Help ! Reliable Lawyer Needed

dataman


Joined: 14/06/2010
Posts: 61

Message Posted:
16/03/2011 09:12

It's the same old problem, does anyone know of a reliable lawyer I can use to assist in me getting

my builder to release the Kocan ?



My current lawyer is useless.



Dataman

crofter


Joined: 16/12/2008
Posts: 1035

Message Posted:
16/03/2011 09:18

Naomi Mehmet......contact details as above on the banner.

walkerscott


Joined: 13/08/2009
Posts: 901

Message Posted:
16/03/2011 09:20

This sort of fraud is one of the most frequent complaints. Unfortunately, redress is difficult to obtain as property fraud in Cyprus is a civil rather than a criminal offence and does not warrant an automatic police investigation. Aggrieved buyers are therefore forced to take out long-winded civil actions or private prosecutions and judges are proving reluctant to find in favour of plaintiffs.

Lawyers love such a situation as it brings in work and much income!!!



http://www.no-deeds-no-money.moonfruit.com



I can recommend the following Lawyers: ................ .................. ................... ...................

stevo-london


Joined: 23/10/2010
Posts: 253

Message Posted:
16/03/2011 09:50

Hasan Dagli 0533 841 0676

jardap


Joined: 08/08/2008
Posts: 318

Message Posted:
16/03/2011 12:47

i agree with message 2 Naomi Mehmet

dearie


Joined: 08/03/2011
Posts: 142

Message Posted:
27/03/2011 19:35

Alessina Critchlow above Cassini sandwich bar at Karakum - English trained and qualified lawyer

hıllsıde


Joined: 24/03/2011
Posts: 294

Message Posted:
27/03/2011 19:40

esra bılımer.

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
27/03/2011 19:52

Mentish Aziz he is the best x

hıllsıde


Joined: 24/03/2011
Posts: 294

Message Posted:
27/03/2011 19:55

he ıs 2 expensıve lıllı

me-style


Joined: 03/08/2010
Posts: 150

Message Posted:
27/03/2011 19:58

Naomi Mehmet, ask for Debra

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
27/03/2011 20:14

agree with many of the others - Naomi mehmet is the best.......



a beg nick 10 / 10 .................

Tootie


Joined: 28/08/2008
Posts: 2037

Message Posted:
27/03/2011 20:15

Is the problem with the builder or the Lawyer?

Does your builder not have the money too pay the tax/kdv so you cant transfer?

Do "you" have contact with your builder ? Does your lawyer have contact...

flightholiday


Joined: 19/07/2007
Posts: 3217

Message Posted:
27/03/2011 21:22

Ask Ismet (Elko2) his wife is a very able and honest Advokat

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
27/03/2011 21:27

mess 13 - isn't that an egg based drink - drunk around christmas ????

Money


Joined: 02/06/2011
Posts: 5

Message Posted:
23/06/2011 09:45

We Payed for Naomi Mehmet fours years ago only to see her in person this year ,( A standing conversation ) We have had more disputes in the office than enough, Only to go to the land regestry are selves in the end and get are own Land deeds by paying the builders tax for him, , Now we find out we need Deeds for the Villa ,Parcelisation of land (Help) The builder is now liveing in Uk . Why was we not told this in the beging ? And that Naomi dose not deal with this, Good soilicitor???

yorgozlu



Joined: 16/06/2009
Posts: 4437

Message Posted:
23/06/2011 09:53

The english language level is just funtastic.........



and.......some have the sheek to critisize mine!



bos pais reh kumpares!!!!!!!



gala?



essegin gotunu yala.

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
23/06/2011 10:33

...jai meelas Ellinika re kumpare - poli excipnos - ethikos mastros, Yorgo!



Gia sou! [In Maori 'Kia ora!']

yorgozlu



Joined: 16/06/2009
Posts: 4437

Message Posted:
25/06/2011 00:48

........den ksero ellinika mono kypriaka!

phylray



Joined: 21/09/2007
Posts: 1727

Message Posted:
25/06/2011 00:51

Naomi Mehmet, but I have found Terry Hamilton to be also very good.

