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sueing for late completion

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jimbo


Joined: 12/07/2007
Posts: 150

Message Posted:
18/07/2009 15:37

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Message 1 of 31 in Discussion

Hi has anyone sued their builder successfully for late completion. Our house was meant to be completed by jan 2007 and we still have half the a/c not put in, the outdoor shower is not up and access to the house is blocked by a huge kerbstone because the road is not done, and we are still on builders electric. We are going over in sept and if the work is not done we are going to seek advice from a solicitor or is this going to be futile and a waste of time. In our contract it states that we would be entitled to money back if the build was not fully complete by the date of completion.



smithy


Joined: 17/07/2008
Posts: 5301

Message Posted:
18/07/2009 15:42

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Message 2 of 31 in Discussion

Heard of Bob Hope

Well you have no Hope, all the promises are wasted, the Solicitor will take the builder to court maybe in 2/3 years then still nothing

Sorry but some of my family have been 2 years after completion date, please dont waste your time and money



negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
18/07/2009 16:22

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Message 3 of 31 in Discussion

ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha



Not laughed so much since Garry Monger's missus's knicker elastic finally gave way in the middle of Tesco's...............



jock1



Joined: 06/01/2008
Posts: 3786

Message Posted:
18/07/2009 16:25

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Message 4 of 31 in Discussion

Jimbo, you are as well biting the bullet and doing it yourself, or perceiver and keep nipping the builder, but the only one who is going to get a headache is yourself...



girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
18/07/2009 16:30

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Message 5 of 31 in Discussion



Yes, I had no problem , the duty of care here is the same as in the UK.The legal system is the same as in the UK.

The lawyer ensures that all the terms of the contract are adhered to.



Have to stop now ,its time for my therapy.



rowlo



Joined: 12/10/2008
Posts: 4796

Message Posted:
18/07/2009 17:14

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Message 6 of 31 in Discussion

enough said jimbo , spend your money on nice things ,the lawyers will.



Aga Buyers A G


Joined: 04/10/2007
Posts: 488

Message Posted:
18/07/2009 17:47

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Message 7 of 31 in Discussion

2 hopes and one of them is Bob !



Aga Buyers A G


Joined: 04/10/2007
Posts: 488

Message Posted:
18/07/2009 17:48

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Message 8 of 31 in Discussion

sorry smithy didn't c your reply :0)



brandy sour


Joined: 09/04/2008
Posts: 310

Message Posted:
18/07/2009 18:16

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Message 9 of 31 in Discussion

I will answer you question jimbo short and sweet NO and YES.



Aga Buyers A G


Joined: 04/10/2007
Posts: 488

Message Posted:
18/07/2009 18:27

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Message 10 of 31 in Discussion

to date AGA Development owe me £1,000 pcm from Dec 05 !



Suz

ABAG

xxxxxxx



negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
19/07/2009 18:44

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Message 11 of 31 in Discussion

just stopped laughing....



Brinsley


Joined: 04/04/2009
Posts: 6858

Message Posted:
19/07/2009 18:48

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Message 12 of 31 in Discussion

No one listens to me, it's a bazooka job!



Richard



Aga Buyers A G


Joined: 04/10/2007
Posts: 488

Message Posted:
19/07/2009 19:01

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Message 13 of 31 in Discussion

"Hello Florence` ,said Dougal.

`Hello, Dougal.` ,said Florence.

`Boing!`

`Hello, Florence and Dougal.` ,said Zebadee.

`Hello, Zebadee.` ,said Dougal and Florence.

`Hello, Zebadee, Florence and Dougal.` ,said Dillon.

"Hello, Dillon.` ,said Zebadee, Florence and Dougal.

`I say,` ,said Dillon.

`What?` ,said Dougal.

`Booinngg!`

`Pardon?` ,said Zebadee.

`Nothing.` ,Said Dougal.

`I wasn't talking to you.` ,said Zebadee.

`Oh.` ,Said Dougal.

`Dillon.` ,said Dougal.

`Yes.` ,said Dillon.



Did you know I am going to sue my builder for late completeion, I am going to take hime thtough the courts, force the sale of his asstts and buy a nice big new house in North Cyprus complete with deeds



`Booinngg!`



Time for bed said Zeebadee



That just about sums it up !



ABAG

xxxxxxxx



maningi pusa


Joined: 07/09/2008
Posts: 120

Message Posted:
19/07/2009 20:58

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Message 14 of 31 in Discussion

Dream on!!!



Brinsley


Joined: 04/04/2009
Posts: 6858

Message Posted:
19/07/2009 21:10

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Message 15 of 31 in Discussion

There is a way, list the names of those concerned (Advocates, builders, developers etc) and those few actors amongst us pose as prospective naive buyers and lead them up the garden path (without parting with a dime) from whatever bullshit story one can give them, bank statements in UK, NZ or wherever money tied up until........etc etc. Play a game with them! Will not gain financially but will really piss them off!



Richard



elkiton



Joined: 15/03/2009
Posts: 514

Message Posted:
19/07/2009 21:15

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Message 16 of 31 in Discussion

Yes Jimbo, I successfully did this last year for broken contract and received compensation, legal fees and transfer of ownership to my name.



Ignore the remarks about it being a waste of time, most comments of this nature are really misinformation by people who have never taken a builder through the court protocol themselves, and are recycling 3rd hand stories.



Also ignore the rubbish that the courts are biased towards the builders, in my experience nothing is further from the truth.



Also, there are good experienced lawyers around if you care to look.



