Leading Estate Agents. DO THEY UNDERSTAND THE ESTATE AGENTS LAW?

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
14/05/2010 20:06

Should a leading firm of Estate Agents fully understand The Estate Agents Law?



I asked the question, but I was told if you can get answers please let us know. It would let us explain to our clients.



Now, HOW THE HELL can they claim to be professional, whilst they claim to be operating within the laws of the TRNC.



when they do not understand the ramifications of those laws on their clients.



I KNOW that at least 22 of their clients have had ,memorandums attached to their kochans (which allows for their homes to be



sold to) pay off the developers debts.



The advocates disagree. Does a registration overule a memorandum? No one seems to know? Ismet (bless him) takes the



view that registration outranks a memorandum. I am inclined to his view. It would be subject to an appeal to The President of



The High Court. WHAT SORT OF A LEGAL SYSTEM IS THIS? Justice on the hoof?



Should you buy in the TRNC?



Bradus is right.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
14/05/2010 20:14

No one should buy in the TRNC until the laws are past that protect the purchaser.



The position is, as things stand, little more than a thieves charter.



I have deliberatley left out The Estate Agents name. Can you guess? I do hope that the Directors respond to this posting, outlining



how they see the morality of taking substantial fees, knowing thst their clients are at the mercy of a less than adequate



legal system. IT IS SHAMEFUL! Over to you Mr President!



wynyardman

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
14/05/2010 20:17

got a case going on at the moment and will be testing exactly that pont does registration overule a memorandum: Apparently not even the courts are sure. The registration was to apparently to stop the mortgages by banks and memorandums hadnt come into the equation!



Working within the laws of TRNC seems to be a minefield even for those working it! We shall see the outcome of the case as to which takes precedent interesting as you say it will probably be subject to an appeal to the high court

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
14/05/2010 20:20

eaoe, Appologies. Past should read passed Its all the excitement!



wyn

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
14/05/2010 20:26

honestie,



Hell of a monika that for someone dealing with The TRNC legal system.



What is the timescale? Anything we can do to help? Brave!.......very Brave!!



wynyardman

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
14/05/2010 20:49

Its taken me a long time to understand the legal sysem and just when I have done the solicitor hits me with something else. I do have acess to some legal brains over here and frequently check the advise I get.

Im from a legal background myself but it still takes some understanding here in the TRNC.



When you buy and consider yourself to be intelligant taking as many precautions as you can thinking the law is there to protect us we soon realise when we need to use it it isnt.



The government know exactly what is happening but arent interested . If the legislation had been passed for it to be a criminal offence to not hand over the title deeds once all monies had been paid and owned it then a lot of these problems may not have occurred. The banks knew when they were lending money that the land had been built on and been bought but didnt and dont care who suffers.



timescale shouldnt be too long and not really brave just wont give up

newlad



Joined: 02/03/2008
Posts: 7819

Message Posted:
14/05/2010 20:55

Hi Wyn,

Good to see you posting,through clenched teeth, which is very understandable my friend.We have been really lucky with our purchase thus far.But as the saying goes its not over till the fat lady sings,

Paul.

Brinsley


Joined: 04/04/2009
Posts: 6858

Message Posted:
14/05/2010 21:09

Welcome to bandit Country!



Richard

newlad



Joined: 02/03/2008
Posts: 7819

Message Posted:
14/05/2010 21:15

Time to bring that three legged donkey out of retirement,

Paul.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
14/05/2010 21:42

Paul,



You are right. I'm hopping mad!



wyn

BillyB


Joined: 19/05/2008
Posts: 436

Message Posted:
15/05/2010 10:35

Is it Unwins?

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
15/05/2010 10:45

msg. 1

Just one small correction:

If the vendor is willing to transfer the title deeds to the buyer but the Land Registry refuses because of a memorandum on it, the vendor and the Buyer should appeal to the prersident of the District Court (not the High Court) to overturn the decision of the Land Registry office and allow the transfer to go ahead.

ismet

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
15/05/2010 11:01

msg 12



could I avoid a subsequent court case for breach of contract for failing to transfer the title deed if my vendor states he wants to transfer but cannot because of the memorandum.



And would that have to be in some form of legal document to my solicitor stating that he wishes to transfer.



And what if the president of the District court desnt overturn a decsion is there any furthe legal route to take



Many thanks for any information as any little helps

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
15/05/2010 12:25

You can download a copy of the Estate Agents Law from this page: http://www.hbpg-trnc.net/forms.html

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
15/05/2010 13:25

msg. 13,

Honestie,

If the vendor is not playing games with you, he should go to the land Registry and fill in the necessarry forms to transfer the property into your name. If the land Registry refuses because of the memorandum, the vendor or you or jointly jointly should appeal to the president of the distrişct Court. If the president rejects your application, you should then appeal to the High Court to overturn this decision.



However, if the vendor refuses to go to the Tapu (because of the memorandum) then you know that he is playing games and your only chance is to sue him for compensation for breach of contract and/or for specific performance to get an order from the court to transfer the title deeds into your name. The second alternative is far more complicated because of the specific Performance law and how valid it is under the circumstances.

ismet

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
15/05/2010 16:43

thanks Ismet you have answered my question as I thought it may be. Yes I think I know he is playing games but just to be sure will ask my solicitor the question although I think the proceedings have just started for breach of contract and from what my solicitor has told me about how complkicated it is. I must just check with my solicitor that the vendor has refused to go to the tapu because of the memorandum but I think I already know the answer .



