Specific Performance Law (SPL)

theoddmajor


Joined: 10/05/2008
Posts: 246

Message Posted:
08/08/2008 15:14

For what it is worth ADA TV yesterday interviewed Hasan Sungur, the Chairman of the Turkish Cypriot Estate Agents Union, about the state of the Industry in general and the SPL in detail. The questions put to him on behalf of the expat community living here, addressed the issue head on. Some of the questions asked were passed on by Sybil Hodge on behalf of people who have signed the SPL petition, after contacting her for your views. From my understanding, having just watched a clip of the interview, Mr Sungur blames the "buyers". There will be a special report next Friday in the Cyprus Star about the SPL interview, which TRNC property owners may be interested in. The interview will also be aired on ADA TV on Monday evening after the Turkish evening news.

McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
08/08/2008 15:16

Brian,



Welcome. Did you watch this on TV or via utube or similar. If via the computer, is there any chance that you could post the link?



MC

theoddmajor


Joined: 10/05/2008
Posts: 246

Message Posted:
08/08/2008 19:33

Sorry mate, no link as yet. Just watched a preview here at the ADA/Star offices where I work.



Brian

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
09/08/2008 18:11

Hi all



Thanks Brian (theoddmajor) for the info. I was asked by Cyprus Star about the petition regarding the specific performance law as Hasan Sungur was coming to their offices for an interview. I explained that the law is unworkable at present because in order to obtain specific performance (compel your vendor to transfer the title deeds) 1) You must register your contract with the Land Registry within 21 days of signing the contract and 2) An action must be instituted within 2 months from the date of the contract. This is unworkable because foreign purchasers will not even get their permission to purchase within 2 months and because if people are buying off plan, their property will not be completed within 2 months.



The petition to amend the SP Law (link here: http://www.ipetitions.com/petition/peti ... index.html ) was started prior to the introduction of the new estate agents law which does now give some protection for buyers. I believe the best course of action to protect buyers would be that the Specific Performance Law is repealed and then people can sue for their title deeds under Contract Law paragraph 76 with no restrictions or time limits. If this is done, this will get the confidence back into the contruction industry, thus improving the economy of TRNC.



I don't believe that many people are aware of exactly how this law affects them because 1) many people don't have their permission to purchase yet 2) many people are not at the stage of taking possession yet and have not encountered the problem of vendors refusing to hand over title deeds. 3) They have not been made aware of this problem by their lawyers, estate agents etc. As things go on, more and more purchasers will be affected by this unless the laws are changed, or foreign buyers will cease to exist in TRNC.



I'm not saying anything that the government don't already know. I hope at some point in the near future they will amend laws. I agree with Ismet and Northerner; I can't comment on something that I haven't yet seen or read. One thing for sure is: all groups/people need to avoid blaming each other and start working together to ensure they improve the laws/system to benefit the purchaser and the reputable developer. Obviously the unscrupulous developer will lose out but as they're responsible for dragging the reputable ones down, they will only have themselves to blame. The estate agents law is a step in the right direction, but it still contains flaws and loopholes. Any changes in laws should be made in conjunction with independant parties who know exactly what the problems are, ie; Marian Stokes, Ismet and myself if they want (although I am not as knowlegeable as the former) these are people who are willing to give up their free time to assist.



Sibel

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
15/08/2008 18:07

I've just read Hasan Sungur's comments and these are my opinions:



He says that "The builder wants to transfer the title but cannot do so until government gives permission" He states it is the government's fault that transfer of title is not taking place. However, I have spoken to many people at the HBPG surgery's (on tuesdays at Pia Bella 12pm - 3pm) whose vendor outrightly refuses to transfer the title deeds. And in my own experience, what Hasan Sungur says is not correct. My vendor, Lapis Development, has blatantly refused on several occasions to transfer the title deeds. I am TC and therefore am not waiting for permission to purchase. Not only are they refusing to transfer title for our property, but also for 2 family members as well. I have been blackmailed, threatened with violence, harassed, victimized because I want my vendor to honour their contract. As many of you know; Lapis are suing us for libel for advising people on this site of the problems we have suffered. If they want to sue us for libel; fair enough, but that is a separate issue to carrying out their obligations that they are contractually obliged to do. Yes, it is the governments responsibility to ensure laws are in place to force such a transfer when the vendor is unwilling to do so, but in this case and many others it is also the vendors fault and we need a system in place to enable us to get our deeds. The fact that we are having this problem only encourages me more to do all I can to try and get the laws changed for the better.



Also, Hasan Sungur mentions the Estate Agents law "completely protects" the customers. I also disagree with this because, although it is a step in the right direction, there are many flaws with it. One I have mentioned earlier in this thread; another is that it doesn't address the problem of forcing transfer of title deeds. Yes it protects buyers from vendors re-selling or re-mortgaging land once the contract is registered, but it fails to protect for previous mortgages already on the land prior to registration. And many people who have registered have discovered just that.



Regarding the Specific Performance Law, he adds that the buyers have "no risk". However, again I have to disagree. Until the SPLaw is repealed, we cannot sue for title deeds, which as we all know means that thousands of us have paid in full for a property which legally we don't own. This in turn means we could possibly lose our life savings. Isn't that the biggest risk of all?



Hasan Sungur also states "I think the information given to the customers is wrong propoganda. They are very safe" But again, I would have to disagree - Even as a fellow Turkish Cypriot, I've never felt so vulnerable!



