of the most important governing focal points of property analysis stated above falls into place but you then discover that the seller needs an all upfront cash payment only right away, then this also becomes a serious challenge to you unless you decide to locate and incorporate a very wealthy real estate investment partner to help you out in such a deal or you happen to have plenty cash in your possession.

So, the above five (5) main governing focal points of property analysis form an interlocking grid of decision points that you can put together into a final score for a given property of your particular choice.

FINALLY, what if you happened to have a Tool ready to use at hand for each and every property – whether residential, commercial or industrial property - you were considering or currently looking at? And what if the scoring process was relatively so simple and fast for you to use? Would this not provide you with the ability to compare and contrast scores for distinct properties you’re interested in and thus reach a more objective determination of such properties thereby enabling you to settle for the right and best one?

Well, surprise, surprise, surprise, my dear real estate investor, I’m here to introduce you to a very powerful tool you can use in your own real estate property investment analysis endeavors. This tool is known as the “Property Selection Matrix Tool”. This tool is a very powerful way to help an investor keep score during the analysis phase. It enables you to come up with estimate figures that you add up and then get an aggregate score. This aggregate score eventually allows you to make an informed decision regarding the particular piece of real property you’re currently considering or looking at now. And if this aggregate score falls in a certain range, then it helps you decide right their and then whether to go for such a piece of real property or not.

So, “How Does This Property Selection Matrix Tool Work Exactly?”, You Might Ask.

Well, the way it works is this: You assign a potential of five (5) points for each of the five (5) main governing focal points earlier on mentioned above. Thus a perfect property selection score will be twenty -five (25) points.

Therefore, experience has shown that real properties scoring nineteen (19) points or less should very likely be passed over, while properties scoring twenty-two (22) points or higher should be seriously looked at and/or scrutinized with a more positive eye. Those scoring near perfect will deserve your closest attention and serious consideration.

And The Next Logical Question You Might Be Asking Is, “How Do I Apply This Property Selection Matrix Tool In My Own Real Estate Endeavors and/or Deals?”

Well, the best way to answer this question is to illustrate it with a real life example of a piece of real property listed for sale by a seller.

For instance, the sellers (husband and wife) of a single-family rental property are getting a divorce and need to liquid fast so they can share the money and go separate ways as quickly as possible because they cannot stand the negative pressure of being together anymore. The property needs a bit of structural work before it can be rented out to other people. The sellers need urgent cash because of their situation – at least a 10% down payment. However, the selling price is seriously discounted – perhaps 20% below the fair market price. The neighborhood in which the property is located is very appealing, with very easy access to all the amenities such as schools, hospitals, good roads, shopping malls, work places, bus stations, banks, etc.

Find the aggregate score for this property and assess whether it is a good bargain or not?

First and foremost, the main governing focal points of property analysis are: location of property, condition of property, asking selling price, flexibility of the seller and financing required. And we’ve been told that we assign a potential of five (5) points for each of the five (5) main governing focal points earlier on mentioned above. Thus a perfect property selection score will have twenty -five (25) points. And that experience has shown that real properties scoring nineteen (19) points or less should very likely be passed over, while properties scoring twenty-two (22) points or higher should be seriously looked at and/or scrutinized with a more positive eye. Those scoring near perfect will deserve our closest attention and serious consideration.

So, looking at the facts and scenario given in the example property above, starting in chronological order, the property is located in a very appealing area which is closer to social amenities such as schools, hospitals, shopping malls etc, so this scores a total of five (5) points. The next in line is the condition of the property. We are given in the example property that the property needs a bit of structural work before it can be rented out to other people. So, this is a minus when it comes to investing in such a piece of property and therefore the property gets three points (3) or so for this. Next is the selling price of the property. We are told further in the example property information above that the sellers need urgent cash because of their situation – at least a 10% down payment and also that the selling price is seriously discounted – perhaps 20% below the fair market price and this means that the price is very good for an investor and so this governing focal point gets a full five (5) points. The last but not the least of these five main governing focal points is flexibility of the sellers. We are told again in the example property information above that the sellers who happen to be husband and wife are getting divorced and need to liquid fast so they can share the money and go separate ways as quickly as possible because they cannot stand the negative pressure of being together anymore. This is a very good clue of seller flexibility as discussed in greater detail HERE regarding how to identify flexible sellers and take advantage of that information because such sellers badly need to liquid in order to go separate ways. And this therefore gets a full five (5) points for that. And the last main governing focal point of property analysis is the financing required by the seller. Information regarding how the sellers want the property to be financed is again provided in the example property above. The sellers want at least a 10% down payment for the time being and the remaining equity to be paid later on either through a bank mortgage or whatever means the buyer will be comfortable with as long as the buyer can guarantee full payment of the remaining amount within a previously agreed upon time-frame. This governing focal point therefore also gets a full five (5) points for that.

Now, when we add up all the figures assigned to each of these five (5) important governing focal points that is to say 5+3+5+5+5, we get a total of 23 points. And according to the “Property Selection Matrix Tool”, real properties scoring twenty-two (22) points or higher should be seriously looked at and/or scrutinized with a more positive eye while those scoring near perfect will deserve your closest attention and serious consideration. And this particular property seems to be a very good bargain. Why? Because it scored above 22 points and it must be seriously looked at and be considered for investment!

