An Examination of The Invasion of Quacks in Estate Surveying and Valuation Profesion in Akure

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AN EXAMINATION OF THE INVASION OF

QUACKS IN ESTATE SURVEYING AND


VALUATION PROFESION IN AKURE

ABSTRACT

This research work is basically concerned to examine the invasion of


quacks in estate management profession and the effect they caused so far.
Estates management is generally referred to as noble profession, charged
with managing, directing and coordinating an interest in landed property
with aim of securing in optimum return which may not necessary be in
monetary form. Quacks have contributed in no small measure in
bastardizing the profession of estate management and valuation. This
issue of “quacks” is a sore with the profession. The activities of estate
agents become a source of worry with reference to the growth around the
country. This study is aimed at highlighting various cause of invasion of
quacks in estate management profession, their impact to the societies in
general, the differences between profession and quacks, the ethics and
code of conduct of the real profession. The work recommended that, the
government should make law that anyone going into estate agency should
be registered with estate surveyor and valuers registration board of
Nigeria. It shall surely proffer necessary measures and solution to the
various identified problems being faced in the practice of the profession
and the populace if general. Akure, Ondo State was chosen as a case
study.

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TABLE OF CONTENTS

Title Page i.

Certification ii.

Dedication iii.

Acknowledgement iv.

Abstract v.

Table of contents vi.

CHAPTER ONE

1.0 INTRODUCTION 1

1.1 Background of the study 1

1.2 Statement of the problems 3

1.3 Research questions 3

1.4 Aim and objectives of the study 4

1.5 The scope of the study and significance of the study 5

1.7 Plan of the study 5

1.8 Definition of terms 6

1.9 Limitation of the study 8

CHAPTER TWO

2.0 LITERATURE REVIEW AND CONCEPTUAL FRAME WORK 10

2.1 The concept of the estate management 10

2.2 Theory and practice of real estate in Nigeria 11

2.3 Who is an estate agency and valuer 13

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2.3.1 Function of estate surveyor and valuer 15

2.4 What is estate agency 21

2.4.1 Duties of an agent 22

2.5 Meaning of quacks 22

2.5.1 Quacks in real estate agency/types of quack 23

2.6 Activities of quacks in real estate agency 25

2.6.1 Sale of property/ Letting of property 25

CHAPTER THREE

3.0 INTRODUCTION 27

3.1 Target population 27

3.2 Sampling procedure 27

3.2.1 Sampling techniques 28

3.2.2 Sampling framework and size 29

3.2.3 Data collection instrument 29

3.3 Method of data analysis and presentation 29

CHAPTER FOUR

4.0 DATA PRESENTATION AND ANALYSIS 30

4.1 Analysis of response to questionnaire 30

4.2 The performance of quacks in field 36

4.3 Factor responsible for emergency of quacks 37

4.4 Implication of quacks to estate management profession 39


CHAPTER FIVE

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5.0 SUMMARY OF FINDINGS 40

5.1 Summary 40

5.2 Recommendation 40

5.3 Conclusion 42

References 44

Appendix 45

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CHAPTER ONE

1.0 INTRODUCTION

1.1 BACKGROUND OF THE STUDY

The origin of estate surveyor and valuation dates back to the

beginning of time. At creation, God established the Garden of Eden

and put Adam and Eve in charge of it (Gen 2.15). Thus Adam and

Eve were the first estate surveyors and valuer since Eden was the first

estate known to man.

Before 1960, letting, buying and selling of land and building

had been in practice. But in 1960, a profession referred to as estate

management started to emarge and practice letting and sales of land

and buildings, and this body was registered under Decree 24 of 1975,

and people that are interested in this profession under 90 training they

are called estate surveyor and valuers. Since 1960 and before the

birth of estate management as a profession letting, buying of land and

building have being in practice. But because these set of people

practicing letting, buying and selling are not trained and registered,

they are referred to as quack.

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The advance learner’s dictionary define “quack” as a person

dishonesty claiming to have knowledge and skill, while “a quack is

estate management profession is define as any person, whether a

graduate or not who practice the profession of estate surveyor and

valuer without being registered by the estate surveyor and valuer

registration board of Nigeria (ESVABON).

The problem is so great that anybody can become an estate

consultant within the twinkle of an eye. According to t he Collins

concise dictionary, a quack is simply an unqualified perform who

claims knowledge or other skills by extension. Therefore, a quack is a

pretender who lay claims to profession of specialized skills (which he

lack in both theoretical and practical training) and offers the public

such unqualified services. Actually, quackery is not peculiar to the

profession of estate management alone but also affect the credibility

of other profession to like medicine, pharmacy, accounting and law

e.t.c. It is only the degree of havoc such quack wreck on different

profession that differs. It is more pronounced in estate surveying and

valuation and has increased seriously with the past few years by the

so called “estate agent and commission agent or caretakers” who

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practice in ramshackle offices and even parading themselves

sometimes as valuers.

Any person who lacks formal or basic educational training

generally but practice as an estate surveyor and valuer is termed as a

quack. Currently, the activities of quacks are making several negative

intrusions into the practice of estate surveyor and valuation in

Nigeria. It is high time the Nigeria institution of Estate Surveyor and

Valuer (NIESV) and Estate Surveyor and Valuers Registration Board

of Nigeria (ESVABON) took a decision action on how to bring the

quack under one umbrella just like the royal institution of chattered

surveyor (RICSY of the United Kingdom (UK).

