Our Fiduciary Duty to YOU the public...

Our what? Exactly! Who even understands big words like that? Not many, but it is my job to understand, and explain it to you so that you know what is expected of someone who presents themselves to you as an Estate Agent.

Estate Agents in Zimbabwe are controlled by a very strict set of conduct rules that most of the public are completely unaware of.

When one becomes registered as an Estate Agent in Zimbabwe, they have had to have had at least 3 years practical experience in the industry and pass a rigorous set of exams. The most important of which is Estate Agency Practice. This covers all the legal aspects of property sales and rentals, as well as an Estate Agent's Duty to the Public.

I have listed below, in English, not legalese, what you not only can expect, but must demand from your Estate Agent:

1. An agent must put the interests of his client above his own at all times, and must treat the business dealings of his clients as well as he would treat his own, if not better. This means that you can and should demand confidentiality at all times from your agent. He should never try to purchase or lease your property himself, without having first made it very clear to you of his personal interest.

Any Estate Agent is obliged to offer you advice and professional knowledge about the industry, regardless of whether you employ his services. (Much like a doctor is obliged to save lives even if they are not his patients!)

2. Agents should not defame other agents, or treat them in a manner that is inconsistent with fairness, courtesy and professionalism.

3.  Agents should not tout, i.e. should not try to canvass for business by door to door calling. They should not approach you if your house is on the market and ask to sell it. So many people don't realize this and an agent will call them and say, "I have a buyer for your house, please can I bring them around?" If the property is with another agent then you should tell the caller, that they must go through your appointed agent. Sellers can get themselves into all sorts of trouble when allowing a non mandated agent to sell their property as they will be liable for the mandated agent's commission, even if that agent did not sell the property.

4. Agents should not pose as buyers to illicit information from sellers or other agents.

5. Money held in an agent's trust account does not belong to the agent, and under NO circumstances is that agent allowed to use the money for the running of his business or personal expenses, (not even bank charges!) The agent should not move any money in the trust account out of the account without the written permission of the owner of that money. The number of cases that exist of agents "borrowing" money from the trust account and never repaying it, is quite frightening.

The deposit paid for a rental property belongs to the tenant until the end of the lease, and at such time the money will either be returned to the tenant or used to repair the property and pay outstanding bills.

At any stage that you have money in an Estate Agent's trust account, you can and probably should ask to see a statement. All rental properties should have a monthly statement of their account forwarded to the owner and tenant, if the tenant requests it.

If at any stage, you feel an agent is not fulfilling these obligations, you can report them to the Estate Agents Council, and the matter will be taken up by them. If you have been unfortunate enough to lose money from an Estate Agent's Trust Account, the Estate Agents Council has a Compensation Fund, which all agents have to pay money to each year, so that the public can be reimbursed for their losses. Bet you didn't know that...I am letting out all the secrets today, aren't I?

But remember, you have the right to expect the best from the person you are entrusting with your most valuable possessions, so don't settle for less...

Visit my website for more on property www.pageproperties.co.zw

Some advice for tenants...just to be fair!

Before you ask, no I did not die, nor did I go to hospital or even on holiday...I just have not had anything of value to add to your cluttered minds, and as the old saying goes, " Rather keep you mouth shut and let others think you are stupid, than open it and remove all doubt!"

Anyway, I finally have something of value to discuss today...well, I think it's important anyway. Several of my friends are tenants, either in business premises or residential properties. As you can imagine, they always have loads of questions for me, most very mundane and not worth going into here. But one particular question has come up several times and I was concerned at the lack of knowledge of the public, and because of this ignorance how they are being ripped off by my nemeses, the unscrupulous estate agents in Zimbabwe.

The question is...Is it right that the estate agent is charging VAT on top of the rental price stated on the lease agreement? Ok, so go and have a look at your lease. If it says x amount per month excluding VAT then, yes you need to pay VAT on top. But this scenario is very unusual as all prices in Zimbabwe are generally quoted including VAT. If the lease does not state whether the VAT is included or excluded, then it is assumed to be included, again, as this is the standard procedure for prices in Zimbabwe.

If you are being asked to pay for VAT on top of the rental and it does not clearly state the VAT is excluded from the price on your lease, then the simplest thing to do is to refuse to pay it. The estate agent trying to pull a fast one on you, is hoping to get more rent for his landlord, and more commission in his pocket.

Here are the things which you are, by statutory law expected to pay as a tenant:
1. Phone Bills
2. Electricity
3. Water Bills
4. Garden and pool maintenance
5. House cleaning
6. Insurance of household contents

More often nowadays, the tenant will also be responsible for the rates or levies on the rented property. This is perfectly acceptable, provided that this clause is in your lease. If it is not, then you are within your rights to ask the landlord to pay the rates and/or levies.

The landlord should pay for all structural defects and defects in fittings, like pool pumps, borehole motors, geysers, as well as insurance of the property and buildings. However, if you have signed a full insurance, repairs and maintenance lease (otherwise known as FRI lease) then you will be responsible for all costs associated with the property. If you do have such a lease, then your rental should be below the going market rate for a similar property as the one you are leasing.