CONCLUSION

Analyzing real properties on sale using the above discussed governing focal points before you cash in will go a long way in saving you money and prevent you from experiencing uncalled for headaches in the long run as a real estate investor. Real property analysis governing focal points such as: time of year, location, price of the property including usage of the rent-to-value ratio, architectural design, condition of the property, number of bedrooms/office units/shops, flexibility of the seller, zoning, listed by estate agent/owner-seller, the population of the community where you wish to invest in, how long the property has been on sale on the market, how old the property is, the financing required by the seller and finally usage of the property selection matrix tool etc., all are important to help you as a real estate investor to make up a proper and informed buying or investment decision. Of all these, only five are crucially important, that is to say, condition of the property, location, price, flexibility of the seller and the financing required! However, this is not to say that the other real property analysis governing focal points are not important. No. No. They are all equally important. Only that the five supersede the others but all the listed governing focal points of real property analysis have their place in the real property investment analysis equation!  
 
So, wise up and apply these real property analysis governing focal points in your future real estate investment endeavors!

It’s therefore my prayer and hope that this blog article has been very, very educative and helpful to you indeed.

So, until next time, go well in your own real estate investment efforts!

And if You found this blog article highly enlightening and educative, why not share and recommend this post to the people You love and care about so much. They'll thank you for it.

Also, remember to drop your comments below. Both positive and negative comments are very much welcome!

NOTE: Looking for Real Property to Buy, Sell, Rent or simply Rent-Out to other people, then click on the highlighted words right in this very sentence for details!

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach and Trainer. He is also a 2nd Year Bachelor’s Degree Law Student studying with the Zambian Open University. He is someone who understands his subject so well and knows how to reduce complex matters into simple to understand matters.

Therefore, Call/Sms him right now on +260 955 168754 and contract him for one on one real estate investment advice! He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian market!
   
STILL Want to Know More about David Kapalu? Well, Then Click Right ->HERE for Details!

Are You a Landlord or Know Someone Who Happens to be a Landlord? Do You OWN or know Someone close to You who Owns ANY kind of Rental Property such as Residential and/or Commercial Real Property? Are You or are they COMMITTING ANY one or more of the following Nine (9) Dangerous and Costly Mistakes Landlords Make Unknowingly?

Well, find out for FREE today if at all you or them are committing any one of these landlord mistakes unknowingly and save yourself the potential dangers, troubles, costs and heart attacks associated with each one of them.

And even if you happen to be a seasoned and professional landlord, reading and reminding yourself of these dangerous and costly mistakes could save your bacon (rental profits) and prevent you from having many, many sleepless nights in the near future due to the fact that you may have unknowingly neglected to auto-correct one or more of these mistakes!

So, continue reading on and find out which one of these mistakes you may have been committing unknowingly and save yourself the potential dangers and troubles associated with each one of them as earlier on stated. Read below:

The popular Latin Maxims known in the Expert Field of Law are "Ignorantia Juris Non Excusat or Ignorantia Legis Neminem Excusat" which simply means in straight forward english language as "Ignorance Of The Law Does Not Excuse" or "Ignorance Of The Law Excuses No One" are basic legal principles holding that a Person who is Unaware of a law May Not escape liability for violating that law merely because he or she was unaware of its content.

Other Latin Maxims worthy noting here as well are "Nemo Censetur Ignorare Legem" (meaning: Nobody Is Thought To Be Ignorant Of The Law) or "Ignorantia Juris Nocet" ( meaning: Not Knowing The Law Is Harmful)!!!

However, as every brilliantly educated and learned legal brain out there knows, to every general rule of law, exceptions exist. But suffice it to say that it is highly important as a landlord to take deliberate and intentionally directed steps to educate oneself in such crucial matters before its too late so as to avoid experiencing the inherent potential dangers and costly consequences that come as a result of ignorance!

Therefore, if you happen to live or you're intending to come live and invest in real property in the Republic of Zambia whether for business purposes or simply for personal reasons, well, here are recommended pieces of the Relevant Law you need to educate yourself with to make sure you're on the safe side:

a) The Rent Act (Pertaining to the Leasing of Residential Properties) Chapter 206 of the Laws of Zambia;

b) The Landlord and Tenant Act (Pertaining to the Leasing of Business Premises) Chapter 193 of the Laws of Zambia;

c) The Urban and Regional Panning Act, No. 3 of 2015 of the Laws of Zambia;

d) The Lands (Perpetual Succession) Act Chapter 186 of the Laws of Zambia;

e) The Lands Acquisition Act Chapter 189 of the Laws of Zambia;

f) The Lands and Deeds Registry Act Chapter 185 of the Laws of Zambia;

g) The Common Leasehold Schemes Act Chapter 208 of the Laws of Zambia;

h) Part III of the Zambian Constitution Act, Chapter 1 of the Laws of Zambia, especially Articles 16 and 17 relating to the protection of Real Property Ownership;

i) The Zambia Development Agency Act, No. 11 of 2006 of the Laws of Zambia (This is a Must Know for Foreign Nationals and/or Foreign Entities);

j) The Property Transfer Tax (Amendment) Act of 2013;

l) The Lands Act Chapter 184 of the Laws of Zambia;

m) The Income Tax Act Chapter 323 of the Laws of Zambia referred to as 'The Principal Act' in the Income Tax (Amendment) Act of 2013 [Especially The Section Relating To The Payment of Withholding Tax As a Landlord As Well As Other Taxes Pertaining To Real Property Ownership In Zambia];

n) The Land Survey Act Chapter 188 of the Laws of Zambia;

o) Any other Relevant Branch of Private Law Making Relating To Real Property Ownership Such As Basic Contract Law as well as Tort Law on Occupier's Liabilities.