1.2 STATEMENT OF THE PROBLEMS

The invasion of quacks in estate management profession has

caused a lot of problems and worries to the profession there is a lot of

malpractice and the profession is abused due to lack of control by the

board. The incursion of quack is giving the noble profession a bad

image. This is because most members of the public cannot

distinguish between a quack and the profession of estate surveying

and valuation.

3
1.3 RESEARCH QUESTION

On embarking on this project the following questions will be

observed and would serve as guide to the work.

1. Who is a quack?

2. What are their effects on estate management profession?

3. Is there any law that support them in practicing the estate

surveying and valuation profession?

4. How can you differentiate between a quack and an estate

valuer?

5. In what aspect of the profession can quack only be

recognized?

1.4 AIM AND OBJECTIVES OF THE STUDY

The aim of this project work is to look at problems caused by

the invasion of quacks into estate management profession and to

proffer possible solution. To achieve the aim, the objectives are;

i. examine the factors responsible for the emergence of quacks in

the study area.

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ii. identify the reasons why quacks are being patronized in Akure.

iii. compare and contrast the mode of operations between the

quacks and the professionals.

iv. assess the impact of quackery or real estate profession.

1.5 THE SCOPE AND SIGNIFICANCE OF THE STUDY

The issue of quackery is estate management is a very wide

study. Quackery is still existing even after the advent of e estate

surveyor and valuation. By virtue of this, this study will therefore

focus on agency and management practice of quacks in real estate

profession in Akure, Ondo State.

SIGNIFICANCE OF THE STUDY

The significant of this study is to create awareness for property

owner on which person to be involved in there property management.

1.6 PLAN OF THE STUDY

This research work is made up of different chapters. The first

chapter deals with the introductory aspect with regards to the

background of the study, statement of the problems which has

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formulated the research questions as well as generated the aim and

objectives, the scope and significant of the study, plan of the study,

definition of terms as well as limitation of the research.

The second chapter deals with the literature review, which

examines the related write-ups and comment of various authors on

the topic as well as review of the conceptual framework bothering on

the topics, the critical examination of invasion of quacks in estate

management profession.

The third chapter shows the various methodologies employed

and adopted in gathering data to generate information needed for data

analysis.

The chapter four is concerned with the presentation of the data

obtained as carrying out the research work and also the proper

arrangement analysis of each data for simplicity and accuracy.

The fifth chapter consist of the conclusion aspect of the research

work which regard to the analyzed data and

recommendation, summary and conclusion.

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1.7 DEFINITION OF TERMS

ESTATE:- It is an interest in landed property which rights can

be exercised with measure of control.

MANAGEMENT:- A relatively broad term which can be

defined as the science of organization and operation or at the

practical level, the act of directly and conducting affairs.

Management element or function or activities include forecasting,

planning, commanding, controlling thus, the function should be well

integrated by valuer in order to effectively manage an estate to reap

optimum returns.

QUACK:- Somebody who does not have knowledge of a

profession and not legally approved and acceptable.

PROFESSION:- A profession is an occupational body of

persons with specialized knowledge, skill, training, ethics and

standards engaged in a common calling or vocatus accepted and

recognized by law.

PROFESIONAL:- A professional is a person with a sound and

formal training as well as practical expose in a particular trade and

who is registered to practice as such in the country.


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PROPERTY: It is used here to mean land, developed real

estate, improvement on which are available for letting and leasing,

also for sale of any kind of property managed by the estate surveyor

which include fixed improvement like building as well as permanent

embellished e.g. furnishing.

ESTATE MANAGEMENT:- Estate management referred to as

a noble profession, charged with managing, directing and

coordinating an interest in landed properly with the aim of securing an

optimum return which may not necessary be in monetary form.

PROPERTY MANAGEMENT:- The administration of

residential, commercial and industrial real estate property

management typically involved the managing of property that is

owned by another party or entity.

FEASIBILITY:- It deals with possibilities and practicability of

an investment.

VIASILITY:- It deals with aspect of how profitable in return a

project will be.

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AGENCY:- This is an aspect of an estate surveyor and valuer

function that deal with buying, selling and letting of building.

1.8 LIMITATION OF THE STUDY

In every attempt of human being to achieve a worthwhile fact,

there are always constraints that usually stand in between them and

their loftly ideals. The following are some of the hindrance which

limits the scope and intensity of the study.

i. The short period and time factor as the research had to be

carried out concurrently with academic activities.

ii. The reluctance of the part of some quacks interview to give

information as touching their services to the public in the

practice of agency and management.

iii. The problem of getting estate surveyors and valuers at their

offices for an interview. iv. Financial constraints.

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CHAPTER TWO

2.0 CONCEPTUAL FRAMEWORK AND LITERATURE REVIEW 2.1

THE CONCEPT OF ESTATE MANAGEMENT

Management generally means the act of controlling an

organization, but also embrace the direct and overall supervision of

policy control which entails its implementation, management is also

the selection of goals and planning procurement, organization

coordination and control of the necessary resources for their

achievement (Thorncroft 1965).