nostradamus


Joined: 15/04/2008
Posts: 557

Message Posted:
25/06/2011 07:47

I think that the recommendation of lawyers here is a fraught subject. You will get recommendations certainly, but a lot of these are by people who have had straightforward transactions dealt with by their advocate. A lot of these recommended lawyers will disappear from view when the going gets tough - they want easy money for churning out simple work. Lilli recommends Mentesh Aziz and the immediate reaction is 'oh but he's expensive' - a typical reaction on this forum frankly! Mentesh Aziz is a UK barrister so why would you expect to get his services for a cut price? There is a saying that you can't get a Rolls Royce for the price of a Ford and this is as true in the legal profession as in any other. I would rather pay more money to somebody who is well qualified, very experienced and (here) with a wealth of good connections and who will not run a mile when difficulties arise!

misunderstood


Joined: 08/04/2011
Posts: 1004

Message Posted:
25/06/2011 08:02

Well said nostradamus, I do think though that the Advocates here put rather a high value on themselves when you consider their lack of experience. When you take into consideration one day they are doing criminal work and the next conveyancing, the next civil work. There seems to be no specialists, just Jacks and Jills of all trades within the legal system. Also of course, there are a lot of Advocates vying for your trade, so why aren't there some deals out there?

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
25/06/2011 14:16

Thousands of buyers are in the same position as yourself. Walker Scott points out why this particular "fraud" is difficult to deal with. In truth you are in a difficult position, even with an effective advocate, because the builder has NO legal obligation to handover the title deeds. So you can pay for an expensive advocate who will do their best to liaise with the builders and his advocate but the results will still be dependent on the goodwill of the builder. Is it possible to talk to the builder in an attempt to establish exactly why he refuses to handover the deeds? I don't wish to worry you but have you been to the Land Registry and checked that there is no memorandums or mortgages on your property? All building regulations have been approved? This appears to be one of the main reasons for not transferring deeds?



The other common reason is simply to extract more money, often the favourite request being that you pay the builders taxes.

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
25/06/2011 14:29

Rather than pay an advocate to initially act purely as a mediator, it might be a good starting point to dismiss the above before you even contact an advocate. When you have the above information you can then make an informed decision as to what your best option is. You do not necessarily need an advocate for the transfer of deeds you can make an agreement with your builder to go to the Land Register Office and TOGETHER transfer the deeds PRIOR to you handing over any monies. This could be done with the help of the HBPG.This way you will save on legal fees but unfortunately will have been "blackmailed" into paying more than your contracted price. However once you have your deeds at least you can be assured that no memorandums can be placed on your property.



Obviously this is not the news you hoped to hear, but your problem demonstrates the risk involved in buying in the TRNC, how ineffective the law is and how vulnerable to exploitation one is.



Good Luck.

bigOz


Joined: 29/09/2010
Posts: 1244

Message Posted:
25/06/2011 14:33

I do know of a very good - reputable lawyer who is very persuasive with the judges (specializes in property deals as well) and a good friend. If you send me a brief account of your problem to turkishlessons1to1@yahoo.com, I can then refer the matter to him and see if he is willing to take on the job (he is not expensive either).

meralyil


Joined: 08/07/2010
Posts: 150

Message Posted:
25/06/2011 22:07

Emine Dağyaran

Call:0542 858 06 51

ethan11


Joined: 06/06/2011
Posts: 5

Message Posted:
19/09/2011 14:53

Hello Dataman,



I am sure that you have got a good and reliable lawyer for yourself. I read your discussion its really helpful to others facing the same problem.

ranas


Joined: 13/09/2011
Posts: 115

Message Posted:
19/09/2011 15:22

BHLEX Law and Consultancy Bureau. Contact us on 815 7040 for honest and prompt services. (Özge Bengüsu & Terry Hamilton)

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
19/09/2011 16:54

We have just got our Kocan secured, in fact only last week, so if Peyman Erginal can do it for us she can do it for you.



Peyman Erginel

Advocate

POBox 122,

16, Mustafa Çağatay Avenue

Kyrenia

via Mersin 10 Turkey

Telephone: +90 392 815 55 50

+90 392 815 26 55

Facsimile: +90 392 815 49 00

Email: peymanerginel@gmail.com

karakum5c



Joined: 18/03/2008
Posts: 1021

Message Posted:
19/09/2011 17:22

crack out the champagne !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

scruff


Joined: 15/07/2008
Posts: 1070

Message Posted:
19/09/2011 17:33

As Bradus says in msgs 22 & 23, IF THE LANDOWNER DOESN'T WANT TO TRANSFER THE KOCAN THEN IT DOESN'T MATTER WHO YOUR LAWYER IS OR HOW GOOD THEY ARE, THE COURTS CANNOT MAKE THIS HAPPEN. If the landowner knows that he can in law hold on to the kocan & the land & also your house built on his land forever & he is dishonest enough to do this & the Law allows him to do this, then why oh why should he transfer title deed ?

