What rights do we have under the law of the TRNC?

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
01/02/2008 23:03

Hi Folks,



We need grassroots comments(and maybe qualified legal opinion)

Our contract states "( Nine thousand nine hundred and fifty pounds) is payable upon full completion of the HOUSE and POOL in complete order."

It further states "there will be no further payments made by the purchasers to the Vendors apart from the payments detailed above".



Our contract had a Site plan appended showing swimming pools to each villa.



We have paid 90% of our villa costs(as required by the contract) and have AT PRESENT little more than a tiled shell.



The builder has just demanded a further £10000 be telegraphed by return.



THE BUILDER AND THE ESTATE AGENTS HAVE NOW JUST STATED THAT THE SWIMMING POOL IS NOT INCLUDED IN THE CONTRACT PRICE.



We have offerred arbitration or to Null and Void the contract if the builder so desires.



CAN WE RELY ON THE LAW IN THE TRNC? If we are successful in the courts, is it enforceable? Is the contract worth the paper it is written on?



We have taken our case to the PCO but our builder seems unconcerned.



We need...advice...support...a first class lawyer who is on our side.



Is it standard practice for builders to disregard contractrual detail and site layout plans?



At this point in time, we are some £105,000 out of pocket, with a solicitor that doesnt respond to our E mail.



We are aware of the difficulties the construction industry is currently in , in the TRNC.



WHAT CAN WE DO, AND WHAT ADVICE DO MEMBERS HAVE FOR PEOPLE CURRENTLY THINKING OF BUYING IN THE TRNC?



We take the view that to name and shame at this point in time, would be counterproductive.



All suggestions gratefully received.



We are at our wits end reading some B.B.s in the trnc.

glencoe


Joined: 01/02/2008
Posts: 256

Message Posted:
01/02/2008 23:39

Hi John,

Was your contract written by the builders lawyer or did you seek an independant lawyer ?

Did you have it written into the contract that the villa AND swimming pool were on offer at the agreed price (surely not 9950) as many builders show pools on their site plans but they are sometimes an optional extra ?

It may well be that you will have to change your solicitor if sentence one applies.

Unfortunately many people have fallen victim to things like this, but not all builders or indeed estate agents are bad, and again unfortunately in my experience a lot of people who would not dream of doing these things in the UK with regard to house purchase, come out here and leave all their accumen and sense at home, they believed glib sales people who were only out to make a quick buck.

I truly hope you can get things sorted, good luck, but please think 'did the builder or estate agent arrange the lawyer' ???

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
01/02/2008 23:50

So sorry to hear of your experience. Have you contacted the HBPG? Did they just advise you to go to the PCO? I can only share with you some of what I have read on other forums from people in the same boat. Firstly you may be better having a litigation lawyer rather than an advocate who only deals with conveyancing.You might also be better employing this person from outside the Girne area who would be more impartial. Make sure your contract is stamped at the land registry as this will then stop the builder and estate agent from selling it on, or taking out a mortgage on it.

You may be right to initially hold off on the naming and shaming as anyone capable of doing this to you is probably shameless anyway. Keep up the pressure and document all that has been said. Don't wait several days for replies to emails. Pursue them daily.

I wish you all the very best and sorry I can't be more helpful. On the whole this forum has very few people that have encountered anything like the problems you are facing however TRNC Villa owners website might be more helpful.

http://trncvillaowners.phpbb3now.com/index.php

rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
03/02/2008 00:48

I wish you luck, please keep us informed of progress.

victoriasloss


Joined: 27/04/2007
Posts: 46

Message Posted:
03/02/2008 02:42

www.trncpropertywarning.freewebsites.com



good luck

simbas



Joined: 16/07/2007
Posts: 5943

Message Posted:
03/02/2008 06:46

hi wynyardman , so sorry for your trouble , my heart goes out to you , i cant imagine the anguish you and your family find yourselves in through no fault of your own . as bradus has advised you trnc villa owners would be your best bet see topic " this is for kay " posted on 31/01/08 its questions and answers to do with problems like yours , its worth a look

good luck simbas

Littlenige



Joined: 24/12/2006
Posts: 3594

Message Posted:
03/02/2008 14:01

wynyardman



You have very few rights here that " will be enforced " by the authoitys however homebuyers pressure group and the property information office will help you please visit http://www.homebuyerspressuregroup.net or more info.



After almost 4 years we still have no proper electricity, mains water pool our patio is collapsing and ....................on and on i could go .



If I can help please mail me I will do my best to assist been throughthe mill got the t shirt and am looking to prevent anyone else going through our saga.





You are not alone.



You ask " WHAT CAN WE DO, AND WHAT ADVICE DO MEMBERS HAVE FOR PEOPLE CURRENTLY THINKING OF BUYING IN THE TRNC? "



My advise buy a ready built property with kochan mains water electricity from an estate agent on the goverment approved list for added protection.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
03/02/2008 23:47

Thanks everyone for your help and support.