If you don't know where to locate these pieces of laws or legislation, then please simply get in touch with me and I should be able to advise you appropriately!!!

Every rental piece of real property one owns MUST ALWAYS be treated as a separate and independent business unit with its own profit and loss account as well as its own balance sheet!

WHY? Because renting properties to other people is a business. If you don't treat your rental properties as such, you might be incurring losses and yet not know about it. And even if you weren't incurring any losses whatsoever, its just plane smart to treat each and every one of your rental properties as separate and independent businesses.

This is one of the commonest, dangerous and costly mistake many amateur landlords and even some seemingly seasoned landlords commit unknowingly.

You see, before you even consider advertising your rental property, the very first and most critical thing you need to do is to make sure that you've cleaned up the property thoroughly well before showing it to your prospective and ideal tenants. Make sure the inside and the outside of the property looks neat including the surrounding yard. Why? Because no one ever wants to live in a dirty environment. Plane simple isn't it? But you'll be surprised to learn and know that its not as plane simple as it sounds to many amateur and even to many seemingly seasoned landlords!

Perhaps a great question to ask yourself as a landlord is "Would I rent and live in this place If I were a tenant myself? " If your answer is a definite no, then its time to do some work out on your piece of rental property before you advertise it and start showing it to prospective tenants.

At other times, if the property has been occupied for sometime by other tenants and the current tenants decide to leave for whatever reasons, then you might need to do some cosmetic and minor repair works on the property before advertising and/or showing it to new prospective tenants. This is so in order to increase the perceived value of the property.

These cosmetic and/or minor repair works might include adding a new coat of paint inside and outside the house. Replacing sockets and switches.  Putting some new tiles. Replacing worn out doors and door handles such as mortice locks etc.

But the general, common and costly mistake most amateur and some seemingly seasoned landlords make is to straight away advertise and start showing the property to prospective new tenants before they do anything to it. They do this in the hope and promising that when the new tenant pays the rental fees, they'll be able to work on the house. But as we know it today, most tenants have become very smart and intelligent these days due to the fact that they've learn't their lessons the hard way! Most of them are not easily willing to part away with their own hard earned money and risk giving it away to some landlord who in most cases might change his or her mind and divert the money to some other personal projects of his or hers.

Yes, I'm aware that there are some tenants that are easy and willing to accept this arrangement, but the majority of them do not subscribe to this type of agreement. And of those that do accept, they may be doing it just because they are desperate and sooner than later they may decide to leave if you do not do as you initially promised to do and take you back right to square one where you have to start all over again!

So What Are You Supposed To Do Then?

Well, use your own hard earned money and work on the house before you advertise and start showing it to your prospective new tenants.

Do not become stingy with your investment property. Spend that money and improve your property first and you'll be happy that you took and made that decision later on. Why? Because you'll end up attracting excellent tenants that will end up staying in your rental property for a very long time indeed and shall be highly happy to pay you your rental fees on time because the property looks good in their eyes!

But What If You Don't Have This Kind Of Money To Do These Kinds of Cosmetic and/or Repair Works?

Well, their is a Little Known Secret and/or Cost Effective Way or Strategy you can employ or apply right now gratis to help you do some cosmetic and/or repair works and thus improve the perceived value of your rental property in the eyes of your prospective new potential tenants!

If therefore you're interested in this very Little Known Secret and/or Cost Effective Way or Strategy, then get in touch with me and I should be able to disclose it to You FREELY!!!!!

And guess what? This Little Known Secret and/or Cost Effective Way or Strategy is NOT about getting a salary advance, compassionate loan or any form of soft loan whatsoever from the various financial and/or micro-finance lending institutions! No. It's NOT any of these options. This ONE is one of its own kind that you've NEVER heard or read about!

So, dear landlord and blog reader, to get to know about this very Little Known Secret and/or Cost Effective Way or Strategy, get in touch with me and I'll gladly disclose it to You FREELY!!!!!

Call or Sms me directly right NOW on +260 977 805045 / +260 966 388525 / +260 955 168754.

Or, alternatively email me at dkapalu@davirealestatem.com indicating your interest in this very Little Known Secret and/or Cost Effective Way or Strategy and I'll gladly get back to you in record time!

Most landlords never put or rather reduce everything into writing. And when I talk about putting or rather reducing everything into writing, I mean preparing and including all the pertinent rental policies and/or terms and conditions in advance. This therefore entails having that dreaded Tenancy Agreement in place.

However, since most landlords are NOT schooled or rather enlightened in such matters, they bury their heads in sand hoping, thinking and praying that all shall be fine with their tenant-landlord relationships. But to the contrary, things do not always turn out to be that easy and predictable in life as we've come to know from experience.