Furthermore, Thorcraft 1995 view it’s more as the act than a

science because it is the act of directing and controlling affairs, white

Maley (1979) defines it as the application of skill in carrying for

property, its surrounding amenities and developing a formal

relationship between tenants and landlord, and between tenants

themselves in order that the estate as well as individual houses may

gives us highest value to both the landlord and tenant.

To a Layman, estate means a group of building having either

the same pattern of construction or commonly sharing central

environmental facilities like central waste disposal or the like central

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waste disposal system or the like, but in estate management variance,

it is an interest in a land or landed property that gives a measure of

control, it is also a legal entity donating the character and quality of

right that on owner possesses in a property.

Basically, there are two types of estate namely: freehold or

perpetual interest and leasehold or defined determinable interest, for

this reason, the estate management needs to clearly identify the types

of interest so as to known how to make enough plan and profession to

achieve the aim

2.2 THEORIES AND PRACTICE OF REAL ESTAE IN

NIGERIA

Estate management as an academic discipline is a derivative in

the sense that it draws its theory from a number of relevant

disciplines. These include economics, laws, building science, town

planning, environmental economics and management to mention but

a few.

In the last few years, academics and practitioners have been

concerned about the gap between conventional estate management

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practice and aspect of current development of theory particularly in

the area of property valuation. It is therefore erroneous to treat theory

and practice as word apart on to relegate practice to the background

on the assumption that is a routine and manual activity that makes no

intellectual demand on individual.

In relation to estate management, theory is purely concerned

with the principle on which estate management decision are made or

should be made while practice is concerned with the application of

those principle in the task of accurately taking decision.

The best practice is the one that blends with good theoretical

background. Without good theoretical background, one cannot

develop or make good use of his practical experience. It helps one to

adjust or restart his course whenever there is a change in the status

quo or existing situation or circumstance. A good academic

background sharpens one’s intellect and makes one sound minded.

Practice must be based on academic views, or principles to

distinguish, us from mere “cut and nail technicians”.

In recent times, there has been complaints of invasion by the

quacks in to the practice of the noble profession. Though the

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Nigerian Institution Estates Surveyor and Valuer (NIESV) and Estate

Surveyor and Valuers Registration Board of Nigeria (ESVARBON)

established by decree 24 of 1975 has consistently and rightly initiated

campaigns thwart the activities of quacks, this idea should be

supplement with good standard of practice based on strong

theoretical foundation, which the quacks definitely do not possess.

The situation where some practicing firms concentrate on rent

collection and occasional maintenance is retrogressive. The surveyors

should be able to advise a client on his real estate investment under

his care, today, the gap between theory and practice continue to

widen because practitioners seldom find time to read while

academics lack the opportunity for practical exposure on the other

hand and lack of incentives for further research.

2.3 WHO IS AN ESTATE SURVEYOR AND VALUER

An estate surveyor and valuer is defined as a member of the

surveying profession who is charged with the responsibilities of

directing and supervising interests in landed property with the

purpose of yielding optimum return which may not only be

pecuniary but also social, political and prestigious in nature.

13
They also determine the capital worth of an interest in land and

building. An estate surveyor and valuer is someone that is duly

registered under the Decree No 24 of 1975. According to section 8

(1) and (2) of the Decree, a person shall be entitled to be registered as

an estate surveyor and valuers.

1. (A) He passes the qualifying examination


for

membership recognized or conducted by the board under this decree

and immediately before the commencement of the decree, he was

member of the institution or

(B) He hold a qualification granted outside Nigeria which for

the time being is accepted by the board and he is by law entitled to

practice for all purposes estate surveyor and valuer in the country in

which the qualification was granted.

2. Subject to aforesaid, a person shall be entitled to register

under this decree if:

(A) He hold a certificate recognized by the board and has had

not less than two years post qualification practical experience in the

profession.
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(B) He has passed as examination approved than two years

post qualification practical experience in the profession.

An estate surveyor is a member of the surveying profession

who manages the interest on a particular landed property so that the

benefit of capital investment may be achieved.

2.3.1 FUNCTION OF AN ESTATE SURVEYOR

AND VALUER

An estate surveyor and valuer is a man of many parts in the

generation of funds, he can contribute to the achievement of this aim

through some of the under listed functions.

(A) VALUATION:- The basic expertise of a registered estate

surveyor is in the science and art of valuation. This means assessing

what a particular interest in property is worth in monetary terms in

the open market at a particular time for a particular purpose. The

valuation surveyor is able to value all types of properties for

purchase/sale, letting, investment, mortgage, rating, insurance,

compensation and taxation purposes. He is also able to estimate the

expected demand for, and future value of development projects, and

to forecast the returns on capital invested in such projects. His

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knowledge has to be very broad as every year brings additional socio-

economic factors which have to be taken into accountplanning

restrictions, highway proposals, office development permits, capital

gain tax, building regulations, and preservation notices etc.

As the list grows, demands are made for a higher

environmental quality in buildings, rental values rise, and planning

becomes more complex, so the registered estate surveyor’s

professional knowledge and training become more varied and more

important.

The valuation services of the registered surveyor in a general

practice firm are available to all property owners, investors and

developers including large retail shop groups, industrial concerns,

property companies, financial institutions and private individuals.