Your advise is much appreiciated. Can anyone recommend a first class litigation lawyer outside of Girne?

Special thanks to Littlenige. Your experience could be invaluable.

Good luck in getting your problems resolved.



We are placing our faith in the PCO at present but will need to get formal help when the builder goes into default when he requests the final payment.

Thanks again everyone.

John and Julie

torres


Joined: 10/12/2007
Posts: 16

Message Posted:
04/02/2008 02:15

wynyardman sorry to hear about your bad experiance give this guy a ring he,s been good for us & friends and speaks perfect english he,s also based in lefkosa got to be worth a call erdas erbilen office 903922272550 mobile 905428848808 email erdaserbilen@yahoo.co.uk

simbas



Joined: 16/07/2007
Posts: 5943

Message Posted:
04/02/2008 09:04

hi wynyardman , go to popular tags at top of page and click on lawyers all info there

good luck simbas

anomug


Joined: 19/01/2009
Posts: 53

Message Posted:
28/01/2009 23:25

Hi torres,

Would like to discuss with you Advocate Erdas Erbilen and your experiences with him, if you would be kind enough to respond.

Cheers

anomug

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
28/01/2009 23:32

Hi Simbas and all.



This thread was originally posted 12 months ago. Since this time thanks to everyones help.



our problems have been resolved (I think)



wyn

AlsancakJack



Joined: 14/08/2008
Posts: 5762

Message Posted:
28/01/2009 23:47

Wyn

It would be good if you (if you have now resolved your problems) would kindly post your experiences here so that others with the same problems would benefit from your knowledge.

Take care

AJ

Nunu1


Joined: 31/03/2008
Posts: 536

Message Posted:
28/01/2009 23:53

Here Here! Would be good to hear details of solutions of the complex property purchase and developers in TRNC!!!!



nunu1

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
29/01/2009 00:05

Aj,



I would be happy to advise anyone off board of our experiences. It was a long and tortuous path. However now having largely resolved our differences with our builder, out of respect for his business., I do not now consider a public forum an appropriate medium.



I would however advise anyone who is faced with irreconcilable differences with their builder, notification on a public forum is a better option than The TRNC legal system.



wyn



as always E mail information is available on Members Information details.

AlsancakJack



Joined: 14/08/2008
Posts: 5762

Message Posted:
29/01/2009 00:10

Good on you Wyn.

How ever you decide to share your experiences has got to be to the benefit of those that have problems.

Take care

AJ

karakum5c



Joined: 18/03/2008
Posts: 1021

Message Posted:
29/01/2009 00:32

I bought my apartment with no sea view and i now have one, others now dont.



A couple of my neighbours are now looking into a cafe which wasnt there before because the whole block has moved at a 45 degree angle.



This was all done by Cyprus number 1 builder and i have all the plans in front of me stamped and signed off by the authorities. As the builder said to me the drawings sometimes dont work out and with a big smile at me "look at the great view we have given you"!

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
29/01/2009 00:38

Obviously the original plans were just an "Artists Impression" Been there, got the tee shirt.



These guys are just a law until themselves. Would they survive in a civilised society?



Enjoy the view!!



wyn

Stubs


Joined: 01/07/2008
Posts: 641

Message Posted:
29/01/2009 00:53

Wyn



If your issues with your builder have been resolved than surely that is positive. With all the negativity around builders in recent times it would be good to publicise this.



By the way i agree that you have more chance of having success on a public forum than the TRNC legal system

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
29/01/2009 01:00

Stubs,



I speak as I find. I have posted a very positive update on our development.



I take note of Bradus advice, that it is unwise to say too much until you have completion,



and your Kocan. I will be more than happy to put a detailed positive report, when it becomes appropriate.



wyn

Tiggy


Joined: 25/07/2007
Posts: 1994

Message Posted:
29/01/2009 01:03

Wyn,



Glad to hear that you have soldiered through the difficult times. Hope you enjoy your Villa.



This forum is of great help to members.





T.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
29/01/2009 01:05

Tiggy,



Keep the faith. Blessed are the meek!



wyn

Stubs


Joined: 01/07/2008
Posts: 641

Message Posted:
29/01/2009 01:13

Wyn



Im glad you have resolved your issues. We to had problems with our builder however one thing i will say is that our builder took pride in what he had done. We resolved them even though he threatened to chuck us out our house. Which would have been acceptable if when he came he had all our money that we had gave him, in a bag. A couple of days later almost everything was resolved amicabley over a coffee and some Cyprus brandy. I will add that he went beyond what was in the contract and the afterservice we got from him was fantastic.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
29/01/2009 01:20

Stubs,



Good to hear. I hope that our final settlement can be accompanied by a fair few Efes.



Well done!



wyn