So, its Always Important to have a Tenancy Agreement in place that incorporates and provides for the known as well as for the unpredictable future.

Therefore, What Are Some Of The Most Important Polices, Terms and/or Conditions That Ought To Be Seriously Considered Before-Hand In The Tenancy Agreement?

Well, the most important polices, terms and/or conditions are but are not limited to the following::

a) Provision as to whether you'll allow domestic Pets and/or other Animals such as Dogs and Cats etc or not. If you will, how many?

You might ask, "Why should I limit the number of domestic animals on my rental premises and incorporate such a seemingly strict policy in my Tenancy Agreement?"

Well, uncontrollable numbers of domestic pets and/or animals such as dogs, cats, doves, horses etc can end up causing damage to your piece of rental property if left unchecked and controlled.

They can also affect the natural beauty and scenery of your property.

Therefore, its important that you incorporate such a policy or term in your Tenancy Agreement that will restrict the number of domestic pets and/or animals so as prevent the potential damages associated with having large numbers of such creatures on your rental premises!

b) The number of Occupants

c) Who pays for Utilities such as water, electricity, cabbage collection, security, sewerage etc

d) Good Management of the Property such as who will do repair works to the property when damaged by either the tenant's immediate family members or damages coming as a result of natural calamities and to what extent and what amount of expenditure is the tenant allowed to spend on repair works? And is this supposed to be done with or without express permission from the landlord?

e) The amount of Rental Fees to be paid by the tenant and on what date and time specifically is tenant supposed to pay such fees. Also, are you going to include penalties for late payment of rental fees or not. If you're going to include such penalties, how much will such penalties be per day when rent is not paid?

f) Will you allow tenant to sublet the premises to other tenants or not.

g) Will you allow tenant to conduct serious commercial business activities on your premises or not?

h) Any other relevant policies, terms and/or conditions that you may deem fit and necessary to protect your interests and the property from abuse and damage.

If you desire an example of a detailed Tenancy Agreement, then click HERE for insight and inspiration. When you click on this link, it will take you to a Webpage called 'Downloads' right here on this very Website and once on that Webpage, click where it says 'Davik Tenancy Agreement Form'. That's it. The said template Tenant Agreement can be modified to suit your own unique circumstances!

This is also another dangerous and costly mistake committed by most landlords unknowingly.

Just because your tenant pays you the rental fees on time and does not complain to you about the state of the property does not mean that all is okay. You need to make impromptu and occasional spot checks on your property just to make sure that all is fine. Never assume that everything is fine. Regularly inspect your property. That way the tenant will know that you do care as well as prevent any unnecessary abuse of the property by the tenant.

This is another common and dangerous mistake made by most landlords unknowingly as well.

Their is totally nothing wrong with renting out your property to friends and relatives as long as you make it plainly graphic to them that this is a business and that you'll NOT entertain ANY sob and calamity stories from them when time for paying rental fees is up. Just don't allow them to take advantage of you because you happen to know each other.

Otherwise, the best strategy is for you to avoid renting your property to this class of people if you can that is. That way, you'll end up saving your good relationships with them.

But if you want to sour your relationships sooner or later on, then please go right ahead and rent out your property to such people.

However, don't complain when they start defaulting and take advantage of you!

Another common and costly mistake committed by most landlords unknowingly is entertaining mourning and calamity stories from their tenants without question. Stories such as being unable to pay rental fees on time due to ill health, loss of a job, no business, loosing of a loved one in the family, etc are all common sob stories tenants use to escape paying rental fees on time.

Yes, we all experience such adversities at one point or another in our lives, but entertaining such sob stories as and when they are presented to you as a landlord on a frequent basis can affect your bottom line in terms of your income levels. It also makes your planning very difficult in the process.

The way to look at this is this; if you borrowed money from the bank, would the bank accept your mourning and calamity story and excuse you from paying and remitting that monthly loan deduction?

Well, both you and me know damn well that the answer is a definite NO of course!

Then why should you as a landlord be any different from the bank? Both you and the bank are in business!

So, You Must NEVER entertain such sob stories at all costs unless otherwise and previously agreed upon in your Tenancy Agreement where procedure relating to such issues is clearly provided for therein.

So, What Are You Supposed To Do Then As A Landlord To Prevent Such Mourning And/Or Calamity Stories From Repeating Themselves On A Frequent Basis?

Well, provide and incorporate a rental policy, term and/or condition that governs the procedure regarding how you're going to treat and handle such issues as and when they arise and not waiting until it is too late thereby affecting your bottom line!

Profit maximization is the central theme in each and every business entity. And therefore thoroughly and properly comprehending the costs associated with every business venture is a MUST if you're ever going to survive in the business world!

The same holds true when it comes to the rental business. You MUST understand the costs associated with each and every rental unit you own as a landlord or else you'll end up a looser. Costs such as property management fees, home owners insurance, land rates, ground rents, income taxes such as withholding tax, monthly mortgage loan repayments etc must all properly be understood by you the landlord and taken into consideration when ascertaining the monthly rental fees to be paid by the tenants when they eventually occupy your piece of rental property. This will enable you to remain in a positive cash flow position rather than a negative one.

