A moving story
Rupert Evill
Reducing Integrity Risks for Investors, Mid-Caps & Scale-ups | Risk Assessments, Implementation, Training, Investigations | Author "Bootstrapping Ethics" | Advisor @Association of Corporate Investigators
Ten days ago, we moved into a new home. We'd been looking for 18 months, providing plenty of opportunities (and failed bids) to learn.?
Two nights ago, as temperatures dropped, half the house (the kids' rooms, bathroom, and utility room) lost all water (and, therefore, heat). Was our risk assessment wrong? Could we have prevented this? What lessons might this give us for risk & compliance due diligence work?
Rapid due diligence
As we scrolled through endless listings, we learned to spot the real estate agent's creative use of euphemisms:
?? Cosy = for toddlers; adults - standing up possible in places.
?? Spacious = normal.?
?? Extremely spacious = cold, eery, and from the set of The Others.?
?? Rustic garden = trench warfare a better option than landscaping.
?? Rare opportunity = previous owner died and didn't redecorate after Woodstock.
?? Thoughtfully refurbished = by people who like pool tables in bedrooms.
?? SmartHome = only NASA electronics experts should consider.
?? Outbuildings with conversion potential = Asbestos murder shack.
?? Improvement potential = dynamite needed.
We learned to screen for obvious turkeys and what wasn't shown. No floorplan? No photos from outside or of certain rooms? There's always a reason. Deception is not just lying; it's omission.?
Google maps (Streetview), ordnance surveys, flood mapping, crime stats, nearby school inspection reports, local council planning applications, new developments, etc., became vital tools. It was shrinking a massive dataset down to something manageable.?
Pick up the phone
My wife gets on the phone. She gets far better results than email booking forms ever would. With the one-on-one interaction, we started to screen for the *SBF factor*. You've seen that story about Samuel Bankman-Fried playing video games during an investor meeting. Some agents behave similarly. Or they lie (about things we've gleaned from our research). Thus, the list of potential viewings gets even shorter, which is good.?
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The site visit
For those that made it past this screening, there's the viewing. In the UK, you get 30mins to walk around a property before you make the biggest purchasing decision of your life. Yes, you get a brief second viewing, but it's the compliance due diligence equivalent of a pitch meeting.?
How can that ever be effective? Well, it can't. Not really. But as you do more viewings, you get an idea of your priorities and significant red flags ?? (red lines). Damp, poor insulation, cracks in ceilings, noise, and on. The little things that don't feel or look right.?
But then comes the leap of faith, the bid.?
Getting into the weeds
Once we had bid (successfully) for this place (after five failed bids), we instructed our solicitors and surveyor the go deep. They did. We waded through dense documents from footpaths to adjacent farmland, flood risks, and structural integrity. We knew some work was needed, but not the plumbing issues we now face.?
Why? The kids' rooms were an extension, built a year or two back. The pipes are internal (in wall cavities and not visible to the surveyor). The plumber was slipshod, incompetent, or a cowboy.?
That's life. Some risks will remain unforeseen.?
Lessons
Would we have done our diligence differently? Yes and no. We were painstaking. This was the most significant financial decision of our lives. We dragged the sale on a month to get all the checks done. We could have gathered more HUMINT (information from locals) about the contractors involved in the extension.?
What lessons then for compliance due diligence (DD)?
Much has been written about failed DD in the aftermath of the SBF crypto carnage. But this isn't news. I started doing DD in 2006, and many folks don't want to know the truth (they're incentivised to close deals and not deal with later consequences).?
If you're the one left carrying the can, as many E&C folks are, test your DD plans. Think laterally. There's a wealth of information to augment the prospectus, disclosure, etc. Develop HUMINT sources - or find competent partners who have them. Build contingencies and resilience if you can.?
What was our contingency and resilience plan? Insurance was part of it. But we've been saved by a broader risk management plan. Having seen how febrile utility providers in the UK are, we did some prepping. Most importantly, secondary heating sources (a wood burner, photovoltaics shortly) and the wood supplies and space to create a small coppice area, plus a store of other supplies, including large water containers.?
How do you do DD? How do you plan for contingencies?
Partner at Keystone Law: Risk and crisis management | Sanctions, governance and compliance | Commercial law. Advisory Board: Trove. Chairman: Norfolk Snowsports Club. Board Advisor: Snowsport England
2 年Sorry to hear that Rupert But a good story. You did everything right. Oh, and welcome back to the UK!
Fraud and Ethics Educator, Author, Podcast Host at Fraudish formerly Great Women in Fraud. I promise not to say "it depends" in my presentations! #fraudhashtags
2 年You might call me a wannabe realtor. I do tons of due diligence having bought and sold 7 houses! People lie so often knowing the cost of fighting their lies most likely isn't worth the expense. Having a fantastic realtor makes all the difference. I never would have got my new home if it weren't for her. I'm sorry for your difficulties but I know you will make it work. P.S. Love your woodstove! I always wanted one of those, Rais? Happy Holidays.
Corporate Ethics, Compliance and Financial Crime Expert.
2 年Another great post Rupert Evill. You have a gift my friend in connecting E&C issues to everyday events that really connect with people. I wish however that you did not have to go through so many trials and tribulations to inspire you to write and highlight the importance of having a robust due diligence process to manage risk. No doubt that the majority of us can recount personal stories of disasters, breakage and/or costly repairs due to shoddy subcontractors/suppliers. There are always lessons to be learned from those experiences and you have brilliantly turned your experience into a very insightful and useful lesson for all E&C professionals. You cannot plan for every contingency but an organization that has a strong E&C culture will be much better prepared to deal with anticipated AND unexpected incidents since mitigation plans and the process of risk management is already part of their DNA. Minimizing risk, harm and costs come from proper planning and thorough risk-based due diligence. Thank you for sharing your experience and reminding us to be consistently vigilant.
Global CHRO / Corp. Service exec. renovating cultures, building talent pipelines, teams and people for high performance that leads to improved top/bottom line and shareholder value. Trusted Advisor to Boards and Leaders.
2 年I incorporated nasa into my new house mate ??