Increasingly, such independent practitioners are retained by

local government as consultant advisers and by pension funds,

property bonds and similar institutions to buy on their behalf or to act

as “Audit valuers” to safeguard the public interest. Other registered

estate surveyors with similar skills are directly employed by

government departments, such as the valuation offices to the inland

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revenue and the property service agency, statutory undertakes,

commercial industrial and financial undertakings with property

interests, such as insurance companies. Building societies, banks and

companies engaged in retail trade. A number of them are directly

employed by local governments to advise on general property matters

and the management of the local government

estates.

(B) RATING AND TAXATION:- Most landed properties

are ratable. Registered estate surveyor advise rate payers on their

assessment for rating and, if necessary, negotiate with the valuation

officer, who is himself a registered estate surveyor. They also

conduct appeals on behalf of rate-payers in the local valuation courts

and advise on given expert evidence on appeals to the lands tribunal

or to higher courts. Registered estate surveyors can also advise on

taxation, as it affects the land and property owners including

problems concerning estate duty (now superseded by capital transfer

tax), capital gains and development land tax.

(C) ESTATE AGENCY:- In this field, the registered estate

surveyor’s specialized knowledge of the property market is of

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considerable importance and estate agency is the cornerstone of many

general practices. An estate agent does not only sell/lease residential

properties, he as well negotiates the sale, purchase and lease of a

property on behalf of his clients based on professional opinion and

experience. He is equally concerned with disposal of land,

agricultural, commercial and industrial premises. He offers guidance

as to the appropriate method of sale, whether by private treaty,

auction or tender, and often advises upon and arranges mortgages.

His professional services are in effect a catalyst for all property

transactions.

(D) ESTATE AND HOUSING MANAGEMENT:- The

construction of buildings takes relatively short time, compared with

their management which continues throughout their useful lives. To

many, the management of property is only thought of in terms of

maintenance and rent collection, but with the increasing investment

potential of industrial, commercial and residential property, the

registered estate surveyor who acts as an estate manager has to keep

under review the development potential of the property holdings of

his clients. The requires considerable knowledge of a wide range of

18
legislation including landlord and tenant laws, the rent acts, housing

acts and many other statutes including leasehold enfranchisement.

(E) PROPERTY DEVELOPMENT:- Registered estate

surveys are key figures in the development process and the

development team. Their services cover project management,

valuation land economy, planning and investment, with the viability

of the economic aspects of schemes resting on their professional

enterprise.

(F) FEASIBILITY AND VIABILITY APPRAISAL:-

One of the basic reasons why only few people participate in real

estate investment is the high capital outlay involved. Essentially,

property development requires a lump sum of money, hence, the dire

need for credit facility. Sequel to the above fact, there is need for the

developer/investor to make a critical test (predevelopment appraisal)

as per the practicability and worth-while-ness of the proposed

investment so as to guide against any unnecessary loss or failure. To

successfully achieve this, the service of the estate surveyor and valuer

must be sought as he is professionally qualified and equipped to

render such a rare service.

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(G) PLANNING:- Today, there is an increasing demand for

higher living standards as well as enlightened concern for the

environment. This additional demand and change of emphasis can

only be met from the resources available, and the allocation of

resources is an essential part of the planning process, which is by no

means limited to design and aesthetic concepts. Registered estate

surveyors are able to analyse planning problems at all stages, from

the formulation of concepts to the final implementation of the

proposals, by bringing to bear their economic and environmental

expertise.

In addition to those engaged in private practice, many

registered estate surveyors/planner also hold appointments in central

and local governments, public corporation and development

companies.

(H) PLANNING APPLICATION, APPEAL


AND

ENQUIRIES:- Registered estate surveyors in general practice will

deal with application to planning authorities for development

projects, including changes in the use of property whether residential,

commercial or industrial. The registered estate surveyor will also


20
appear at planning appeals and enquiries to give expert advice,

handle compensation cases in connection with problem of planning

blight. Essentially, he helps in slum clearance.

To top it all, the registered estate surveyor is good as an

arbitrator in cases relating to land and buildings-rent panels, valuation

courts etc.

(I) SALES BY AUCTION:- Where a registered estate

surveyor acts as an auctioneer, he may be concerned with the sale of


estates, houses, commercial, industrial premises and ground leases, as
well as furniture, antiquities, works of art, plants and machinery and
other chattels. As auctioneer, he can advice a prospective purchaser
on the value of the property to be sold and if required to bid on his
behalf. On the other hand he can advise the prospective vendor on the
forced sale value (auction price) and reserve price below which the
property should not be sold.

(J) CHATTELS:- A number of registered estate surveyors

engage in the valuation of furniture, antiques and works of art. They

carry out valuations for insurance, probate and other purposes and

may advise collectors and investors on sales and purchases.

However, our main focus in this study is estate agency.

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2.4 WHAT IS ESTATE AGENCY?

(Robert, 1984) describes estate agency as marketing. Such

marketing could be for outright sales or for lease or rental. An estate

agent does not only lease residential properties, he also well

negotiates the sale, purchase and lease of a property on behalf of his

clients based on professional experience. The law of agency deals

with the right and duties of principal and agents, and with the right

and duties of each of them to third parties, for purpose of this study,

focus shall be on the duties of the agent.