So, understanding the costs associated with the rental business is crucial to each and every landlord who desires to be a great success in his real estate investment efforts!

The last but not the least dangerous and costly mistake most landlords commit unknowingly is as stated above: Not Thoroughly and Properly Pre-Screening The Tenants To Be!

You see, not every person who comes your way and shows interest in your rental property qualifies to be a Good Tenant. Most of them are what I like to call "YUPPIES". Yuppies are the kind of tenants who once you've rented out your rental property to them, make the loudest kind of noise like a pig on the slaughter table. They happen to be very, very demanding and the moment your rental property experiences a slight problem like for instance a leaking roof or even a broken window pane or door, they are so quick to give you a call even in the middle of the night for you to go fix that problem!

So, would you love and enjoy having such a tenant occupying your rental property? Definitely not me! And its my guess that you wouldn't fathom having such a tenant occupy your piece of rental property either.

Therefore, learn and master the art of pre-screening tenants to be so that you only select and accept the best candidates and get to weed out the potential problematic ones!

In my many years of being in this industry and having dealt with a sizeable number of landlords and distinguished tenants, I've come to the realization and conclusion that their are some categories of people and/or professions or careers that appear to be very good tenants and their are some that are so problematic as to go to the extreme extent of even threatening their landlords with Unnecessary and Uncalled for Lawsuits even when the landlord was within his or her rights.

However, this is not to say or rather suggest that their are no nasty landlords out there. No. There are actually plenty nasty landlords out there who deserve to be taught good lessons by way of Justified Lawsuits so as to bring them back to their senses just as readily as there are plenty nasty tenants as well out there!

But, the bottom-line here is that as a landlord, you wouldn't want to find yourself in a situation where you're always quenching out fires here and there instead of earning money just because of a mistake you could have prevented or avoided initially had you take your time to pre-screen your tenants to be. And this does not mean that you should abuse or rather take advantage of your tenants just because you're a landlord. NO Please!

Just in case you may have a problem/s with a particular tenant or landlord, Section 5 subsection 1 of the Rent Act which is actually Chapter 206 0f the Laws of Zambia, provides either the landlord or the tenant the option of taking the matter to court so that the court can investigate the issue thoroughly and give relief to the complaining party. I hereby reproduce the said Section 5 subsection 1 of the Rent Act below:

"5.  (1)  In addition to any other powers specifically conferred on it by this Act, the court may investigate any complaint relating to the tenancy of premises made to it either by the landlord or a tenant of such premises".

And going hand in glove with the above quoted Section, is Section 32 of the same Rent Act which empowers the Chief Justice of the Republic of Zambia, by Statutory Instrument, to make 'Rules' of the Court known as 'The Rent Rules' and Rule Number 3 of the said Rent Rules talking about the commencement of legal proceedings against either party is hereby reproduced below as well:

Rent Rule Number 3. "A complaint or application to the court under the Act shall be commenced by an originating notice of motion. Evidence in support thereof may be on affidavit or viva voce."

The Golden Rule Of Life Therefore Is: Treat Others As You Would Like Them To Treat You. In Other Words, Do Unto Others What You'd Like Them To Do Unto You. Period. Nothing More and Nothing Less.

So, in conclusion, its my sincere hope and prayer that you've learn't, known, mastered and reminded yourself of one or more of these very common, dangerous and costly mistakes landlords make unknowingly and that you'll take remedial measures to prevent your committing them in the near future!

Or, what do you think about what you've just read above? Does it make sense to you as a landlord? And would you recommend what you've just read above to another person you know is involved in the rental business?

Well, simply write or drop your comments in the comment box below. Your comments shall be appreciated. By the way, both positive and negative comments are all welcome!

So, go right ahead and drop a comment below.

Or, simply recommend this blog post article to the people you think might be interest in this kind of information!

Until next time, go well in your own real estate investment endeavors.

NOTE: Happen To Have or Own Some Piece of Rental Property Whether Commercial or Residential And Are Experiencing Challenges and/or Problems Locating Good Paying Tenants?

Well, Tell Us About It Today Using Either The Contact Us Form or The Comment Box Below and We Should Be Able To HELP You In This Matter In Record Time At a Very Minimal and Manageable Fee As Well As Disclose To You That Little Known Secret and/or Cost Effective Way or Strategy You Can Employ or Apply Right Now GRATIS To Help You DO Some Cosmetic and/or Repair Works On Your Rental Property If You Do Not Have Enough Funds To Do That and Thus IMPROVE The Perceived Value of Your Rental Property In The Eyes of Your Prospective New Potential Tenants!!!!

There is ONE critical THING anyone contemplating of investing in real estate Must Do FIRST before spending any dime or dollar whatsoever!

This ONE THING is a Critical First Step any shrewd real estate investor MUST put in place before actually dashing out to invest in any kind of real property.

And this ONE THING is actually a very FREE Commodity! It doesn't require any money whatsoever for one to come up with it. It ONLY requires three FREE things as well and these are:

TIME, EFFORT and CAREFUL THINKING in the beginning! That's all!.

SO, WHAT THEN IS THIS VERY ONE CRITICAL THING AM I TALKING ABOUT?

Well, it is simply this -> Your PRELIMINARY AND ULTIMATE REAL ESTATE INVESTMENT GOAL/S!

