With Pakistan’s real estate market expanding, foreign companies and their sales agents are increasingly targeting investors looking to purchase property in Pakistan. Unfortunately, many of these overseas entities employ predatory tactics, often operating in legal grey areas or exploiting loopholes, resulting in substantial financial risk for investors.
Based on our Law Firm’s two decades of experience and observations, we offer below a comprehensive look at these tactics and how potential buyers can protect themselves.
1. Misleading Ownership Structures
One of the most prevalent tactics involves foreign real estate marketing companies marketing themselves as the “Sponsor” of a project, often claiming they have all rights to sell, market, and manage properties in Pakistan. However, in many cases, these foreign companies may not legally own the land or the title. Instead, they act as intermediaries or financiers, creating an illusion of full ownership and authority. This structure complicates accountability and can make it nearly impossible for buyers to pursue legal recourse in Pakistan.
Example: Agents may claim that a foreign company oversees a project and holds all decision-making power. However, they fail to disclose that the actual landowner is a separate, Pakistan-based entity. Without explicit mention of this local entity in the contract, buyers face challenges in enforcing local laws if disputes arise.
Protection Strategy: Ensure the contract clearly specifies the Pakistan-based entity involved, including its accountability and ability to be sued locally. Ownership documents should also be provided upfront to confirm land rights.
2. Limited Jurisdiction Clauses
A particularly deceptive tactic involves including jurisdiction clauses that mandate dispute resolution in foreign courts, such as the UAE or UK, which can be both impractical and costly for Pakistani buyers. While these agents may assure clients that local recourse is available, the contract itself often binds the buyer to foreign jurisdiction, limiting their ability to resolve issues under Pakistani law.
Example: A Dubai-based or UK-based company may include a clause that all disputes must be resolved under UAE law, knowing full well that the property and issues are within Pakistan. This clause effectively prevents the buyer from seeking justice locally.
Protection Strategy: Demand a dual jurisdiction clause allowing for disputes tied to the property, title, and regulatory concerns to be addressed in Pakistani courts. Including the local entity as a contract signatory can also facilitate local enforcement.
3. Vague or Non-Binding Completion Timelines
Foreign companies and agents often advertise ambitious timelines to attract buyers but include clauses in contracts that make these dates non-binding or subject to unilateral extensions. Buyers are then obligated to continue payments despite indefinite delays, often with little recourse or compensation for setbacks.
Example: A project promises completion in “Q2 2029,” but the contract includes an 18-month grace period with no financial penalties for further delays. This setup leaves the buyer paying without the guarantee of timely delivery.
Protection Strategy: Negotiate a capped delay period with penalties or compensation for the buyer if the delay exceeds this threshold. Additionally, consider including a milestone-based payment structure, where payments are only made upon completion of verified stages.
4. Unrealistic Claims of Quality and Partnerships
Foreign agents frequently make grandiose claims about the quality of materials or partnerships with luxury brands, without binding assurances. These promises are often marketed heavily, but contracts lack enforceable terms around specific finishes, materials, or quality standards, leaving room for cost-cutting and under-delivery.
Example: Sales agents may advertise “Versace” finishes or “high-grade materials” to attract high-end buyers. However, unless these specifics are included in a binding annexure, there’s no guarantee they’ll be delivered as promised.
Protection Strategy: Insist on attaching a detailed annexure with specific quality standards and finishes, along with legal recourse options if these standards are not met in the final product.
5. Price Escalation Without Transparency
A particularly predatory practice involves granting the Sponsor the right to escalate prices due to inflation or construction costs without a transparent methodology. Often, these increases lack caps and may not be justifiable, yet buyers are forced to pay to avoid losing their investment.
Example: Contracts may include clauses allowing price increases for inflation without a clear cap or basis for these adjustments, potentially leading to significant, unexpected costs.
Protection Strategy: Negotiate for a fixed-price agreement or, if price adjustments are unavoidable, set a cap on these increases (e.g., 2-5% of the original price) tied to a reliable index, such as the Consumer Price Index (CPI) or a third-party construction cost index specific to Pakistan.
6. Absence of Escrow Arrangements
Many foreign real estate agents in Pakistan bypass the internationally used methods of escrow arrangements, requiring buyers to make direct payments before construction milestones are reached. This setup exposes buyers to economic duress, as they continue to make payments without a verifiable link to construction progress.
Example: The sales agent may cite “construction-linked payments” as an alternative to escrow but lacks any third-party verification of milestone achievements.
Protection Strategy: Push for escrow arrangements or a construction-linked payment plan where each payment is due only upon third-party verification of completed milestones.
7. Ambiguous Refund and Termination Clauses
Some contracts allow for refunds if terms are unsatisfactory, but the language around what constitutes “satisfaction” is often vague. Similarly, termination clauses may be present but include conditions that make them practically impossible to enforce.
Example: An agent may offer a “full refund” clause but leaves the terms so broad that invoking it becomes a subjective and prolonged process.
Protection Strategy: Clarify refund criteria in the contract, specifically outlining the conditions under which a refund can be requested. Include clear timelines and processes for issuing refunds, with a binding deadline.
8. Preventing Buyer Communication
To control the narrative, real estate agents may discourage buyers from communicating with one another by citing confidentiality clauses or discouraging associations. This tactic isolates buyers, making it easier for agents to control information flow and maintain pressure without transparency.
Example: The contract may suggest that buyers cannot share purchase prices or form associations, which isolates them and prevents collective action or information-sharing.
Protection Strategy: Demand a clause that allows buyers to communicate freely and form associations. Transparency among buyers helps in identifying and addressing shared issues or discrepancies in the project.
Protecting Yourself as a Buyer and Identifying Red Flags
Investing in Pakistan’s real estate through foreign companies can be an attractive prospect, but buyers must be vigilant to protect themselves from predatory practices. Here’s how:
- Insist on viewing title deeds, proof of ownership, regulatory approvals, and financial statements to confirm the entity’s stability and rights over the property.
- Ensure that local entities involved in the project are named in the contract, with accountability for enforcement in Pakistani courts.
- Clarify all terms in writing, especially around pricing, payment milestones, jurisdiction, and quality standards. Avoid relying on verbal promises.
- Get qualified legal experts well versed in the nuances of the Pakistani real estate sector to review contracts thoroughly and advise on clauses that need modification or removal.You can contact us at [email protected] for legal assistance in this regard too.
By being cautious and negotiating for clear, enforceable terms, buyers can better protect themselves from the risks associated with these aggressive sales tactics, securing a safer investment and a smoother purchasing experience.
Call for Legal Consultation +92-3048734889 (WhatsApp)
Email : [email protected]
https://joshandmakinternational.com