I am sorry to appear to be shouting, but this board does not have a bold facility to emphasize something. It seems that so many do not read other people's postings, BEFORE they post.

I have waited nearly 10 years for Title deeds & have also been to Court to sue for compensation. Still no deeds or awarded compensation.

With all the will in the world, it doesn't matter if your Barrister is UK. qualified (mine was) if the law allows the Landowner to do this, then it really doesn't matter which advocate you use, does it.

So Britvic et al, you are clearly not in this position

scruff


Joined: 15/07/2008
Posts: 1070

Message Posted:
19/09/2011 17:38

And btw. You are all singing the praises of Naomi Nehmet whom I know for a fact, will not deal with this sort of dodgy case at all. She's far too busy making money with the easy stuff.

Ask Peyman Erginel how far she has got with similar cases to the one being outlined. ie. TC Landowner has no intention whatsoever of transferring title deed, even if the buyer pays his taxes as well.

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
19/09/2011 18:02

Scruff, you are absolutely on the ball, if the landowner/builder will not transfer the deeds no Court in the land can make them do so.

Our Advocate had to go through relentless negotiation with the landowner and his 'team' of Advocates, it took over a year but she got there in the end.

I have to place a further warning, make sure when going to ANY Advocate that you get clear instruction on the fees, most are asking for 3-5% of your contract price plus Court costs.

scruff


Joined: 15/07/2008
Posts: 1070

Message Posted:
19/09/2011 18:26

britvic

Thanks for your confirmation that what I'm saying is in fact true. Like many things TC, many, if not most expats will not believe that this could be true. It just sums up the appalling law here, that you can sell land or property but then not transfer the paperwork that makes your buyer the legal owner.

Of course TCs don't get into this mess because they don't need PTP, so there has never been a law to protect them. So they can go along to the Tapu & ensure that deeds are transferred..... before any money is paid. This is the same scenario as in the UK.

Difference is that in the UK. you don't need PTP. The laws here don't afford any protection to anyone who needs to get PTP, any one but a TC.

If you don't pay for your house before you get PTP, then it will likely be sold to someone else. Your PTP is worthless for any other property, so you'd have to start all over again.

If you pay up front as everyone does, then you can be legally fleeced by an unscrupulous seller.

ct

scruff


Joined: 15/07/2008
Posts: 1070

Message Posted:
19/09/2011 18:29

ctd.

The whole thing is just a vicious circle.



Finally, britvic, you say that in the end your advocate negotiated a settlement with the landowner after 1 year.

Given the existing lack of law, I'm somewhat surprised that any landowner, unless he's a saint, should ever transfer a kocan at all. Why this change of heart ??

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
19/09/2011 18:42

Hi Scruff,

Can't answer that, all I know is that he wanted compensating for the two villas that never got built and where part of his payment for the land, the builders have now gone belly up (Armacon).

scruff


Joined: 15/07/2008
Posts: 1070

Message Posted:
19/09/2011 18:46

So who is now paying the landowner his compensation, if Armacon, the builders have now gone belly up ???

britvic



Joined: 05/09/2008
Posts: 3039

Message Posted:
19/09/2011 18:50

We have paid it, that's how we got the Kocan.

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
19/09/2011 21:17

Britvic



Thanks for sharing your experience. So how much above contract price did you have to pay? Was this another case of a dispute between the land owner and builder?



Anyone other than me, suspicious about the amount of disputes between land owner and builder? It seems common practice for the land owner to take out an injunction towards the end of the build (when costs are at there highest) which then turns into a memorandum which the buyers are expected to pay.



Dare I say some of these disputes are beginning to look engineered.



Scruff, You tell it like it is. Not many on here do this. Its a shame because people would tread more carefully (if at all) if they were fully aware of the pitfalls and what could happen when buying in the TRNC.



Armacon just your site Britivc or others?

Deniz1


Joined: 28/07/2009
Posts: 3829

Message Posted:
19/09/2011 21:55

Funda Kusadali is great i trust her she sorted all my stuff out. An honest lady. 05428581109.