Builder refusing to pay tax for title deeds ?

cleos


Joined: 13/03/2008
Posts: 77

Message Posted:
12/10/2011 08:25

I apologise if this has been asked before but i am getting confused with the many threads about property. If anyone can explain what we should do next i would be grateful ;

We are on a small estate of 7 villas - all p/tp granted over 21/2 years ago - everyone has their shared/communal kocan. We have been repeatedly told (by the builder) that the final parcelisation and issuing of individual title deeds was underway. However the builder has now changed his tune. He gives the Cypyus shrug and says he has no money to pay his taxes on the villas (which he says is £250 per villa - does that sound correct ?) and therefore parcelisation cannot go ahead nor can we have our title deeds. He says he will do it once he gets some money but he doesn't know when or if he will be able to afford it (despite the fact that they are a very succesful business family !).

Is there anything we can do either;

ourselves to get our individual deeds ? or

to force him to complete the process ?

Thanks

yrret


Joined: 17/08/2010
Posts: 761

Message Posted:
12/10/2011 08:45

I suspect he is just another Cypriot builder looser.

If you have a communal kocan, speak to one of the parcelisation companies directly to see if they can help, after all, your builder will simply third party it to one of them anyway and charge you more.



Have a look here:

http://www.cyprus44.com/forums/59640.asp - msg 8

Might get you started.



and here:

http://www.cyprus44.com/forums/44347.asp - msg 3



good luck

keithcaley



Joined: 13/06/2008
Posts: 2521

Message Posted:
12/10/2011 09:41

cleos,

If I have got this wrong, then I am sure that someone will be along in a moment to correct me -

1) I believe that your Builder should pay for parcelisation (provided that it's stated in your contract) so there should be no question of him adding on his 'cut' as previously suggested

2) If he hasn't paid his taxes on the sale of the property, I don't think that you can get your individual koçan anyway, and if he says that he can't afford the one, he'll likely say that he can't afford the other:(

As the law stands, there may be nothing that you can do about it, except pay up, but you really need some expert advice - and I would suggest that you get recommendations for a suitable advisor - preferably in Lefkoşia, well away from the gaggle of so-called Advocates and other charlatans who deal with Ex-pats, & their Estate Agents and Builders - 'cos they all 'Piss in the same Pot', and really won't be inclined to 'upset the apple-cart'

Please excuse the flurry of metaphors

misunderstood


Joined: 08/04/2011
Posts: 1004

Message Posted:
12/10/2011 09:58

Shock horror. A builder not facing his Contractual obligations.



cleos, I am not being clever, it is such a sad recurring event. Make sure there are no charges on your land. even if your registered your Contract there are examples of Memorandums being put in behind your contract/

YOu already know you are dealing with a leech so do that before you even consider spending your hard earned money on blackmail

Castlemilk


Joined: 12/03/2009
Posts: 174

Message Posted:
12/10/2011 10:09

I would have thought that if you all have a shared Kocan then the taxes have all been paid other wise no Kocan can be issued and if the site is fully complete you would just have to pay for parcelisation on individual plots





Stevie

newscoop


Joined: 23/12/2007
Posts: 2197

Message Posted:
12/10/2011 10:32

It seems to be the parcelisation issue here where before all individual deeds can be issued notice has to be put in the press for some obscure reason for each villa, I think the time frame is a month. I have heard of builders refusing to pay this cost.



Anyone know any different?

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
12/10/2011 10:58

We are having a simular problem with our UK developer-he has not transfered our deeds so we are taking him to court for full breach of contract.As the law stands over here he is not legally bound to transfer your deeds so assuming it is written in your contract that he has to do this you will have to sue him for full breach of contract.



It comes under the heading of blackmail/you pay my taxes -in return you get your deeds.



Its a complete pile of poo!!

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
12/10/2011 11:31

Your priority should be to get your deeds, even if they are only shares. Unfortunately, it looks as though you may have to pay their stopaj tax to get them which is absolutely disgraceful but cheaper than taking legal action.



