URGENT_ Buying off plan goes badly wrong

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
14/08/2009 12:55

Hi all,

I'm interested in talking to buyers of 3 bed villas with own pool in Esentepe built by Aplan Uz and sold by Unwin Estates. If thats you, you will recognise the project if I say there are 21 plots on a hill side

at Estentepe overlooking the sea. Fantastic prosopect but after 4 years nothing has happened.



No, thats not true. 19 of the 21 villas are part built but 2 have not been started. Never the less your unfinished villa is in the same situaion as mine, partly paid for and possibly never will be built.



i've now instgated legal proceedings and would like to hear from any other buyers.

mail to info@johnpattison.co.uk

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
14/08/2009 13:35

Sorry to hear of your plight , is there any chance you can get together and finish off the project yourselves ? this has been done successfuly by other sites !!!

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
14/08/2009 13:42

good on ya John - best of luck old boy...

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
14/08/2009 13:46

What a shame for you and your family I know the stress this can cause, can I ask if Unwins are liaising with the builder on your behalf?



Vicki

Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
14/08/2009 23:03

John

Have you tried asking the HBPG to also advertise on their website for others involved?

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
15/08/2009 00:06

Please use the HPBG they will help you. We are in the same position but resigned ourselves as ors in UK awaiting trial xxGood luck

gates


Joined: 08/12/2008
Posts: 1096

Message Posted:
15/08/2009 10:43

I know the stress this has caused you but if this builder has done a runner or run out of money you are wasting more . a layer will take more money out of your pocket and will not be able to do a thing but give you fauls promises and make you fill better for a while . If you have not paid to much and want a property here find one you like with deeds and go in with an offer and try to consol your self this way . I know its hard but try and wipe your mouth and walk away . If this builder has done plans and permitions he has to finish it so beware of even more cowboys . There are plenty out here and some speak very good english regards kirk

Harvey


Joined: 01/10/2007
Posts: 40

Message Posted:
15/08/2009 11:37

Hi John



Have been trying to get hold of you for ages. Will e-mail.

elkiton



Joined: 15/03/2009
Posts: 514

Message Posted:
16/08/2009 09:54

Message 7, too much generalisation once again.....a good lawyer will tell you the options, the options, likelihood and probable outcome of legal action, and the approximate cost from initiation to completion of the legal process.

No two cases are ever exactly the same.

best regards

TonyE

Geejay


Joined: 18/04/2009
Posts: 475

Message Posted:
16/08/2009 10:13

Lilli is right. Go to see Homebuyers Pressure Group sessions on Tuesdays at Pia Bella Hotel in Girne. Marion Stokes or Mike Bezzant have a fund of knowledge in these matters.



Solicitors here have no duty of care (quote from their Bar chairman who also blames the Brits for not knowing the law)) and only seem to respond to questions. They are part of the problem !. Even if you win a court case there seems little ability to enforce a decision. In a civil matter the police are loath to act.

throstle


Joined: 26/05/2008
Posts: 85

Message Posted:
16/08/2009 11:30

Ivorbankloan

Were on same site, contact off board

bridgebirdie@msn.com

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
16/08/2009 12:53

Buying off plan.

Wish people would read threads like this and others and just dont do it . That way we wont need to read of the same things happening two years down the line.

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
17/08/2009 07:34

Unfortunate i know but after being convinced by the what was said to be a reputable estate agent that the builder was the biggest and best on the island plus we had a very good lateness penalty clause it seemed like a good investment.

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
17/08/2009 07:35

My fellow buyers have been down that route, its time for a new approach but thanks for tha advice

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
17/08/2009 07:35

According to Unwins this builder ( Alpan Uz ) is the biggest on the island and does a lot of work for the military. He hasn't exactly run away from his big house, American convertible and 4 garages but he has stopped answering his phone to me so i'll be paying a surprise visit if the response to my lawyer isn't favourable.

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
17/08/2009 07:36

Other buyers of this development have been down that route long before i even had the truth about whats going on. We'll now pull together on this and save some money compared to paying individually.

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
17/08/2009 07:36

Uwins particularly the owner Mark Unwin refused to help and don't answer any of my e mails. I wouldn't recommend dealing with them under any circumstances

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
17/08/2009 07:36

Thats the plan if other buyers are up for it and my Cypriot lawyer confirms its legal.

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
17/08/2009 07:36

Okidokey people I've read your comments and received several e mails and phone calls. Thanks for your input. it appears that other developments by Aplan Uz and sold by Unwin Estates are subject to very similar problems. It makes sense therefore that Aplan or his previous partner in this JV are unlikely to be able to repay our money even ir ordered to do so.



I'd like to make contact with all concerned quite quickly because I'm about to embark on another overseas project where e mail may be my only source of communication so i'd like to have contact details with me.



I have yet to confirm this but it may be posisble to seize the land and develop it using another builder under own own project management. I've managed bigger projects than this and would be willing to do this for our mutual benefit.



Due to the size of messages allowed here please mail me at info@johnpattison.co.uk for further comminication on this issue and any other that I may be able to help with.

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
17/08/2009 12:53

BUYERS OF THE ESENTEPE PROJECT FROM UNWIN ESTATES & ALPAN UZ

My first posting had a good response from a lot of disapointed buyers and gave me ideas on how to progress from here on.



Briefly, we seize the land weve jointly paid for and develop the site without Alpan Uz.

I await confirmation on how to seize the land legally but if it can be done legally I'm offering to project manage the completion personally.



Benfits ?