Yes, you read that correctly - Your PRELIMINARY AND ULTIMATE REAL ESTATE INVESTMENT GOAL/S will determine EXACTLY the course of direction you're going to take in the future once you've bought and/or invested in that dream piece of real property.

You see, dear real estate investor, I know you've heard of this very thing several times in the past and I'll say it here again and again until it sinks in into your own mind for you to get that aha moment.

You see, Goals will provide you with a sense of clear investment direction once you have them in place. Rather than scratching your head in your investment journey as you proceed when you meet with temporary setbacks and challenges, goals will strengthen you instead and make you achieve what you initially set out to accomplish in the first place!

For instance, are you planning on having Temporary Control of the said piece of real property you're intending to buy or invest in? Are you thinking of Buying and then Keeping the said piece of real property? Or, are you simply thinking of Buying and then Quickly turning over the said piece of real property for profit to enable you generate more income for future investment property or what?

THEREFORE, HAVING STATED ALL THIS,  WHAT ARE SOME OF THE EXAMPLES OF THESE VERY PRELIMINARY AND ULTIMATE REAL ESTATE INVESTMENT GOALS YOU NEED TO HAVE IN PLACE FIRST BEFORE YOU DECIDE TO INVEST YOUR MONEY IN ANY KIND OF REAL PROPERTY?

Well, here are Seven (7) Real Estate Investment Goals You can adopt in Your own Real Property Investment efforts. Read below:

INVESTMENT GOAL NUMBER 1:  BUY AND/OR INVEST IN YOUR OWN HOME IN ORDER TO LIVE IN

This is the most common preliminary real estate investment goal for many people especially those planning on starting a family of their own and those about to retire.

So, if you haven't yet bought and/or invested in your own home in order to live in, then having a preliminary goal like this in place is an ideal situation for you as a beginning real property investor!

Yes, buying and/or investing in your own home in order to live in it may not benefit you in terms of income or profits, but it will save you good in terms of opportunity costs. This is where the money you were supposed to be paying rental fees, you'll now start saving because you're no longer a tenant but a home owner.

So, if you do not yet own your own home, then why not begin with this very Preliminary Goal FIRST before you consider coming up with other real estate investment goals!

INVESTMENT GOAL NUMBER 2: ASSIGNING THE CONTRACT OF SALE

Coming up with such a Preliminary Goal enables you to tie up a piece of real property with an Earnest Money Contract (Contract To Purchase). This in turn enables you to Assign this same Contract of Sale to another interested party or person for lucrative consideration or rather profits!

INVESTMENT GOAL NUMBER 3: SELLING FOR QUICK CASH

Coming up with such a preliminary real estate investment goal in the first place aims at you buying and/or investing in a piece of real property and then quickly turning it over for profit, with or without improvements at all.

INVESTMENT GOAL NUMBER 4: SELL FOR PAPER

Having such a preliminary goal in place entails you as a real estate investor buying and/or investing in a piece of real property and then quickly selling it on a Contract for Monthly or Quarterly Payments.

INVESTMENT GOAL NUMBER 5: PROPERTY MANAGEMENT

Having a preliminary goal like this one in place entails you buying and/or investing in a piece of real property and then later on managing it purely for profits.

INVESTMENT GOAL NUMBER 6: PARTNERSHIP

Having a preliminary goal like this one in place entails you buying and/or investing in a piece of real property with the help of a partner/s, managing it for profits and then later on splitting the profits with your partner/s!

Sitting Tenants can turn out to be your best Equity Partners in your real estate investment efforts if you happen to find those with a knack for spotting investment opportunities!

INVESTMENT GOAL NUMBER 7: TRADING

And finally, the last but not the least investment goal, involves you as a real estate investor buying and/or investing in a piece of real property with a view to trading it for another piece of real property that provides you with a higher or greater financial benefit!

So, this sums up our list of template goals you can adopt and apply in your own real estate investment efforts before you actually go out there and start searching, analyzing and finally investing that hard earned money of yours.

Therefore, here is the summary of the whole matter:

Come up with investment goals first, decide what type of piece of real property you want to buy or invest in, start searching and analyzing properties whether you're ready with the money or not. Why? Because this enables you to have a feel of what it involves to search and analyze properties as well as know in advance the average selling prices of properties in the areas of your particular choice so that when you eventually have the money in place you'll be able to know, identify and distinguish a good and fairly priced property from a bad and unreasonably priced one. Narrow down your search and analysis of the properties you're looking at and finally decide and choose the one that appeals to your taste and liking. Conclude the deal and then either keep and manage the property for residue income in terms of rental fees or quickly turn over the property for greater profits to enable you raise enough money for future  income generating real estate you intend to keep and hold for sometime. After this, go back to square one and repeat this whole process over and over until you achieve your real estate investment goals!!!!!

So, until next time, go well in your own real estate investment efforts.

NOTE: Looking for property to Buy, Sell, Rent or Simply Rent Out, then click on the highlighted words right in this very sentence.

Every type of investment opportunity or investment vehicle has its own underlying basic rules and/or principles that make up the BACKBONE of that very particular investment model. And these very underlying basic rules or principles of that very particular investment model MUST STRICTLY be followed and adhered to or else an investor stands to loose all or part of his or her investment seed capital. The loosing of one's investment seed capital is what must be avoided at all costs if you can and have some ways of doing so.