Once you all have your shared deeds, you can then have a class action against the Vendor because they are still in breach of the contract if separate title deeds are not obtained.

wattys


Joined: 07/10/2008
Posts: 278

Message Posted:
12/10/2011 11:34

It seems the norm for this to happen, I contacted our UK developer and was told we could not have the deeds till the site was finished which will not be in the near future.

I asked about part parcelisation and was told with his and our amount to pay it would be around 10K his part being around 6k.

He said it was possible to still sell the property by passing all the benifits of the contract to the purchaser but who would accept this.

Honeybee


Joined: 09/09/2011
Posts: 39

Message Posted:
12/10/2011 13:06

1. Contract - You have to ignore anything that is in the contract because it is useless, even if you take a builder to court, and win, i doubt anyone has received any payment.



2. If the builder has no money to pay his taxes, what is the point of taking legal action, you will just be wasting more of your money.



3. If you want your kocan i am afraid the only way is to pay the builders taxes if they refuse to pay. As quoted in message 9, would any future purchaser take these on?

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
12/10/2011 13:48

Honeybee.



1,Its all part of the scam- the builder will say he has no money-it doesn't mean to say he's telling the truth.



2,My friend received compensation payment following a breach of contract hearing!



3,Your suggestion to pay his taxes is just what he many other builders are anticipating.



I have to disagree with your defeatist approach.

wattys


Joined: 07/10/2008
Posts: 278

Message Posted:
12/10/2011 18:24

Msg11



Where was the breach of contract hearing.



Was it bought against a builder or UK developer ? two different thngs two scenarios

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
12/10/2011 19:51

Girne/The buyers contract was with the developer.



Why is this so different?

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
13/10/2011 12:44

Hi Wattys,



Re-msg 9.



What is the name of your UK developer?-Could it possibly be RS'Homes run by a UK based guy called Steve Cooper.If it is perhaps we can have a chat off this forum..

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
15/10/2011 09:20

I would like to hear from any other buyers who have had difficulties with RS'Homes/Steve Cooper.



Thanks

frederick


Joined: 07/10/2011
Posts: 2

Message Posted:
16/12/2011 08:41

Hi magicart,

Maybe we have something in common here, can you e mail me denis_ridley@yahoo.com



Thanks Alan

joseph


Joined: 17/04/2008
Posts: 709

Message Posted:
16/12/2011 09:31

Hi Cleos.. definately some confusion here but then that's hardly suprising



You say you all have your deeds but on a shared Kocan and in order to have that single deed parcelised the builder is asking for £1750 i.e. £250 off each of seven householders?



If that is the case get together and bite his hand off

£250 per owner is about the cheapest parcelisation cost I have ever heard of on Cyp44.



As pointed out above, if you all have your deeds then the builder must have paid his taxes already and you are in a position most people would envy.



Think of it as a pie. Seven owners have paid all their dues ..( ergo the builder must have paid his taxes).. and the pie has been handed over to you all as a whole with each owner owning a seventh share. The final step is to have that single deed cut into seven individual deeds.(each seventh share)



Listen to whatever advice comes up on here especially from those who have gone thru the same experience..



... cont

joseph


Joined: 17/04/2008
Posts: 709

Message Posted:
16/12/2011 09:34

...cont



Check out the helpful advice via links and posts given by BRADUS and MOLLY who post on Cyp44.

Perhaps you could email them for a chat as both are very knowledgeable; as has been proven on here.



Hope this helps?



Regards Joseph

Allan


Joined: 28/12/2010
Posts: 40

Message Posted:
16/12/2011 11:10

Cleos



Why don't you name and shame the builder? Hopefully it will hurt the builder where it makes an impact.

Whether he is British or Cypriot.



Good Luck

emineden1


Joined: 22/12/2008
Posts: 512

Message Posted:
16/12/2011 11:32

Hi Cleos, my understanding is the same as Joseph. If you have shared Kocan then builders taxes must have been paid. If you are able to get individual deeds for £250 each you should proceed as soon as you can.



Good luck

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
16/12/2011 14:18

Hi Frederick,



I will e-mail you today.



Thanks.Art