Stitched Up

Discovery


Joined: 21/04/2008
Posts: 36

Message Posted:
03/05/2008 02:43

My Villa at Bahceliis is now near compleation i have two major issues with Evergreen the builders the first is that the arches and pergolas that we saw in the brochure when we decided to buy off plan are now according to Evergreen not going to be built . The pergolas can clearly be seen on my contract drawing but as it is a plan drawing (looking down )the arches cant be seen just the top of the wall they state that as arches and pergolas are not on the specifcation they will not be built and yet if you look on there web site the villas clearly show arches and pergolas . My other issue is that they have clearly taken a small section of my land and given it to the villa owner behind i have complaned in person also sent three emails for them to check the bounderys no reply . They have now sent me an email saying that my villa is now compleat and want the balance of the money my solicitor is compleatly negative saying that specifcation will prevail also that boundarys do alter could someone give me some advise on the problems that i have many thanks



Frank

TimothyCadman


Joined: 13/12/2007
Posts: 1040

Message Posted:
03/05/2008 08:18

A artists impression of a finished building is just that, an impression.



What you actually end up with is what is stated, word for word, in the contract. If pergolas or arches are not stated then you don't necessarily get them. The impression may well show trees and shrubs, but it is doubtful you will get these either. In the end, what is written in the contract is all the builder has to build the specification too.



As for your boundary wall, a site plan also is not a fixed entity. These are variable too.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
03/05/2008 08:48

I am afraid your advocate is right. If you sign a contract due to misrepresentation you are entitled to ask them to perform the contract as if the misrepresentation was true. However (and here comes the crunch), if you could have discovered the truth with due deligence, then the contract is binding on you as it is i.e. by looking closely at your contract and the specifications attached, you could see that the pergolas were not included.This is clearly stated in our contract law which we inherited from the colonial days.

ismet

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
03/05/2008 14:37

I find it strange that you should not expect the actual building itself to be as shown in the drawings. Surely if you can only rely on what is stated specifically in the specification then the builder could build a completely different style of villa and the purchaser would be expected to accept it?? If the arches form part of the building then it is not unreasonable to expect to get them as it is the style of the building that a purchaser chooses not just, for example, any old 3 bed villa in any style that the builder chooses to build. Our arches were not "specified" but they are an inherent part of the design of the actual building. I can understand the pergola should have been specified but not building features such as arches.

Discovery


Joined: 21/04/2008
Posts: 36

Message Posted:
03/05/2008 15:32

What i have been told by one of the directors of Evergreen is is that i have a villa at a cheap price and that they have now decided not to build the arches to my villa thats it as stated above it clearly shows the pillers and pergolas but as these are not listed on the specifcation they are saying no to both unless i am willing to pay an extra £2000 there way of getting over what is on the drawing is there general legal disclaimer on my contract which states in case of contradiction between the floor plans to the specifications sheet the later will prevail . I think that due to a lot of the building works that had to be carried out sometimes twice they are trying to save money at my expence .they cant understand the meaning of customer relations . What can i do in the long term they now want there money or they would love me to cancel so that they can sell on for a higher price this option has been offered to me at least three times . My trust in this company is non existent .

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
03/05/2008 19:16

If they're offering you cash I'd bite their arm off! They sound like a completely dishonourable company. If they're prepared to cheat you out of the villa design that you have chosen and paid for then what else might they do to save money (and let's not forget you've already lost some land too). Are mains electric and water connected and ready to go into your name as this is another little money spinner.



Try and negotiate a higher pay off from them and then go and find a nice re-sale that is all finished. Then when you've got your hands on the cash write an article for Cyprus Today telling everyone exactly how they treat their customers. They should be ashamed.

rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
03/05/2008 20:33

joandjelly

I agree.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
04/05/2008 14:02

Dear Discovery,



Yet another tale of woe from the construction industry in the TRNC.



I agree with joandjelly. Take the cash and tell them to get lost!



I am a great admirer of Elko, and am fascinated by his legal interpretation, but surely if



arches are an integral part of the building, you should be entitled to them.



My contract states (after 90% of the cost has been paid) " no more money shall be paid



until the villa and swimming pool are finished in good order" My builder is now claiming



that the swimming pool is £17500 extra. Are these guys out for a laugh? or do they



know something of the legal system in the TRNC that we do not!!



You should try to have your contract made Null and Void and your payments should be



returned WITH FULL BANK INTEREST. Good luck (and good riddens to Evergreen)



wynyardman

Turtle


Joined: 28/05/2007
Posts: 2669

Message Posted:
04/05/2008 15:56

Discovery

Unfortunatly as you wrote in your last post "they cant understand the meaning of customer relations ."

