Is there any suing a builder in the TRNC

carol050560


Joined: 14/07/2009
Posts: 30

Message Posted:
14/02/2010 10:39

We need major repairs to our six month old property. The builder told our solicitor he will not do the repairs as he does not have the money ,although he is still building. The repairs will cost about £7k. Our solicitor suggest that we complete the work by using another builder and take "A construction" to court to claim the money back. This raises three problems, am I just throwing good money after bad ? We don't have our Title Deeds so how will we get them if we are in dispute with the builder? is there one honest builder in the TRNC who will repair our pool, water tank, and sewerage pipes and roof and not rip us off? I am not sure taking that "A construction" to court for failure to complete our house can't be that easy as in view of the complaints I read and the number of half finished houses I see in the TRNC then there would be a queue of builders outside the court in Girne every morning. I need to resovle this quickly as we have family and friends here all summer any ideas?

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
14/02/2010 11:24

welcome to the TRNC my friend...



Ask the ladies from AGA if you can successfully sue a builder in the TRNC.....

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
14/02/2010 13:03

I have exactly the same problems bar the sewage pipes, it`s the water supply pipes i`ve had to replace.

I`ve paid over 3000pds to repair things and they are fine now but am still faced with the cracked pool and have been fobbed off just the same by the best developer in Northern Cyprus.

My Solicitor has advised me to sue and wants 2000pds up front but i am thinking is it worth the trouble and expense and if i do win will anything be repaired?

It has also been hinted to me that i will have a long wait for my deeds, i guess because i have complained.

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
14/02/2010 13:07

RedSnapper, You would be better off putting the £2000 towards repairs, the builder has already said he has no money and it would be a long drawn out process taking him to court.

Aga Buyers A G


Joined: 04/10/2007
Posts: 488

Message Posted:
14/02/2010 13:15

Sue In their Mickey Mouse Courts, aided by their overcharging Mickey Mouse Lawyers = Yes



Win your case In The Mickey Mouse Courts presided over by their Mickey Mouse Judges = Possibly Yes



Get Any Money or Recompense from their Mickey Mouse Judgements/Memorandums = NO CERTAINLY NOT !!



ABAG

xxxxxxx



Do we sound cynical now ?

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
14/02/2010 13:29

I guess you`re right brit and when things turn better for me and i can save the money i will as it looks like i have no option.

jim80


Joined: 01/03/2009
Posts: 41

Message Posted:
14/02/2010 13:40

Name and shame the builder

hds.trnc


Joined: 26/05/2009
Posts: 175

Message Posted:
14/02/2010 15:15

Dont sue, use money to complete.....you make a good point re deeds etc....norman

karakum5c



Joined: 18/03/2008
Posts: 1021

Message Posted:
14/02/2010 16:17

Builder builds swimming pool --- it leaks--- thats the Cyprus way !



You pay swimming pool company to fix it---- thats the Cyprus way !









You want to finish your property properly--- you pay twice --- thats the Cyprus way !

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
14/02/2010 16:32

karakum5c/msg 2:



A succinct summary of the situation, Sir - you get my vote for 'Post of the Millenium'!

torres


Joined: 10/12/2007
Posts: 16

Message Posted:
14/02/2010 17:30

get a quote from original builder, pay him in agreed interim instalments (thru gritted teeth) as work progresses,that way work gets done in time,although youre still paying twice,you dont fall out with builder and eventually get your title deeds.

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
14/02/2010 18:06

mess 5 - From the horses mouth......

Aga Buyers A G


Joined: 04/10/2007
Posts: 488

Message Posted:
14/02/2010 18:12

'scuse us NN (hic) who are you calling a Horse (Mare)

xxxxx

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
14/02/2010 23:38

An Israeli mare?

cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
15/02/2010 08:39

You naughty ladies, how dare you be so cynical!!!!!!!!! LOLOL



Somewhere recently is a thread with details of the independant architechts ass.



Try this - Get a quote from them as to costs. Then advise builder, in writing that you have the cost and if he does not commence work in seven days you will employ another builder. He will say he will put an injunction on site to stop fresh builders, which he is entitled to do as far as I am aware. However if you do everything right then he should not be allowed to do so by judge.



Just a thought.



Alternatively, it is time we all clubed together and dealt with each of the builders that each has in turn. Surely there are enough of us now that some sort of action must be viable.

professoregit


Joined: 30/08/2008
Posts: 381

Message Posted:
15/02/2010 08:52

Is there anybody out there who has been through a similar situation and taken the legal route, won the case

and got compensated? This should answer the question and save you, me and others from wasting any further

time and money.