Until the system/laws are changed the construction industry will continue to take a downturn, more so now with the knock on effect of the credit crisis. In order to restore confidence and boost the industry and economy; radical changes need to be made fast.



I have been asked by Cyprus Star to appear on their TV programme next week regarding the SP Law. Watch this space...



Sibel

The butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
16/08/2008 12:14

Hi Kibrissibel,



Whilst I applaud all the hard work and effort you are putting in to change the specific performance law, writing in the Kibris Star and appearing on Television. My concern is that both these media outlets are owned by Mr Ali Safa, who is owner of Medview Homes. Medview Homes has a long history of not giving their purchasers title deeds or getting parcellisation done. Mr Safa has mortgaged the land that our bungalow stands on at Esentepe, after we purchased. His service charges are extortionate and if you refuse to pay them he will not allow you to have water which you have to buy from his Water company. I realise that any publicity is good but I just wish it could have been done without getting involved with this hypercrite. I do not expect a reply as I know that anyone who works for Mr Safa in any shape or form, is not allowed to critisise either Medview or the TRNC.



The Butler

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
16/08/2008 12:23

Can you just have a seperate water tank then you can buy in youre own water ? re his mainenance fees as all owners own an equal share of the complex can you not get youre own maintenence company in ? do other owners feel this way ? or are they willing to go along with bully boy tactics .

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
16/08/2008 13:50

The Butler - I only worked for Cyprus Star for 3 weeks, choosing to leave shortly after I started. I don't know what their motives are for covering this story, but my main aim is to get as much publicity about this as possible. In my opinion, if you have paid for your villa in full, you shouldn't be in a position where there is an outstanding mortgage on the land. These are the types of problems that I'm trying to raise awareness about, in the hope that something will be done to change them. I can only try.



I sincerely hope you get the mortgages lifted asap.



Sibel

The butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
16/08/2008 18:11

Hi Kibrissibel,



I thank you for your response and I wish you every success in your struggle to be heard. I take my hat off to you and Marion Stokes in your fight for justice. I wish more men would take up this challenge with the same spirit and passion that you have shown. It must be doubly hard for a woman to be taken seriously in a muslim country, so good luck and my best wishes.



The Butler

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
16/08/2008 19:46

Well said the butler .

cocos


Joined: 04/04/2008
Posts: 129

Message Posted:
16/08/2008 20:34

I also applaud Marian, Ismet, Sibel for trying to do something worthwhile. We all need to support them and stick together. There must be thousands of people with no deeds, mortgages on property they have fully paid for etc and we all need to stand up and support the people who are trying to make changes for all of us and stop this happening to others.

The trouble is the government cant see further than the end of their nose. Which sadly seems to be a TC mentality. The fact they've been in isolation for so long is no excuse. We all know about the new bullying tactics being employed on a regular basis now by builders etc. The government are aware of these offenders they have the PCO complaints to prove it but they are doing absolutely nothing about it. The construction union are doing nothing about it. The estate agents union are doing nothing about it. It's disgusting and it should be made public.

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
16/08/2008 20:55

we have all put a great deal of money into the TRNC and this is the way we are treated , can they not see that people are wary now , which in turn means less coming into the economy , buidings, taxes , emplyoyment etc , have they got no forward planning in mind , strange bunch .

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
18/08/2008 17:26

VERY IMPORTANT! PLEASE READ:



I have had a call from Cyprus Star regarding the TV programme and the petition to amend the SP Law. Marian Stokes is appearing this week on their programme and I will appear next week. At the bottom of Marian's interview this week they will add a section about the petition and calling for more signatures before the petition is presented to the government next week. But currently there are only 846 names, which to put it bluntly, is a very poor show considering this affects thousands of buyers past and future. WE NEED AS MANY SIGNATURES AS POSSIBLE BY THE MIDDLE OF NEXT WEEK IF WE ARE TO SHOW THE GOVERNMENT THAT THIS IS A BIG PROBLEM FOR BUYERS!!!!!!! For the thousands of people without title deeds; please sign. For the few that do have title deeds; please sign to make the system better for everyone.



here is the link:

http://www.ipetitions.com/petition/peti ... tures.html



Whilst I believe that it is better that the law is repealed, this is the only way at the moment to show the precarious position of property buyers here. There is strength in numbers. Instead of moaning about the system, lets all come together to show our feelings.



Sibel

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
19/08/2008 21:34

Excellent interview by Marian on AdaTV last night. It can be seen by clicking on this link http://adatv.tv/eng/ and clicking "dispatches." Please support those who are trying to bring postive changes for all buyers here and sign the petition to amend the specific performance law ASAP:

http://www.ipetitions.com/petition/petitioncyprus/index.html



I have sent an email today to estate agents and lawyers calling for them to sign the petition. Tommorrow I will send it to the lawyers. I believe it is in their best interests to bring about contructive changes to protect buyers.



Sibel

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
20/08/2008 15:54

From Ismet:

Tonight's guest on Ada TV at 8 pm is Advocate Arif Tahir Erisen. His English is good and he has good knowledge on property matters. His office is in Famagusta and thus we often exchange views on the subject. It should be a very useful programme, worth watching.

ismet





PLEASE KEEP SIGNING. WE ARE RUNNING OUT OF TIME TO COLLECT SIGNATURES!!!!

If anyone is having problems signing please email me and I will do it for you. My emai is sibellehodge@hotmail.com if you wish to remain annonymous please let me know



Sibel