This is the single most problem with many complaints about builders & solicitors.

Just the way it is in TRNC..............sad but true

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
04/05/2008 16:54

Point of order Turtle,



As Mrs Thatcher used to say (or should have said)



DO NOT UNDERESTIMATE THE POWER BEHIND "the oxygen of publicity"



It is a powerful tool, use it wisely or (as Julia Roberts said, in Pretty Woman.)



.EVERGREEN...."..BIG MISTAKE!." They need to sell properties. ....You don't



The very best of luck to you discovery.



wynyardman

brian24001


Joined: 23/03/2008
Posts: 606

Message Posted:
04/05/2008 17:01

Disco,

be very very careful.

if you pull the contract, the builder will sell to another person, but you will have to 'recover' your monies, and my bet, and I would make a substantial wager, would be that you will then have to recover monies through the kangaroo system, taking 5 years plus, and costing more than the house.

If all you are short is a coupe of poxy arches and a pergola, be thankful you are not in the position many are who don't even have a roof/windows etc etc.

take a good look around you at the 'tales of woe' accept yours is pretty minor and get on with things, al least you will have a finished property.

And keep a check on the BB's and tip off anyone who mentions the person involved.

-Game - set and match will follow in time, beleive me, and it's not going to be long.

Turtle


Joined: 28/05/2007
Posts: 2669

Message Posted:
04/05/2008 20:50

I have watched for 2 years and bad publicity on these rogues simply does not stick !

They seem to hook more and more of us, its difficult to claim against them and its already been said that to sue them will take 5 years with possibly nothing at the end.

andre 514


Joined: 31/03/2008
Posts: 1163

Message Posted:
04/05/2008 22:56

surely frank is being asked to pay them an extra two grand,

and is not being offered any kind of refund?!!!



as regards advice from solicitors it is sad that many of them will disagree

that giving this "extra" advice was really part of the conveyance

and to them you are getting their valuable so-called "advice" free?

on the other hand they well be right that, if it is not in the contract

then it's unrecoverable... although the land grab is quite naughty,

you need to know for sure whether any of this is worth fighting for

with some chance of success...

it does seem you have little sanction over the builders

and they are not interested in any type of compromise



the other thing you can do is try and appraise the villa as value for money overall, do you agree with evergreen you got it at a cheap price or not?

it might mean you have to accept the unacceptable and go forward,

there are some really terrible things that could have happened to you

as you will see if you read many of the other threads

and if the builder could actually sell your villa to others at a "higher price"

you have already clocked up some capital gain to put in your backpocket,

even if your backyard has shrunk in the wash



nonetheless a warning to all not to automatically assume artists impressions have any precedence over the wording of the contract, disclaimers included



andre

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
05/05/2008 00:15

There is some scope for interpretation of the contract law, paragraphs 19 (2) and (3). Those with a legal mind may make their own minds http://www.mahkemeler.net/mahkeme-web-t/ifasil/CAP149.pdf

ismet

Discovery


Joined: 21/04/2008
Posts: 36

Message Posted:
05/05/2008 01:32

Hi to you all



And i must say thank you all for your support . The reason i have not taken the money offered is firstly i dont trust them i have the same old story i send lots of emails to them mainly to let them know they are making mistakes ( i am an NHBC reg house builder in the UK ) they never reply eventually they realise there mistakes then do it again . the second and third reason is fantastic sea views also i am not the only one in our little group of seven villas up to now we all support each over . Evergreen will be the loser over this. This forum of mine cant be helping there sales department .Ismet can you advise me Evergreen say my villa is finished and they want there money my contract with them is £1000 down £48000 within 28 days this has been paid item 3 i will type out in full £48,100 british pounds is payable upon completion of all the building works to the property and including all communal roads accesswaysand pathways and all infrastructure in full accordance with the designs and specifications attached to and forming part of this contract and upon the correction of all the snagging items and shall be paid on and in return for delivery of full vacant possession of the property to the purchaser. Apart from the arches etc i dont think they have finished my villa to a reasonable standard > When i was over there in March i said to there surveyor you will have to get the building works right otherwise i just keep my money untill you do he then told me that Evergreen will then resell my villa i am tempted to send them most of the balance plus the pool cost i know the decision is up to me but i would appiciate your or others help . Many thanks.

breezyboy


Joined: 14/05/2007
Posts: 1179

Message Posted:
07/05/2008 11:39

Frank,

Now you have registered your contract, Evergreen will have a problem selling it.

Erwin

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
07/05/2008 12:30

Good point breezyboy,



Technically that would put a complete hold on the proceedings.



Legal costs may outweigh any gains.



I would try to get Elkos take on the situation.



Wynyardman