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
15/02/2010 16:27

Message 16

I've just come out the other end of Court action against my builder who would not complete my property until I paid him for extras that I had not agreed to. First of all I took out an injunction and then submitted my claim. As a result I now have a judgement for the builder not only to finish the house according to the original contract and a survey report, but also a much tighter financial completion programme all the way through to transfer. I didn't get any compensation, but felt this was more down to the lack of push from my lawyer. Had a very uneasy feeling that he had done a deal with the builder, but the process does make you paranoid. Was it worth it? I would say a qualified 'yes'. I'll give a more definitive answer once the work has been carried out and I'm the owner.

RedSnapper


Joined: 12/08/2008
Posts: 540

Message Posted:
15/02/2010 20:00

Would you be able to say how long it took you and how much it cost you greenman?

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
15/02/2010 22:38

RedSnapper,

About 18months and £4,000 lawyer fees.

If you can, do it. You will find the Courts are sympathetic. I had the Chief Judge Ilker Sertbay who was speedy but fair. You do need a lawyer whom you feel you can trust (not easy) and/or take a Turkish/English speaker with you. They can't translate during the hearing but will give another view out of court of what's been said. Your lawyer can of course tell you what he likes otherwise.

marcosthechef



Joined: 30/11/2009
Posts: 646

Message Posted:
16/02/2010 01:01

There are some good and trustworthy lawyers out there, I know thats hard to believe, but there are, Naomi Mehmet and Dervisha Cerkez are two who i know are good people and behave in a proper and appropriate manner. They are both women who can be trusted both based in Kyrenia.

Brinsley


Joined: 04/04/2009
Posts: 6858

Message Posted:
16/02/2010 04:27

A senior 'trustworthy' Advocate passed over a case file to a junior Solicitor who made a complete hash of it and consequently resigned his post. The Practice took no responsibility for the errors made by a former employee and even suggested to the client to locate the errant solicitor and sort the mess out themselves.

Great service!



Richard

Aga Buyers A G


Joined: 04/10/2007
Posts: 488

Message Posted:
16/02/2010 09:37

As for as North Cyprus is concerned



good and trustworthy lawyers = oxyMORON (s)



The latter part of the word certainly applies to OVERCHARGING, UNDEREDUCATED North Cyprus' MICKEY MOUSE ADVOCATES & LEGAL SYSTEM !



ABAG

Aga Buyers A G


Joined: 04/10/2007
Posts: 488

Message Posted:
16/02/2010 09:40

Whoops forgot to add to the



OVERCHARGING, UNDEREDUCATED the following KNOWINGLY DOUBLE SELLING, MISLEADING AND STALLING !

ROBIN HOOD


Joined: 26/05/2008
Posts: 238

Message Posted:
16/02/2010 15:30

Are we talking the famous "A Construction"? Serhat, Akif and Guntac? If so, don't believe anything. Absolutely nothing. It's a company which is only capable of lying. LOL = Lots of lies. I spent over 20 grand fixing the problems in my house. 5 Year guarantee? Don't make me laugh. The garden walls are falling down, the Kocan is the wrong one, the ground is not parcellised and many plots 6 out of 9 have been motgaged inspite of a) being registered at the tax office/land registry and b) the contract forbidding this. 6 Plots go under the hammer as of 1.4.2010. SUe them for breach of contract? Good money after bad if you ask me. Know any good hit men?

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
16/02/2010 16:08

Robin Hood, I'm very sorry to read that you have had such a bad time with your builder, but nowhere in your message do I read that you took your builder to court. The trouble is that so many messages appear on these boards saying what has gone wrong, but rarely about what action has been taken to put things right. Now you may have doubts about the legal system, but as one who has gone through it, I have found the system to be fair.

I am of course talking about the judiciary and not lawyers who have to be very carefully chosen.

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
17/02/2010 13:33

ROBIN HOOD



I thought the whole point of registration of contract and costs that ensued ,was to make such things as mortgaging of the plots mentioned impossible.

Did you inform the registry office and what was their reply.

quote-"The registration of the contract serves to protect the interests of the purchaser as it enables the Land Office to secure the title from encumbrances in the period between making a client’s application for permission to purchase and further transferring the title upon receipt of the permission to purchase permit. "



'secure the title from encumbrances'.

A mortgage is an encumbrance.

carol050560


Joined: 14/07/2009
Posts: 30

Message Posted:
22/02/2010 13:22

Thank you for feed back and in particular advice from Greenman, I have contacted the surveyer this morning and will be seeing him when I arrive in the TRNC in two weeks. What solicitor did you use? The builder concerned is Andelip Construction. Matters have turned for the worse as the pool has now cracked and all the water lost. I am looking at several thousand to repair so will see this through if there is any chance of reclaiming the money.

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
22/02/2010 16:34

Re Message 20



As far as I am aware, Naomi Mehmet does not take on court cases.



Message 27



Check your contract of sale and title deed. Andelip Construction are usually the developer, not the registered owner. You should ask your lawyer to do a search to first find out if Andelip have assets in their name before embarking on an expensive court case. If they have no assets take further advice from Marian Stokes.

breezyboy


Joined: 14/05/2007
Posts: 1179

Message Posted:
23/02/2010 15:36

There are 1001 reasons why you do not get everything finished properly by builders in TRNC.