The 48% GP in each villa would be wiped out. That brings the price down to build cost hopefully enough to equal or better the the original purchase price.

I can only do the calc's after getting data from each of the 21 buyers but I'm confident the numbers will work. I do not want profit out of this so please don't bombard me with suggestive e mails or about that.



BUYERS please CONTACT me directly on info@johnpattison.co.uk I will need to know how much you paid to date, your provision to pay the balance and your thoughts on the entire concept

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
17/08/2009 13:42

"Uwins particularly the owner Mark Unwin refused to help and don't answer any of my e mails."



Oh, There's a surprise!

Aga Buyers A G


Joined: 04/10/2007
Posts: 488

Message Posted:
17/08/2009 13:56

lololololol

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
17/08/2009 14:55

I would be very surprised if the land is in Alpan Uz' name. It's never as straight forward as you think.

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
17/08/2009 23:00

nothing is now in alpans name he moved to his mother's ownership to avoid apying anyone.

I don't know about Cypriot law but in Uk, USA, UAE, etc the timing of moving the ownership is criticle, if tits that recent it can be over ruled.

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
17/08/2009 23:01

Glad to see you think its funny.

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
17/08/2009 23:16

Hi John (IvorBankloan) Agar Buyers are laughing at the comment I made...Not your situation. They know about the 'problems' I too have had with the same estate agent as you.



Vicki

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
18/08/2009 14:47

John



You're right - you clearly are not familiar with Cyprus laws. However, I'm not suggesting you quit for a minute but what you can achieve through the legal channels is very limited. The Aga buyers and other groups have made progress by refusing to be put off and by drawing attention to their plight. Hopefully, it will also help to deter any potential victims from dealing with such a terrible family.

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
19/08/2009 15:15

LATEST FEED BACK



Hi folks,

The (new) lawyer I have in Cyprus hasn't ruled out seizing the land but he has put forward comments that I've asked to be explained.



He said it would depend on Aplan Uz, his ex business partner and the outcome of the appeal.



That not only suggests the I need to wait even longer but also suggests I would need their approval to take over the site which isn't my intention.



I'll get clarification on this shortly but I think that after everything you people have been through and all the legal fees you must have paid and got no-where I shouldn't be wasting my time duplicating that. This is a new approach to an old problem.



I've also got things going on in London with so called experts in this field but I think the real experts are the readers of this site and that advice is free.

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
20/08/2009 17:09

Sorry to harp on about this but is is the only way forward.

I NEED CONTACT WITH OTHER BUYERS OF 3bed VILLAS IN ESENTEPE FROM UNWIN ESTATES & APLAN UZ

I have now confirmed that it is possible to seize the land but the cost and weight of the action would benefit from a joint action from all the buyers.

Can anyone advise on how I would get a copy of the judgment made aganst Alpan Uz after the claim against him by Mustafa Baykan his partner in Uz & Bay Investments Ltd.

I also need copies of any injunctions already on the land by other buyers to establish if they are on the development site or the individual plot and I aslo need to note the expiry of the latest injunction on the development site so that we can keep it renewed .

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
20/08/2009 18:17

Sorry to harp on about this but is is the only way forward.



I NEED CONTACT WITH OTHER BUYERS OF 3bed VILLAS IN ESENTEPE FROM UNWIN ESTATES & APLAN UZ

Sorry to harp on about this but is is the only way forward.



I NEED CONTACT WITH OTHER BUYERS OF 3bed VILLAS IN ESENTEPE FROM UNWIN ESTATES & APLAN UZ

I have now confirmed that it is possible to seize the land but the cost and weight of the action would benefit from a joint action from all the buyers.



Can anyone advise on how I would get a copy of the judgment made aganst Alpan Uz after the claim against him by Mustafa Baykan his partner in Uz & Bay Investments Ltd.



I also need copies of any injunctions already on the land by other buyers to establish if they are on the development site or the individual plot and I aslo need to note the expiry of the latest injunction on the development site so that we can keep it renewed

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
25/08/2009 13:36

Does anyone have a means of contact for Mustafa Baykan, partner with Alpan Uz in Uz & Bay investments.

Phone, address, e-mail, Hogwarts owl anything ?

elkiton



Joined: 15/03/2009
Posts: 514

Message Posted:
25/08/2009 14:44

Hi Ivor, you are asking some questions that your lawyer should be answering, do you have a competent one I must ask?

One good incentive for him / her is to work out a fee structure based on court expenses plus a percentage of the recovery, that is the way I am operating and so my lawyer has an interest in getting to the end of the asset seizure phase which could be another year on top of the court judgment you need.

For me the judgment is not enough, I need the assets seized and sold in order to recover my expenditure.

best regards

tonye

IvorBankloan



Joined: 14/08/2009
Posts: 180

Message Posted:
25/08/2009 16:11

Hi Tony,



No my lawyer for the purchase of this property is Munir Akil recommended by Unwin Esates both of whom wont respond to my enqiries which is why I have a different lawyer handling the recover of all monies.

He's just come in to the picture in the last couple of weeksand awaits a reponse from the same people. He'll probably go after Unwin first because It's common knowledge that Alpan Uz has moved his assests into his mother's name so we first have to know where my money is, Unwin Estates or Alpan Uz but I know it's not with Uz Bay Investments the Co formed by Alpan Uz and Mustafa Baykan to do develope Mustafa Baykan's land.



I also know that other Uz developments are suffering probably do to the money tied up in this development. Anything to do with him at the moment is under threat.



I did get a phone No for Mustafa so thats a start.