If you need a good lawyer contact me off the board at elkin_tony@yahoo.co.uk and I will share mine with you!



best regards

TonyE



KatyMcM


Joined: 12/07/2009
Posts: 46

Message Posted:
19/07/2009 21:17

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Message 17 of 31 in Discussion

My relatives made enquiries - £5000 to start injunction proceedings. £50 per page to get documents translated:

2 divorces, 2000 anti-depressants, 1 suicide, 3 cases of GBH, no life, no love, no view of the future

only joking

but if all comes at a cost and not only in money.



Brinsley


Joined: 04/04/2009
Posts: 6858

Message Posted:
19/07/2009 21:18

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Message 18 of 31 in Discussion

An Advocate touting for business? Times must be hard!



Richard



Thinker


Joined: 11/11/2008
Posts: 169

Message Posted:
19/07/2009 21:19

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Message 19 of 31 in Discussion

The best of LUCK! You are really going to need it xx



smithy


Joined: 17/07/2008
Posts: 5301

Message Posted:
19/07/2009 21:30

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Message 20 of 31 in Discussion

Plus a 3 year wait, by then some other poor sods are hanging around waiting for their money



Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
19/07/2009 22:19

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Message 21 of 31 in Discussion

Lostgeezer,



whilst there is some truth in your above comments, the ROC does not come out smelling of roses when it comes to corrupt builders and buyers not receiving their title deeds.



I believe that this situation is so rife in the South it has received attention from the British and European Governments who are now advising citizens not to buy in Cyprus.There is even talk of banning all exhibitions held in Britain by builders and developers from Cyprus. Perhaps the North and South have more in common than you think?



Brinsley


Joined: 04/04/2009
Posts: 6858

Message Posted:
19/07/2009 22:32

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Message 22 of 31 in Discussion

Lostgeezer



Did you ever do your homework at school? Or should you go back and learn how to do it! Turkey in hard cash has handed circa $240,000,000 in 35 years plus other non transparent support. Major capital projects are now run straight out of Ankara. Do you think Larnaca airport will be handed back to the Turkish families that once owned the land? I think not. Back to school with you!



Richard



jimbo


Joined: 12/07/2007
Posts: 150

Message Posted:
20/07/2009 21:57

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Message 23 of 31 in Discussion

The question was has anyone been successful in sueing for late completion. I would like a answer from someone who has actually had or knows anyone who went through this legal proccess no matter which way the decision went



girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
21/07/2009 00:17

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Message 24 of 31 in Discussion

Jimbo

".The question was has anyone been successful in sueing for late completion",then it appears elkiton is your man.I would have thought it would also be to your advantage to know how many of us tried and failed compared to those that won. This helps in determining if the effort or expence is worth considering .



Also if elkiton, as the only one so far that has won was the only poster, that would give a false impression. You would only have one reply and that would be positive. Looking like 100% pass.



You dont have to go thro the legal system to know you have lost, you will find that out near the beginning of the process.



CyprusChill


Joined: 08/05/2009
Posts: 666

Message Posted:
21/07/2009 01:59

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Message 25 of 31 in Discussion

Sound advice ..

Very much hold back on the reins of payment.



'all payments to be made through your legal named solicitor'



Works' both ways between yourself and your paid solicitor.



' The builder should accept this, dependant on his creditation. '



jimmyG


Joined: 14/08/2008
Posts: 900

Message Posted:
21/07/2009 13:17

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Message 26 of 31 in Discussion

Jimbo, I don't understand why you've posted message 24 when you have the answer in message 16 ?



gates


Joined: 08/12/2008
Posts: 1096

Message Posted:
21/07/2009 13:37

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Message 27 of 31 in Discussion

dont waste any more of your money the solicitors will be glad to take it and you will get none back



Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
21/07/2009 15:20

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Message 28 of 31 in Discussion

Elkiton Message 16



It would appear that you were fortunate with the outcome of your own case and presumably this was at the discretion of the defendant as the Specific Performance Law is of no use to foreigners.



Also a breach of contract can be for a number of reasons but I do not know of any successful claim for late delivery/completion of a property.



Based on your experience, I am very surprised at your reluctance to mention the name of the lawyer who gave you such good service. After all, you mentioned that many stories are recycled from 3rd hand experiences! Court action is both costly and time consuming which is why many purchasers are reluctant to initiate proceedings. However, having had the good fortune in succeeding with your case, I would have thought that you would be more open with your experience. Jimbo has not been overwhelmed by supportive messages has he?



scoobydoo


Joined: 10/11/2008
Posts: 2434

Message Posted:
21/07/2009 16:15

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Message 29 of 31 in Discussion

Jimbo,



Have you thought about getting in touch with the Home Buyers Pressure Group, maybe they know of a good solicitor that the work with or that someone has had success in doing what you wish to achieve.



jimbo


Joined: 12/07/2007
Posts: 150

Message Posted:
22/07/2009 16:12

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Message 30 of 31 in Discussion

Ok i get everyones drift, but a lot of responses are from people who say its a waste of time and money but do not seem to apart from Elkinton to have any first hand experience of this. I shall re phrase the question. Has anyone else tried sueing the builder for late completion or have you not bothered because of all the comments like some of the ones above.



ROBIN HOOD


Joined: 26/05/2008
Posts: 238

Message Posted:
22/07/2009 16:27

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Message 31 of 31 in Discussion

TRNC Contracts tend to be one sided. You pay , they do little or nothing. I just hope you're not with my builder. I got beaten up for asking the question.



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