You are left with evil feelings towards them when you should be enjoying your new property.

This is what we did during our first stay after handover in 2008.



We discussed and decided that the purchase price £xxxxxx was a good price and asked ourselves the question " would the price of £xxxxxx + £6000 still be reasonable."



We decided that it would be.



Having got some little bits & pieces done by the builder but with no chance of anything else, we estimated that this extra amount should cover the remaining problems plus a bit more.



That evening changed our thoughts and made us happy again and we still haven't got up to £6k (yet!)



We know it wouldnt work for those who have mega problems costing multi-bucks to sort out but thought that this little tale might help someone else to come to terms with their purchase.

nostradamus


Joined: 15/04/2008
Posts: 557

Message Posted:
23/02/2010 15:49

Speak To Celal at Ersem Trading (Alsancak) if you want repairs carried out. He is competent, reliable, speaks good English and is very good on prices. He has availability of labour for most things. His phone number is: 0533-8602754

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
23/02/2010 15:57

carol,

I've sent you an email.

greenman

carol050560


Joined: 14/07/2009
Posts: 30

Message Posted:
02/03/2010 18:29

Thank you all for your assistance with this. I am sorry Greenman I have not received an email from you please send again. Thanks Carol

carol050560


Joined: 14/07/2009
Posts: 30

Message Posted:
22/03/2010 10:12

I have just started the process of suing the buider and will keep everyone informed of progress and outcome. I have posted a new message today looking for a trustworthy surveyor or structuctural Engineer. I have spoken to our insurance company and a local pool company both of who'm have been very helpful and am meeting with our solicitor today. I did get some good advice from Greenman but have left it in the UK. If you pick this up Greenman please respond.

fiendishpaul


Joined: 18/05/2008
Posts: 1720

Message Posted:
22/03/2010 10:57

Breezyboy



Whilst I fully understand the logic behind your post, I find it a sad indictment of the 'buying' process in TRNC that you have to factor in x amount of thousands of pounds in addition to the purchase cost. The purchase price is exactly that and should deliver you a completed property. It is hardly suprising that the construction sector is on the bones of its arse when companies are allowed to get away with current practices. Until the government comes down hard on these highwaymen then nothing will change.

I am so glad that I decided not to buy and rented instead.



Paul

breezyboy


Joined: 14/05/2007
Posts: 1179

Message Posted:
22/03/2010 12:15

Hi Fiendishpaul,

I could not agree with you more but having got to the bang your head on a brickwall stage this was the best positive thought we could have.

We have since changed solicitors to one recommended through 44 and not received any answers to e-mails since last October. If we could stand a chance with this in court and also get our Kocan sorted then we would do so. But in the meantime the last two years have felt better because of our decision.

The contact and its price should be what you get and is in most countries but not in TRNC so maybe the warning to anyone wanting to buy is add 10% for contingencies and you will not be as dissapointed although you will still wait years for a Kocan.

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
22/03/2010 12:35

Hi Carol,

I asked Marian Stokes for a surveyor whose report could be used in court, and she gave me Mehmet Sungur.

He speaks good english and is based in Lefoksa (so he's not in the cosy Girne set)



Contact details:

email: mehmetsungur@mehmetsungur.com

Phone: 0392 227 3673

Mob: 0533 869 4003



Good luck

greenman

grahamf


Joined: 26/06/2010
Posts: 8

Message Posted:
30/06/2010 01:10

RENT BEFORE YOU BUY...... TATOO THIS ON BOTH ARMS.

I'm afraid thats the only way to get a feel of a place and learn the local gos as far a sthe cowboy everybodies excist, but do we listen , no we don't,

i'll give you my trnc lifestory in brief..

2006 daily mail, seaterra, travel up,inspection visit, half decide, see unwins, try andelip , off plan, 4 years later, no builder, half built site, unwins bye bye, 12k lighter, gerkin and herkin 1k more, to get him in court, still he haw, call it a day.....

so in a nutshell , wait wait wait and then bloody wait till you're 100% concrete sure its kosher then have a think.

ps

we're well travelled and not bitter , our favourite place to relax is in girne harbour around sunset with a cold wine and a smile .. because we won't let another persons greed spoil our fun. so getting wound up wont help your BP ..... take it from me i talk through experience...

Best Regards

Grahamf and mrs F

brightlights



Joined: 09/11/2009
Posts: 117

Message Posted:
30/06/2010 11:17

Carol, My husband has successfully worked a case through the courts against a builder and knows the ins and outs of doing it, including liaising with the Chamber of Architects, and he uses a very good lawyer, not one of the ones mentioned here.

However, because of the negativity of many contributors he no longer posts on the 44. You can reach him on elkin_tony@yahoo.co.uk if you are interested in knowing more about the process.



Kind Regards



Diana