2.4.1 DUTIES OF THE AGENT

i. Duty to show proper skill and care: An agent is under a duty to

show proper skillful care.

ii. Duty to obey instruction, where an agent refuse instruction from

his principal he is guilty of breach of duty. However, it must be

emphasized that if a principal gives ambiguous instruction to

the agent, the agent will not be liable for breach of duty if he

interprets it in the sense not intended by the principal.

iii. Duty not to take advantage of principal or make secret profit.

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2.5 MEANING OF QUACKS

A quack in estate agency practice is defined as any person,

whether as an estate management graduate or not, who practice

activities of real estate agency without being registered as an

associate member of the institution. Such a person offers the public

an unqualified service. He/she by decree No 24 of 1975 is not

registered as an estate surveyor and valuer to practice the profession

of estate surveying and valuation in Nigeria, let alone agency

practice.

Advanced learner dictionary of current English define a quack

as a person dishonestly claiming that he has knowledge and skill. In

estate agency, quacks come in many forms and they belong to many

classification these forms and classifications re treated below.

2.5.1 QUACKS IN REAL ESTATE AGENCY AND TYPES OF

QUACKS

Because of the number of touts and quacks in agency practice

and the increase/spread of quackery. Quackery on the other hand is

the fraudulent practice of a quack. Some classification of quacks have

been identified. These are discussed exhaustively below.

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(A) EDUCATED QUACKS:- Educated quacks are educated

people that have qualification and experience as lawyer who despite

their professional classing and registered chambers, still indulge in

estate agency practices.

(B) PROFESSIONAL QUACKS:- These are people who

have training in estate management, but who have not been or who

have refused to be elected or registered. They are those who are

impatient with the registration process of the profession and then

assist established quacks in perfecting quackery. Because they have

been well trained a professional estate agents, the professional quacks

uses this knowledge to do inestimable harm to the profession in his

get rish-quick syndrome.

(C) ILLITERATE QUACKS:- These are regarded as mere

“vehicles of destruction and disruption of established order”

(Ayorinde 2004). They are the people that established quacks or

agents use. They are touts, scouts or thugs of little or no intelligence

and no formal/educational training.

(D) FREELANCE QUACKS:- These are people who have

24
no established style or vocation. They “dash into any situation and

extort money from people by black mail. They are the “local

champions” who impersonate and make false claims on behalf of

chiefs and committees. At times, with forged documents, this occur

usually and more in cases of sales of property in rural areas. They are

local “linksmen” Ayorinde (2005) refers to them as “Routine

gamblers”.

(E) REGISTERED QUACKS:- These are the registered

estate surveyor and valuer (the professionals) but who out of greed,

avarice and uncontrollable desire to cheat, have refuse to abidi by the

ethnics and standard of the practice of real estate (Ayorinde 2006).

Registered quacks deal with quacks, they hire out their stamp

and seal for a fee and they charge inflated fees not in accordance with

the scale of professional charges. These people even go the extent of

using money to buy client and job. Registered quacks are a shame to

the profession and disagree to the nobility they claim.

2.6 ACTIVITIES OF QUACKS IN REAL ESTATE AGENCY

Estate agency is the most vulnerably aspect of estate

management that quacks perpetrate their unpleasant act and have a


25
free day in safe heaven. The activities of quacks under estate agency

therefore manifests is the following areas.

i. Sale of property ii.

Letting of property

2.6.1 SALE OF PROPERTY/LETTING OF PROPERTY

LETTING OF PROPERTY

Most quacks in letting do not have fixed place of work or

offices and would normally be considered as briefcase agents. They

would advertise in the newspapers using a telephone booth or mobile

number and request to meet the prospective clients in hotels or petrol

stations to arrange for viewing of the properties. On meeting they

would take the client to empty/vacant premises, where they would

being very low. They would then propose that the client visit their

lawyer, who would obviously be another quack, in a dingy office

someone in the back streets of the town. These offices would be in

most cases temporary rented for the purpose and when the client pays

the required rent and deposits, the office would be close. The

activities of quacks in letting of properties include.

- Charging & exorbitant fees not in accordance with the scale of

professional charges.

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- Scandalizing other agent before perspective tenant.

SALES OF PROPERTY

Quack do all that his within their power to secure power of

attorney from client to sell their properties. They also employ

dubious means to live in unsuspecting purchaser when the deals is

struck, they employ an arm twisting method to secure “good-faith”

deposits which are never refunded. They coin type of fees to cheat

the purchaser. By the time the agent transaction is over, they would

have made 15% - 20% individual from both seller and buyer.

The above pitfalls are unlikely to happen if one was to use a

professional agent as this agent has a reputation to uphold.

27
CHAPTER THREE

RESEARCH METHODOLOGY

3.0 INTRODUCTION

This chapter gives an insight into the method employed in

carrying out the research. It describes such issued as design of the

study, target population, data collection instruments, sampling

procedure and the relevant tools for data presentation and analysis.

The essence of this is to give clearer picture of all that was involved

in the data collection process and to provide a firm background for

data analysis.