Don't get caught by estate agents preying on you ignorance. Always have someone in the know check over your lease BEFORE you sign it. You can also insist on the rental price being inclusive of VAT so that there are no hidden expenses.

Visit my website http://www.pageproperties.co.zw for a look at the properties on offer. You can also leave me a message and I will be sure to get back to you.

Know your rights as a Landlord

In the past few weeks, I have come across so many people who do not understand the role of their managing agent or their own rights and duties as a landlord. I have decided to debunk the myths and misconceptions that have been allowed to grow, and hopefully, enable you to demand the service you deserve from your agent.


What is an agent? Basically, someone who has been given authority by a principal or landlord to act on his behalf. The agent is obliged at all times to put the interest of his principal above his own, and to conduct the business of his principal as if it were his own. How many of you can say this is the case with your agent? I would love your feedback, so we can discuss this topic.


Your duties as a principal or landlord are to disclose all relevant information about the property and to pay the agent for the work done on your behalf, this is the commission you pay.


What are the duties of the agent? These vary greatly, and you should find them in the mandate letter you have signed with the agent. This is the contract you have entered with the agent. So many agents put the mandate into the lease agreement. This is not correct as, the contract is between you and the agent and not you, the agent and the tenant. If you don't have a mandate letter signed, you should ask your agent for one, as this protects you and also allows you to terminate the contract with the agent if they are not fulfilling their duties.


In my mandate letters I include the following as my duties to the landlord:

•  Vetting references and selecting a suitable tenant.
•  Negotiation of the lease and rental, and the completion of the necessary contract.
• Collection of all rent and a provision of a statement every month. Close control of late and non-payment. (It is a legal requirement for you to receive a monthly statement showing rent received, commission deducted and expenses incurred to maintain the property. You must demand one if you are not receiving one!)
•  Routine quarterly inspections, and attendance to all necessary repairs and maintenance. In this case we will refer to you before incurring any expense that is out of the ordinary.
• Constant review of the lease and rent. In terms of the Rent Regulations 2007  Clause 39.4 “ The lessor of a dwelling may be permitted to apply for a variation of the standard rent after six months from the date of the signing of the lease agreement. Any variation of the standard rent which is 30% or less does not require approval by the Rent Board.”
•  Signing the lease agreement and all subsequent leases, having your power of attorney to do so. (Some landlords insist on signing their own lease, which is also fine.)

      Don't allow your agents to walk all over you, remember you employ them and you can fire them, giving three months' notice of the fact that you no longer require them to manage your property, of course this may be subject to the contract you have signed with them.

     Do you feel you are getting the best service? Let me know your thoughts and let's put a stop to unscrupulous agents taking advantage of the ill-informed public!

Buying a home is like choosing a lover!

Before you fall in love with a house, there are certain questions you need to keep in mind. Buying a home is very much like finding a life partner, you fall in love, become blinded to all reason and then wake up later to find that the deal you've signed up for is not as rosy as you first thought. You heart can be broken by a failed purchase just as easily and devastatingly as by the love of your life.



Start by making a list of exactly what you are looking for in a property:

• Area
• Price range
• Borehole
• Swimming pool
• Number of bedrooms
• Number of living rooms or areas
• Security
• Lock up garage
• Domestic quarters
• Other special features particular to your needs

Once you have a list, decide which are non negotiables or "must haves". Estate agents can be very convincing when trying to get you to see a house that does not meet your criteria. Remember you have to spend a long time with this home and like a lover, you must be as picky as you like! (Or face the consequences of a broken heart, disappointment, etc, etc.)

Once you have a clear idea about your ideal home and possibly identified it, you need to ask your agent the following questions:

1. How long has the property been on the market? 

2. How long has it been listed at this price?

3. How many offers have been received?

4. What were the reasons for the offers being rejected? (These 4 questions help you determine what price to offer when you make one.)

5. How long does the seller expect to remain in the property after the conclusion of the sale? (This can be a big one...you've found your dream home, but the owner wants to stay for 6 months while he finds another house to buy...we all know long distance relationships rarely work, so why agree to have a long distance relationship with the home of your dreams!)

6. Ask to see up to date utility bills to ensure that these are all paid. If they are not, it will delay transfer and could, in the worst case scenario, mean the property has been attached by the authorities for unpaid bills.

7. Ask to have a professional electrician and plumber check the wiring and plumbing. In Zimbabwe, you buy a house as is, and you don't want any nasty surprises for the latent defects you haven't seen.

8. Often the borehole is a make or break in the deal. You have every right to have the capacity of the borehole tested. 

Unfortunately, these checks are done at your expense, and if you are unhappy with the findings you may be out of pocket. But better to lose a little cash on insuring your decision, than buy a white elephant! (You'll be seeing a lot of pink elephants while you drown your sorrows for a bad buy!!!)

Don't rush into anything until you have had it all checked out. If the agent or seller is reluctant to allow these checks, you have to ask your self: "What are they hiding?" Rather walk away and look for something else! Just as your mother used to tell you, "There are lots more fish in the sea," I'm here to tell you, "There are lots more houses to see!"