You see, dear potential real estate investor and blog reader, following the basic rules or principles of something will not 100% guarantee your ultimate success in your chosen investment opportunity or career path BUT will at least HELP you come closer to achieving your investment goals regardless of whatever happens in the process!

However, DISREGARDING and/or IGNORING these very specific basic rules or principles will DEFINITELY make it Pragmatically Impossible for you as an investor to achieve your investment goals in the long run than if you did follow them in the first place! And so, the million dollar question is, which one of these two scenarios would you want to follow and adhere to?

Well, your guess is mine too! Its better to follow and adhere to the former than to suffer the consequences of the latter!

So, the same is true when it comes to real estate investing. Its better to follow and adhere to the basic rules or principles that make up the BACKBONE of real estate investing than to ignore and disregard them and then later on suffer the consequences thereof.

Well, what makes up the Backbone of real estate investing is this:

THE WRITTEN OFFER! Period.

Well, The Written Offer, through its CRITICAL documentation, provides you as a real estate investor with Five (5) Major Benefits. And these are as follows:

The process of making Written Offers is to the real estate investor what the "Internship" is to the medical field. Writing Written Offers is the "Clinical" part of a real estate investor's training that will lead you to greater success in your deals. There is no excellent way of comprehending the basics of real estate investing than to learn to write plenty Written Offers especially under the guidance of more experienced real estate investment mentors and/or professionals who can coach you forward.

A Written Offer used correctly, can be one of your Powerful and Persuasive Negotiating Instruments in your arsenal of negotiating tools! The Written Offer normally starts the SERIOUS negotiating process and might have to go through several discussions before all the concerned parties append their signatures to the final terms and conditions.

A Written Offer once signed by all the concerned parties to the deal, serves to open up "Escrow" and immediately begins the clock ticking unavoidably towards the completion of the whole real estate deal. Therefore, it becomes the Main Reason for getting the whole deal completed. So, if the other party decides to back out of the deal for whatever reasons once the Written Offer is signed, the other party can sue for Specific Performance to compel the breaching party to have the deal Specifically Performed and/or Adhered to according to the agreed terms and conditions. On the contrary, if things were left to mere Oral Agreements only, then most real estate deals would never get to the fruition stage!

The Written Offer holds and keeps in a legally binding manner what you and the seller have mutually agreed to and therefore serves as the basis for securing mutually acceptable results. The Written Offer also epitomizes for you the wisdom of many previous real estate deals done before you and thus serves as the accumulation of dozens of crucial clauses or terms and conditions that have been carefully and critically thought of precisely to address difficulties experienced in the past to thwart your going through the same mistakes that other less shrewd investors suffered. It also Protects and/ or Safeguards both your interests and that of your Assigns in the event of the unknown happening including the interests of the seller and his or her Assigns as well!

A Written Offer once signed by all the concerned parties to the deal, and properly and rightly structured, becomes a Lawful Contract or Legally Binding Document which in itself is a Valuable Asset or Possession to you - the buyer!  HOW? Because it is a Possession you may take to the Market Place and use it as a REASON for obtaining further financing for your real estate investment project! However, you're of course bound by the terms and conditions contained in the Written Offer; BUT in effect it provides you with CONTROL over Valuable Property, and this Control and 'Interest' in the subject property can itself be assigned to another person, sold and/or traded for another property with higher and/or greater benefits!

Therefore, in conclusion, you can protect and safeguard your interests and that of your immediate Assigns in real property investment when you take the time to learn the ins and outs of real estate investing. And learning how to write Written Offers effectively is one such basic rule or principle you cannot afford to ignore and master. WHY? Because once you master this basic principle of real estate investing, it will enable you to protect and safeguard your investments once you've bought them and ensure you earn significant real estate profits through proper negotiations and documentation via effective Written Offers and NOT Oral Offers only!!!

And in your writing and presenting of Written Offers to the distinguished real property sellers, endeavor NOT to forget incorporating what are known as "Contigency Clauses or rather Contigency Terms and Conditions" in your Written Offers. WHY? Because these Contigency Clauses protect and insure you against any unexpected pop-ups, twists and turns in the near future and beyond and thus enables you to back out of the deal without any serious repercussions whatsoever!

Shrewd property sellers will however try by all means possible NOT to include these Contigency Clauses in their Written Offers and therefore it is your primary responsiblility to make sure that theses kinds of protective clauses or terms are included in your negotiation range and documented.

Here then are examples and a short list of some of the Contigency Clauses you may include in your Written Offers. See below:

"Purchase of property is subject to buyer obtaining financing from lender of buyer's choice and to be obtained within a maximum of six (6) months from date of signing this Offer"

It is prudent to include the specific terms and conditions of financing that you as a buyer intend to use and apply in the deal at hand

"Purchase of property is subject to seller providing a survey of the property, which survey is to be approved by buyer"

This allows you to verify the physical size of the property and make sure it corresponds to the legal description.