3.1 TARGET POPULATION

Adam and Johnson (1975) explain target population as the

collection of individual item to be observed in a given problem

situation therefore, the target population of this study will be the total

number of registered surveyors and valuers in the case study area as

well as the estate agents.

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3.2 SAMPLING PROCEDURE

This research work was carried out by making personal

contacts, consulting library and sending out questionnaires containing

list of certain questions that are needed for the project.

The data and information for this study were gathered from two major

sources which are primary and secondary sources.

A. Personal interview

B. Use of questionnaire

PERSONAL INTERVIEW:- The researcher has oral

interview with properties owner in Akure residents the people

interviewed respond very well and give useful information on

question which made the study interesting.

3.2.1 SAMPLING TECHNIQUE

A simple random technique will be employed for this research

in administering questionnaires and this method is adopted because it

is relatively easy to use within a given time constraint.

3.2.2 SAMPLING FRAME WORK AND SIZE

The sampling frame for the study for registered estate surveyor

and valuers who operate an office setting within Akure metropolis as


29
revealed by the official website of the Nigeria institution of estate

surveyor and valuers (NIESV) amounts to twenty (20) and since this

is within a manageable size, then it will serve as a simple size for the

questionnaire to be administered on estate surveyor and valuers.

3.2.3 DATA COLLECTION INSTRUMENT

For the purpose of this study, two major data collection methods

shall be employed and they are:

1. Primary sources

2. Secondary sources

The primary data is based on findings obtained from the

questionnaire distributed oral interview administration of

questionnaire on the respondent.

The secondary data shall be published and unpublished

material, information from textbook and internet, conference paper

e.t.c.

3.3. METHOD OF DATA ANALYSIS AND PRESENTATION

The statistical tools to be used for the analysis and presentation

of the raw data obtained during the fields surveys are.

30
i. Frequency tables ii.

Trend analysis

31
CHAPTER FOUR

4.0 DATA PRESENTATION AND ANALYSIS

INTRODUCTION

The questionnaire approach was used in order to get details of

the invasion of quacks in estate surveying and valuation profession or

otherwise and probable solutions to it.

Total number of forty five (45) questionnaires were distributed,

fifteen (15) questionnaire to the profession estate surveyors and

valuers, twenty (20) to the property owners and ten (10)

questionnaire to the estate agent (quackery) in the case study area.

4.1 ANALYSIS OF RESPONSE TO QUESTIONNIARE

Only forty (40) questionnaires administered by the researcher

were returned. The questionnaire were processed manually and the

response from respondents were presented in percentage and showed

in tables.

4.1.2 Table II: Are quacks threat to your survival in the estate
management profession?

Response Count Percentage (%)

Yes 40 40%

32
No 60 60%

Total 10 100%

With reference to the questionnaire distributed, 60% of the

respondents see quacks as no threat at all to them, while 40% of the

respondents still believe quacks are indeed threats.

4.1.3 Table III: People believe that this profession is a dubious one, is
this true?

Response Count Percentage (%)

Yes 0 0

No 10 100

Total 10 100%

As to the question asked here, that is estate surveying and valuation

profession a dubious one? 100% of the respondents say No i.e. they

believe that the profession is not a dubious one.

4.1.4 Table IV: What Area of Estate Surveying and valuation


profession is quackery mostly affected?

Response Count Percentage (%)

Agency 10 100

Valuation 0 0

Management 0 0

33
Development 0 0

Total 10 100%

The respondents while giving answers to this question, believed

agency is the major aspect of estate surveying and valuation profession

that requires less professional skills, hence it is being invaded by quacks.

SECTION II QUACKERY

4.1.5 Table V: Sex of respondent

Sex Estate agent (quacks) Percentage (%)

Male 8 80

Female 2 20

Total 10 100%

The respondents that were served these questionnaires were both

male and female, 80% and 20% respectively.

4.1.6 Table vi. Do you agree that there are quacks in estates
management and valuation profession invading other people’s right?

Response Count Percentage (%)

Yes 10 100

No 0 0

Total 10 100%

34
The total number of respondents that filled the questionnaires owned up

that there were quacks like themselves in the profession.

4.1.7 Table vi. Is your trade legal?

Response Count Percentage (%)

Yes 10 100

No 0 0

Total 10 100%

The respondents according to their answers to the above questions

believe that they practice is legal and not a criminal act.

4.1.8 Table viii: is it true you collect higher commission?

Response Count Percentage (%)


Yes 6 60
No 4 40
Total 10 100%

According to the answers provided here, 60% of the respondents

confirm they charge higher commission, while 400% advocate that their

charges are not high.

THE RESIDENTS (LANDLORD/TENANT)

4.1.9 Table ix: Sex of respondent

35
Sex Count Percentage (%)
Yes 15 75%
Female 50 25%
Total 20 100%

These questionnaire were distributed to both male and female with

the require information.

4.1.10 Table x. Have you ever been duped? By who?

Response Count Percentage (%)

Yes 0 0

No 10 50%

Total 20 100%

Here we have twenty respondents ten (10) of them claimed never to

have been dupes before, while the other ten (10) said they have been

duped and by no other persons but quacks (100%) rate of returns.

