Ismet....We need you help yet again.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
27/05/2008 20:53

Elko,



Many members of this board have put up with considerable abuse from their developers when they ask for their contractrual rights, under their Penalty Clauses.



In almost every instance they have paid their Stamp Duty and lodged their contracts with the DLO.



Invariably the developers say they will not hand over the keys (or change the locks)



They then threaten legal action and point out that under TRNC law, that they can drag out any legal proceedings for years.



Could you (OUR SAGE OF FARMAGUSTA) please advise people of their rights under TRNC law, and the likely implications, as to delay etc.



It is shameful that many of these thoroughly decent people are scared to shame and name their developers, because of the potential consequences.



THE TRUTH WILL SET YOU FREE.



Yet again I will be indebted for your advise.



wynyardman



PS This DOES NOT apply to all developers in the TRNC!

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
27/05/2008 22:58

Hi Wynardman,

Will be very surprised if Ismet (Elko) does not come back to you with the words 'Specific Performance Law'. Unscrupulous developers use this law legally to their advantage. Amending this law is the key to unlocking the problem.



I hope Ismet will not mind if I copy and paste a previous answer from another message board on 28/07/07:



"I have no wish to discourage anyone from applying to the complaints board but what is the whole point about it? What do you expect from them?



The bad builders/developers have to be dealt with through the courts if only the laws are right. Sorry, they are not right and your contracts are hardly worth the paper they are written on. Why?

1. The newly passed Registration of Estate Agents Law is not functional yet beause the bylaws are not in place. This law gives the buyer some security by registering the Sale Agreement with the Land Registry.



2. The Specific Performance Law. As long as this law is not amended, you cannot sue a builder for title deeds. so what is the point of complaints or anything else?



I think people should put their effort in the right direction if they want results. Filing a complaint is just waste of time because it will not yield any results. If you ask me, the goverment have no clue what to do, they are just playing for time, pretending to be doing something."

ismet

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
27/05/2008 23:04

Thanks mate for the kind words. I have stated on many occasions that once you have registered your contracts you are on sound ground. Unfortunately we still have the Specific Performance law which prevents the buyers from suing the developers for their title deeds but they can sue for compensation.



If you have a good advocate (not one of those copy and paste types), it could be all over within a couple of years. I had a personal case which I followed through personally very diligently and it lasted exactly 10 years but that was of exceptional circumstances and it included three separate suits, numerous injuctions and applications, bankruptcy proceedings against a person and a company and two appeals to the High Court. It was as complicated as you could get and at the end of ten years the culprit had to borrow money from a bank and pay me in full in cash. Otherwise his property which he had transferred to his brother would have been sold at auction for my benefit.



So it can be done but please consult people in the know before finding the right advocate. I see only too often how people recommend lawyers based on all sorts of reasons. My feeling is that it is about time you stood up for your rights.



Good news. There are some proposals for a change in Civil Proceedure Rules which is likely to be put into operation this coming September. It is planned to give the judges greater discretion and give them the full control of the cases similar to changes that have been carried out in UK recently. Its main aim is to speed up the process and not allow any delaying tactics by the advocates.

ismet

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
27/05/2008 23:16

Ismet,



Yet again, we are indebted to you. I am sure that your advice will be of comfort to some genuine people who feel that they have there backs against the wall.I for one will certainly be following your advice, in the absence of an amicable agreement.



wynyardman

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
27/05/2008 23:50

Elko,



Sorry, but could I trouble you with an item requiring clarification?



Say...hypothetically my contract was 6 months overdue at a monthly penalty rate of

£500 pcm ie. £3000.



Would it be possible to pay your builder in full, take posession of the villa,and sue for the penalty retrospectively,



Thanks in anticipation,



wynyardman

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
28/05/2008 00:13

Re. msg.5

Yes you can.

ismet

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
28/05/2008 00:16

Cheers Ismet,



That is very good news indeed.



I guess I owe you many Efes when we eventually meet.



Thank you,



wyn