🇳🇦NamibiaSouthern Africa
Developer seeks N$48 million from First Capital Property Managers over alleged unlawful fees
via The Namibian3 min read
Tulaing Properties, now Siren Partners Realtors, has filed a High Court claim against First Capital Property Managers, alleging the deduction of nearly N$48 million in unlawful project management fees from clients involved in a 300-house project at Grootfontein. Tulaing Properties, owned by businessman Joseph Andreas, claims an exclusive agreement from August 2021 granted First Capital Property Managers rights to market plots for a 2.5% commission and designated Tulaing as a preferred developer. However, Tulaing contends the contract prohibited First Capital Property Managers from charging project management fees if it engaged other developers. Tulaing alleges that First Capital Property Managers appointed and supervised other contractors, yet still charged additional fees from purchasers' home loan accounts, described as "provisional management fees" or "other payments." Citing an example from erf 1812, Tulaing estimates the total claim at N$48 million across approximately 293 housing projects. Tulaing is requesting the High Court to compel First Capital Property Managers to provide a full statement of account with supporting documents or, alternatively, to pay the estimated N$48 million plus 20% annual interest from August 2023 and legal costs. Letters of demand were reportedly sent in August 2023 and January 2024. The High Court has set deadlines for exchanging witness statements, expert reports, and documents by June, with a pre-trial conference scheduled for July.
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This summary was AI-generated from a story originally published by The Namibian.
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