4.1.11 Who among the professional and quacks can you entrust you
property?

Response Count Percentage (%)

Professionals 20 100%

Quacks 0 0

Total 20 100%

36
100% of the questionnaires distribute to advocates that property

owners can only entrust their properties to professionals, whom they

believe will manage it professionally.

4.1.12 When securing accommodation where do you pay higher


commission?

Response Count Percentage (%)

Professionals 0 0

Quacks 20 100

Total 200 100%

According to the answers provided here, 100% of the

respondent confirm that when securing accommodation, that they pay

higher commission to quacks.

4.2 THE PERFORMANCE OF THE QUACKS IN THE

FIELD

Quacks have contributed is no small measure in bastardizing

the profession of estate surveying and valuation although it could be

seen, these people are doing a legitimate business, their modus

operated, is such that it is against the ethics and conduct of the

37
professions. Take for instance the fees they charge for registration

forms is unethical.

The sign board displaying different types of properties in their

portfolio for sale and letting is also unethical. Also, estate agents

have been accused of defrauding tenant collecting rents for

transmission to landlords and absconding with the money.

They are also said to be unilaterally increasing the charge on

properties especially tenement and flat, in order to increase the value

of their own commission.

In actual sense, the issue of quacks is with a great discomfort to

estate management and valuation profession, this they do by parading

themselves from one freeholder to the other soliciting for properties

for sale or to let, this normally gives most freeholders the impression

that the property market is booming where as it is not true. As a result

that freeholder might decide to inflate the rents thus, this lead to

increase in rents.

Blanket imposition of fees in respect of work done is common

among the quacks they charge abnormal fees these problems have led

38
to direct dealing by prospective leaseholder with the freeholders

instead of going through the real estate agent. Even professionals are

not patronized because a lot of people still believe that their activities

and operation is the some with that of quacks.

4.3 FACTORS RESPONSIBLE FOR THE EMERGENCE OF

QUACKS

It would be apparent from chapter two (2) that the function of

estate surveyors and valuers requires sound and through professional

training in estates management as well as adequate practical exposure

to be able to effectively render the aforementioned professional

services.

There is a problem of collision and connivance on the part of

some of the professional estate surveyors and valuers, some of the

member either knowingly or unknowingly act as consultants of these

quack by trying to put them through professional assignments. Some

of these quacks are so well connected that they employ young

graduate estate surveyors and valuers to execute professional

assignments.

39
The absence of a recognized body or associated to cater for the

lower and middle level of the real estate professional is also

responsible for the emergence of quacks for example, the

draughtsman is recognized as a supportive manpower, in engineering

and accountancy, there are technician’s bodies and association. The

lesser bodies and association, have their limitation professionally,

they are professional bodies instead respective professional bodies

instead their service compliment one another.

Also, the omnibus nature of real estate practice in Nigeria as

inherited form England is another factor that encourages quackery,

for example, in the united state of America, institute of real estate

appraisal dealing mainly in valuation appraisal services. The

institution of real estates management dealing mainly in agency

development and brokerage or national association of real estate

brokers. In Nigeria, the only body regulating the practice of the

profession is the Nigeria institution of estate surveyors and valuers

just like it counterpart in Britain the royal institution of chartered

surveyors.

40
It appears that there is inadequate publicity and public

enlightenment on the part of Nigeria institution of estate surveyors

and valuers. Concerted efforts need to be made to educate and

enlighten the public on who an estate surveyors and valuer is and

how to distinguish them from the quacks.

4.4 IMPLICATION OF QUACKS TO ESTATE MANAGEMENT


PROFESSION

The dangers posed by the incursion of quacks on real estate

practice are multidimensional. The various tiers of government are

bound to be adversely affected, base on their policy decision on

advice from such quarters, unknowingly to those who patronize them,

their services are relatively more expensive because professional

body does not regulate the fees charged.

Mortgage arrangements are very common in financial

transactions. It is very important that professional estate surveyors

and valuers undertaken the valuation of collateral securities under

such arrangements where such assignments are undertaken by quacks

the lending institution (mortgage) might run into problem should for

closure situation arise. The incursion of quack is giving the noble

profession a bad image. This is because most members of the public

cannot distinguish between a quack and the profession of estates

surveyor.

41
CHAPTER FIVE

5.0 SUMMARY OF FINDINGS, RECOMMENDATION AND

CONCLUSION

5.1 SUMMARY

It has been observed from the field that there is inadequate and

improper public awareness programs on the part of Nigerian

institution of estate surveyors and valuers (NIESV).

It is however noted that the name of the registered surveyors

are not property publicized and also members of estates management

profession are associating with the quacks.

It was also discovered from the field that quacks are gaining

more hand in agency than the professional estate surveyors and

valuers because of high level of awareness, negotiation of

commission, high expectation and unethical practices.

5.2 RECOMMENDATIONS

Having enumerated the factors that have increase the incursion

of real estate practice by quacks in the preceding chapter (4) efforts

42
would be made to consider steps that could be taken to arrest the

trend.

 The following recommendations are suggested in order to effect

a positive change.

 The government should make a law that anyone going into estate

agency should be registered with estate surveyors and valuers

registration board of Nigeria. In other word, the estate agents

should be made answerable to registered surveyor firms rather

than embarking on an almost impossible task of

eliminating them.

 Estates surveyors should stop aiding and a betting the quacks.