I appreciate your information and I presume, hopefully, that my solicitor has already gone down that path and thanks once again for your advise

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
15/05/2010 18:19

honestie - have you sought the advice of HBPG?



At least they'll be able to tell you whether, or not, your advocate is worth 'powder and shot'.



An advocate can keep on keeping on playing on your confusion - very expensive 'games', I can assure you!

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
15/05/2010 18:43

thanks and yes good word confusion goes well with expensive but although have started the proceedings Ive learned not to put money up front so will see and thanks

AnthonySmith


Joined: 14/05/2009
Posts: 455

Message Posted:
15/05/2010 19:30

The majority of estate agents, advocates and builders don't want to understand any of the laws here because it would make them accountable. God help them when we become properly part of Europe.

The problems here are manifest.

However, the property problems are just as bad in the South. They are being forced to take action now. The courts have to bear in mind European case law, not just Cypriot case law.

sen61


Joined: 28/04/2010
Posts: 9

Message Posted:
16/05/2010 15:49

have just been advised to put an order to stop an auction and then go to court to try and get a declaration that i am the owner of my property and lift the memorandum placed on the land. What chance is there of actually achieving this. I have been told to act fast. I need to make a decision by tomorrow.





Confused.... but will add that 2 different lawyers have told me that the new law offers no protection from memorandums

LOvegod


Joined: 22/03/2009
Posts: 161

Message Posted:
16/05/2010 16:01

why not ınsıst that the tıtle deed be made over to the solıcıtors who can then hold ıt ın trust untıl the ptp arrıves ?

Ozbey


Joined: 04/03/2009
Posts: 304

Message Posted:
16/05/2010 16:17

Msg 21,

Sounds like a good suggestion. I can see two problems though:



1. Transfer fee (3% or 6%) would have to be paid twice, although possibly avukat could transfer it on to you for a nominal very low sale price, therefore very low transfer fee.



2. You would have to have total trust in the integrity of your avukat - Yeh, forget it. I thought your idea sounded too good to be true!



Regards (and appologies to Mrs Elko2),

Ozbey.

keithcaley



Joined: 13/06/2008
Posts: 2521

Message Posted:
16/05/2010 16:23

Ozbey,

I didn't see that this question had been asked on two separate threads, and I also answered it here: - http://www.cyprus44.com/forums/30245.asp - msg 118

How do you like my alternative?

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
16/05/2010 18:17

'why not ınsıst that the tıtle deed be made over to the solıcıtors who can then hold ıt ın trust untıl the ptp arrıves ?'



cough,splutter,*"!*^!>!!!splutter***!!!---

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
16/05/2010 19:29

msg. 21

Sen61 wrote: "Confused.... but will add that 2 different lawyers have told me that the new law offers no protection from memorandums "

Is that all? I bet I can find you a dozen of those advocates with the same view.

In a recent libel case I read the pleadings of a "leading" advocate from Girne who summed up the meaning of the words he complained about without giving the actual words (ad verbatim). This is the very basics of the law. The more I meet these youngish but over-inflated advocates the more I despair! God help those who expect justice from them.

ismet

sen61


Joined: 28/04/2010
Posts: 9

Message Posted:
17/05/2010 00:03

msg 25.



I asked 5 different lawyers Ismet, only 2 gave advice that mirrors your own. With an auction being planned as i write, an order to stop it, i now believe is the only way forward at the moment. But i am also very aware that if i start litigation it could be a long and expensive road.



I could sit back and wait for the auction date, and hope that the registration protects us but who will be looking after my interests, not the creditor. his lawyer or the Tapu Office.



Still undecided

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
17/05/2010 20:26

Sen 61,



The best legal advice considers that a court would consider you the Beneficial owners of the property. This judgement



would protect you from any further "memorandums" including that already attached, and any further encumberances.



I know the confusion caused by all the differing legal advice, but I think that you should take note of Ismets advice.



Honestie, would you please contact Sen 61 (I can supply) she needs to touch base with you.



Good luck. You need to make a decision, but you have the best legal support.



wyn

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
17/05/2010 20:31

what a nightmare for ypo all in this position, what faith can anybody now have here. good luck and i hope justice prevails xxx

sen61


Joined: 28/04/2010
Posts: 9

Message Posted:
18/05/2010 15:31

Thanks for your advice and comments. I do not get a lot of time to spend on cyprus44 forum but i will keep you all updated on my case in the hope that it may help others.

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
18/05/2010 16:17

Our landowner is Hasan Sungur - PRESIDENT OF THE ESTATE AGENTS UNION. Chairman of the Employers Union etc etc etc.

But I have waited 4 years for my house to be finished on his land.

- After 3 years we found out that there is not contract signed by the Landowner - Hasan Sungur. He did not sign the contracts and he wrote the law in 2008 relating to Landowners signing the contracts.

- He allowed the builder to build on the land with no building permit.

- The builder built on the mountainside without retaining walls so guess what happened in the winter!!!!

He has he done nothing about getting us our house.

NOW TELL ME - what was you questions again????