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JNP Properties & Jopa Villas Hses- Is this a con
Mr.Tea
#31 Posted : Monday, July 13, 2009 6:28:00 AM
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Joined: 12/4/2008
Posts: 341
Location: Nairobi
@Sasha,
Most infrastructural projects,due to their magnitude and colossal funding requirements,the developer needs to raise a certain proportion of equity before accessing the promised funds.JNP had secured some off shore funding which was fraught with complexities in the terms and conditions.

Patience Pays in Guaranteed Checks
Patience Pays In Guaranteed Checks.
Sasha
#32 Posted : Monday, July 13, 2009 6:32:00 AM
Rank: Veteran

Joined: 9/5/2007
Posts: 627
Mr Tea

Agreed. But the complexities in the JNP case were not too err ... .. complex! It was simple. We give you this 70% of the total funding required for the project, you raise the balance (which admittedly he did - don't know how), you build the houses, and repay the balance from the proceeds. If you fail to repay the loan, we secure the assets (land and buildings) and sell to recover our money! What is complex there?


Immorality: The morality of those who are having a better time!
Mr.Tea
#33 Posted : Monday, July 13, 2009 6:45:00 AM
Rank: Member

Joined: 12/4/2008
Posts: 341
Location: Nairobi
@Sasha,
You grossly over-simplify matters here.Are you privy to the contract? What you have stated is an ideal situation. I have first hand knowledge but would be caught dead discussing the contract on this public forum. In a nutshell,it proved hard to execute hence the current state of affairs.
I didn't mean to come hard on you but I sometimes feel that the market place is so starved of information that all manner of conjectures are inferred leading lots of confusion.

Patience Pays in Guaranteed Checks
Patience Pays In Guaranteed Checks.
Sasha
#34 Posted : Monday, July 13, 2009 7:02:00 AM
Rank: Veteran

Joined: 9/5/2007
Posts: 627
Mr Tea: I'm not privy to the contract and would also not discuss it in a public forum. I may have oversimplified the issue but really that is how it should be. If he had used the money given (since you have first hand knowledge, you know that it is a huge amount) for what it was intended for, there would never have been this problem.

OPIC have come out clearly to state that JNP defaulted on 3 repayments without any explanation. He refused to provide a breakdown of how he'd spent the money already advanced. An independent review done showed that he had spent less than 15% of the money given by OPIC for the Mombasa Road project on the Mombasa Road project. At the same time he was building a huge complex in Texas.

All in all we are saying the same thing i.e. JNP is a conman. You seem to be well endowed in the Real Estate business so I will not indulge you as I know little about it. What I don't understand is why he did not exercise prudence and honour the contract.

Quick question here! Do you think that were JNP to use all the money given to complete the project, he'd have easily repaid the loan?


Immorality: The morality of those who are having a better time!
Mr.Tea
#35 Posted : Monday, July 13, 2009 7:27:00 AM
Rank: Member

Joined: 12/4/2008
Posts: 341
Location: Nairobi
Sasha,
Experience has shown that a high percentage of such off shore funded projects fail because of the poorly negotiated contracts.Their terms and conditions fail to reconcile with the reality on the ground. In real estate projects,money is paid to the contractors directly in stages upon certification by valuers(QS). The question of defaulting would not arise because even the developers equity is committed to the project a fact that is also certified by the valuer. Plus repayments are only made 6 or so months after the completion of the project.

Patience Pays in Guaranteed Checks
Patience Pays In Guaranteed Checks.
Sasha
#36 Posted : Monday, July 13, 2009 8:07:00 AM
Rank: Veteran

Joined: 9/5/2007
Posts: 627
'Plus repayments are only made 6 or so months after the completion of the project.'

Is that a norm or an exception? Any views on my question?



Immorality: The morality of those who are having a better time!
Mr.Tea
#37 Posted : Monday, July 13, 2009 8:39:00 AM
Rank: Member

Joined: 12/4/2008
Posts: 341
Location: Nairobi
If you've borrowed say $20m,its not advanced to you before hand.Thats what I've been trying to say. It is administered piece meal until the project is done. Had JNP utilized the deposits he received from would be buyers would he have completed the project?the answer is a big no. Those deposits are meant to raise one's equity for the project. Did he utilize them appropriately? Its a matter of conjecture. Did the financier meet their part of the obligation?Thats a matter for the courts to decide.

Patience Pays in Guaranteed Checks
Patience Pays In Guaranteed Checks.
moshthepitt
#38 Posted : Monday, July 13, 2009 9:24:00 AM
Rank: Member

Joined: 5/23/2009
Posts: 35
Sasha,

At the end of the Receivership,and assuming the whole property is sold - is the new owner obligated in any way to the people who had placed deposits with JP?

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Obi 1 Kanobi
#39 Posted : Monday, July 13, 2009 10:42:00 AM
Rank: Elder

Joined: 7/23/2008
Posts: 3,017
@Moshthepit

The receiver is not obligated to pay unsecured lenders,this is under the principal of 'buyer be ware'

If I were the depositors,I would look to see if its possible to complete the properties where one had made the deposit. If the properties are currently stalled,then maybe you could apply to participate in the receivership process,say take a 50% haircut on your deposit,then finance your property to completion,it could still possibly be cheaper than taking out a mortgage.

I see this kind of negotiated settlement all the time here,give it a crack guys and good luck.


I've noticed the youth in particular coming in to a workplace with a completely outsized notion of their own value and importance... just a thinly-veiled arrogance. May be the credit crunch induced recession is whats needed to remind us all about the value of hard work.... By Anonymous
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leo
#40 Posted : Monday, July 13, 2009 10:48:00 AM
Rank: Member

Joined: 9/12/2006
Posts: 8
Even if the guy refunds your deposit now,what will be its real value? Assuming you had bought the houses at 3.8M,similar houses in that neighborhood are currently (Muthama Heights) going for 6.5-7M.

I know of a estate in Langata which had stalled but one of the buyers went to the selling agent and got the contacts of all the pople who had bought the houses. He called them for a meeting and the attendance was amazing. They formed a committe comprising of legal experts who wrote to the developer. They also organized site meetings with the developer every month to monitor the progress. I must say that the estate was completed and these guys are now staying in these houses.

Maybe those of you who bought these houses can try this method. You need to get the contactsof your fellow purchasers and meet on site to deliberate your way forward. You will be amazed on what you can achieve as a team.


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