For instance, some estate surveyors are patronizing the quack

and even relying on them to get properties. Any professional

found in such act should be dealt with by the registration board

either by seizure of the person(s) seals or any other punishment,

also, members need to be more honest and be devoted to the

success of the profession.

43
 Members should conduct and carry themselves with dignity. By

so doing, the public and quacks will give more and due respect

to the profession of estates surveying and valuation and

professionals.
 There should be continuous education even after graduation and

by so doing more will be qualified i.e. going for higher degrees

and sitting for the professional examination.

 It is a fact that some members of the public do not know of the

existence of the professional estate agent and the type of service

they render. Moreover, the estate surveyors have a lot of work to

do, by way of enlightening the public about the profession by

organizing symposia, workshop and lecturers on the activities of

the professional estate surveyors.

 The Nigerian institution of estate surveyors and valuers (NIESV)

propaganda should be supplemented with good standards of

practice base on strong theoretical foundation, which the quacks

definitely do note possess.

44
5.3 CONCLUSION

It is obvious that both the professional estate surveyors and valuers

and some of the public are award of the invasion of real estate

practice in Nigeria by quacks. Reasons responsible for this ugly

development were highlighted while some possible solutions have

been suggested to arrest that trend.

Moreover it has been discovered that the invasion of real estate

practice in Nigeria by quacks has gained more grounds. There should

be elimination of quacks that would bring sanity into their operation

and the public at large would be confident in entrusting their wealth

into the hands of estate agents that is, fear would be removed; the

noble profession of estate surveying and valuation have much to gain

by absorbing them into practice.

45
REFERENCES

AJAGBE YAYA (1993): Estate Management Students Companion


Ibadan Omode Printing Press.

AYORINDE A. (2005): “Real Estate Practice in Nigeria and the Menace


of quacks” paper delivered at Annual Conference of
NIESV 21st – 27th March, conference paper (2005).

AYORINDE A. (2006): Issue of Quack in Real Estate and its Effect on


Estate Management Profession in Nigeria”. The
Journal of Estate Management Student Association
O.A.U. Vol. 4, Page 6.

DUCK LAND B.S. (1978): The Collins Consist Dictionary Publish in


London.

HORNSBY A.S. (1965), “The Advanced Learners Dictionary of Current


English Published in New York.

IRVIN ROBERT (1984): The Real Estate Handbook, Maran Hick, New
York.

KUYE OLUSEGUN (2006): Property Valuation Principles and practice


in Nigeria.

KUYE, O. (2000): Property Valuation Principles Practice in Nigeria, the


estate management institutes study pack, Lagos.

MALEY A.P. (1979): An Introduction to Property Valuation, Estate


Gazattee, London.

OLAJIDE S.E. (2007): Professional Practice of Estate Management in


Nigeria, Published in Ekiti State, Nigeria.

THORNCROFT M. (1965) Principles of Estate Management Estate


Gazette.

APPENDIX
DEPARTMENT OF ESTATE MANAGEMENT AND
VALUATION, SCHOOL OF ENVIRONMENTAL STUDIES,
RUFUS GIWA POLYTECHNIC OWO, ONDO STATE.
46
LEVEL:- HND II
TOPIC: CRITICAL EXAMINATION OF INVASION OF QUACK
IN ESTATE MANAGEMENT PROFESSION
(A CASE STUDY OF AKURE ONDO STATE)
Dear Sir/Ma,

This questionnaire is designed to obtain information in partial

fulfillment for the award of Higher National Diploma (HND) in the

department of estate management and valuation. All information will be

kept confidentially and used for academic purpose only.

A. Name of respondent:--------------------------------------------------------

B. Sex of respondent (Male) (Female)

SECTION A

PROFESSIONAL ESTATE SURVEYORS

1. People believe that this profession is a dubious one, is thus true?

Yes ( ) No ( )

2. What area of estate management is quackery mostly affected?

(a) Agency (b) valuation (c) management (d) development

3. Can quacks be easily eliminated from estate management

profession? Yes ( ) No ( )

4. Are quacks threat to your survival if the progression?


Yes ( ) No ( )

6. Years of experience in estate surveyors and valuation profession?

(a) Below five years (b) above five years


47
SECTION B

ESTATE AGENTS (QUACKS)

1. Do you agree that there are quacks in estate management

profession, invading other people’s right? Yes ( ) No ( )

2. Is your trade legal. Yes ( ) No ( )

3. Is it true you collect higher commission. Yes ( ) No ( )

SECTION C

THE RESIDENTS (LANDLORD ORTENANT)

1. Sex of respondent? (a) male (b) female

2. Marital status? (a) single (b) married (c) windowed

3. Age of respondent? (a) 21 – 30 yrs (b) 31 – 40 yrs (c) 41 – 50 yrs

(d) 51 years and above

4. Educational background? (a) no formal education (b) S.S.C.E.

(c) tertiary institution

5. Who among the estate management professionals and quacks can

you entrust your property? (a) Estate management professional,

(b) quack
6. Have you ever been duped, by who? (a) estate management

professionals (b) quack

7. When securing accommodation, where do you pay higher

commission? ( a) Estate management professional, (b) quack


48
8. Should quacks be eliminated? (a) Yes (b) No

49

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