"Purchase of Property is subject to inspection, verification and approval of all financial data, tax, land rates and other kindred incomes and expenses"

You are making a life time investment so that you may multiply your financial situation that will lead you to financial freedom. And therefore, if you fail to review and cater for this kind of crucial financial data, you're then making a serious investment blunder.

Therefore, this is not mean't to be an exhaustive list of Contigency Clauses, but just a short list to help you see and understand how you may apply these in your own real estate Written Offers.

So, if you incorporate and use such contigency Clauses in your own Written Offers to provide for the unexpected, your chances of investment success will be greatly increased rather than diminished!!!!!

Hope this has been of great help to you.

NOTE: Don't Know How To Draft Your Own Legally Binding and/or Professional Looking Written Offers Which You Can Then Use To Get Your Deals Done and/or Eventually Use To Help You Obtain Further Financing For Your Own Real Estate Investment Projects? Then Call Us Today By Clicking  HERE To Help You In This Matter At A Reasonable Fee!

Also, Are You Looking For Real Property To Buy, Sell, Rent or Simply Rent-Out To Others, Then Simply Click On The Highlighted Words Right In This Very Sentence For Details!

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So, go right ahead and drop a comment using the form below.

Building and/or Investing in Real Estate has its own unique challenges. If it were not so, too many people would have been home owners, landlords and/or highly successful real estate investors.

Therefore, Building or Investing in Real Estate equally comes along with its own fair share of subtle and hidden costs that if not properly managed and controlled, can result in you as an individual investor loose colossal sums of money in the long run.

Their are actually 7 Unique Ways People or Real Estate Investors Unknowingly and Subtly Increase Building Costs thereby Delaying their own Investment Plans and Goals. These are as follows:

You've probably heard the saying "Failing to Plan equals Failing to Succeed!"

Well, I cannot therefore over emphasize the Importance of having a Budget and/or Building Plan in place before you actually commence your building project/s.

You must make it a point to budget or plan both the time and money it will take you to build or construct your dream real estate investment venture. Budgeting in advance in terms of the monies and time it will take you, ensures that you'll work within your financial perimeters and NOT beyond. It also ensures that you complete your building project/s within the planned and stipulated time frame.

It will also further provide you with that sense of urgency when your building project isn't moving on schedule so you can speed up the process and complete on time!

Learn to practice "The Need To Know" Principle!

See, dear blog reader and real estate investor, ONLY divulge certain critical information to people who deserve to know that particular kind of piece of information.

When you apply this principle, you protect yourself from unscrupulous people whether relatives or otherwise who might end up scheming ways and plans on how to lay their hands on your hard earned money thereby increasing your building and spending costs unnecessarily!

So, learn to be stingy and secretive with this kind of sensitive information. Only disclose it to people who deserve to know and not the other way round. You'll be shocked to learn how people become highly creative when it comes to scheming on how to swindle others of their own hard earned money once they know how much money you have.

Therefore, make it hard and difficult for other not so important people to know this kind of information. Keep them in suspense and let them keep guessing as to whether you have enough money to work with or not. This ensures that you work within your financial perimeters and NOT the other way round!

To reduce on unplanned for expenditures and other unwanted costs, make sure you brainstorm and think in advance of creative and airtight ways and means of preventing, thwarting, detecting and immediately and quickly prosecuting those that are likely to cause and increase your building costs unnecessarily. By acting this way swiftly, you prevent and send a strong message out there that you're a serious person who is not going to just sit around and watch people contribute to your increasing building costs!

Their is simply no excuse for committing such a grave and serious blunder when it comes to choosing and selecting building and/or construction personnel or companies whether relatives or otherwise in helping you achieve your real estate investment building plans and goals! You just better get and solve this piece of the puzzle properly right from the onset. Otherwise, it'll end up being a major contributor in terms of increased building costs if you don't get it right from the start. If you're not sure who to contract and trust in terms of your building needs, then simply ask people who've been there before and ask for their preferred recommendations.

This, if not religiously and strictly corrected, can contribute to your building costs greatly.

So, ensure that you incorporate regular and highly unpredictable unannounced spot checks to check on the progress of your building project/s!

If you happen to have no time at all or have less time for it, then employ what is know as "Creative Property Management" to help monitor the progress of your building projects on your behalf!

"If you pay peanuts, you get monkeys", is a popular saying by the wise people of old times!

So, never be extremely stingy with your monies when it comes to paying your handymen and other building or construction professionals. Pay them well for jobs well-done! This can entice them to ensure that they do proper and professional work on your current and future building projects!!!

If you DO NOT have intelligence or secretive sources of information in place to help you receive reports of dubious and/or criminal activities taking place on your building project premises, then lack of having this strategy in place can equally contribute to increased building costs on your part.

So, devise some covert ways and secretive strategies of getting information about such activities so you may act swiftly immediately such unlawful activities show their ugly heads and faces!

So, dear blog reader, hope this has been an eye opener on how to help you keep your building costs low instead of high!

What about you? What do you think could be other ways that people may be increasing their building costs unknowingly? How can those other ways be minimized to a bare minimum?

Drop your comments and/or contributions below.

Therefore, until next time, go well in your own real estate investment efforts.

NOTE: Looking to Buy, Sell, Rent or simply Rent-Out the property of your dreams to your ideal clients? Then click on the highlighted words right in this very sentence for details.