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Property - what constitutes living space in a contract?

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Mildrew


Joined: 28/04/2008
Posts: 4

Message Posted:
11/05/2008 22:09

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Message 1 of 8 in Discussion

In 2005 we entered into a contract with a builder to build a villa. We contracted to have an extension added to one wing which was to increase the size of 2 bedrooms in the villa and enable all bedrooms to have en-suites. They did not build the extention and instead built a verander balcony. My solicitors always answer any questions with evasion and one is probally acting for the builder, while the other has dissapeared in Turkey. The villa was finally, I believe finished April 2008, and a final demand has been made. What can be done about this situation.



martyb49


Joined: 22/02/2008
Posts: 42

Message Posted:
12/05/2008 09:55

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Message 2 of 8 in Discussion

I am sure living space is classified as internal living space and does not include verandas as they are not enclosed. Did you not have drawings or specifications with sizes within your contract?



Mildrew


Joined: 28/04/2008
Posts: 4

Message Posted:
12/05/2008 16:36

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Message 3 of 8 in Discussion

Living space is my description used because of the extended wing to the bedroomds. They keep using the frase Total Build area which probally includes the terraces which was initially built with no reference to me, and Santa Fe's artitect has also said at one time that this includes the ground floor underneath the terrace which is quite long. A meeting was held at my TRNC solicitors office last November which ended with the Santa Fe Boss storming out and threatening me with arrest if I set foot on the site again. I was not talking to him at that time but to his financial adviser and I had been telling him how I had arrived at my measurements by measuring from wall to wall with a laser measurer and the land using a very long tape measure. The land is another dispute but is related. The saga is endless, and I have had no advise or help from anyone in the TRNC. The solicitor that came over with me was from The Turkish Legal Centre and she now will not talk to me. The fraud squad in the UK say they are interested but will only come involved if Santa Fe sell the house before returning all my money which is quite considerable.



martyb49


Joined: 22/02/2008
Posts: 42

Message Posted:
12/05/2008 19:13

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Message 4 of 8 in Discussion

Mildrew,



I'm reasonably new to the forum and there are people on here who will have a lot more information to help. Below is a link to another similar story. I would guess you will need a better lawyer who has dealt with this before, however as said i think others on the forum can offer much more help. I will keep looking for more information and stories and also try and keep your story at the top so it gets you more replies. I really feel for you and hope you can find some solution.



Can others on the forum with more knowledge than me please assist?



Marty



http://www.cyprus44.com/forums/1353.asp



martyb49


Joined: 22/02/2008
Posts: 42

Message Posted:
14/05/2008 09:11

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Message 5 of 8 in Discussion

just moving you back to the top again. Any advice please board.



Marty



sylvie


Joined: 12/03/2008
Posts: 1081

Message Posted:
14/05/2008 09:52

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Message 6 of 8 in Discussion

i am sure of one thing, your drawings done initially has to be respected while construction because if it's not the problem starts en the final approvement from belediye i done ey mesure every single space- look , look at the room sizes end the windows - if any change has been done, we will have to paid fine or as your architect to redraw to ask an other approvment -all of that will cost you money - your constructer should know about before doing any changes - refer to your initial drawings and see



martyb49


Joined: 22/02/2008
Posts: 42

Message Posted:
14/05/2008 20:12

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Message 7 of 8 in Discussion

It is also accepted and normally included in a contract that sizes/ dimensions may not be exact (i have +-5%) but this should be stipulated in the contract. Did you have building plans within your contract?



maggie


Joined: 25/03/2008
Posts: 192

Message Posted:
16/05/2008 13:57

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Message 8 of 8 in Discussion

living space does not include verandas etc. If you are going to extend, you should wait until you have paid your 5% tax, otherwise they will charge you for the extension area as well.



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