Ex-pat court win ignored by builder?

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
17/11/2009 09:39

"You may have read on NCFP about Pauline Read winning her court case for 7 breaches of contract by her builder. She has been on builder's electric for over 3 years and has had to suffer the extra cost this has entailed. Suddenly she, and the others on the site she occupies, has been given an ultimatum...."

Read more on http://www.northcyprusfreepress.com

Blackpoolfan


Joined: 03/12/2008
Posts: 1568

Message Posted:
17/11/2009 11:10

do you know which site this was???

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
17/11/2009 11:23

Pauline is holding back the name of the builder and the site (which would identify them) because there is a case pending against the bank which would of course involve the builder.

Blackpoolfan


Joined: 03/12/2008
Posts: 1568

Message Posted:
17/11/2009 11:26

no problem i understand.

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
17/11/2009 14:28

This has been in the pipeline for over a year now and the reason that the builder joined forces with Santa Fe is because the majority of the residents on the site were not prepared to pay extra for electricity when Kib-tec insisted that the builder had to install a transformer over 3 years ago. This is quite understandable, as the majority (but not all) contracts stated that electricity would be provided by the builder, but it hasn't just happened which is the impression your article gives.

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
17/11/2009 14:47

so joandjelly, are you saying that there has not just been an ultimatum to pay £2300 or your electricity will be cut off? When was the transformer installed? It was be interesting to hear your view about what has been happening at the site where Pauline's villa is situated.

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
17/11/2009 17:14

joandjelly as far as I understand it, it's illegal to build a property without the infrastructure first being in place. The electricity, along with water should have been automatic for a large site with many villas. I'm sure an expert on the board will be able to confirm if this is right.

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
17/11/2009 17:23

Malcolm I personally have not been given an ultimatum. I have been given a copy of the quote for the supply of electric to my site and have been asked to tell the builder if I am prepared to pay what they are asking. The transformer has not been installed, that is what the £2300 is for. Our site was started in 2004 and the law regarding infrastructure did not exist at that time (as far as I know) but came in some time around 2006. In fact if this law was being enforced then why is it that Santa Fe have finished their site of 40 apartments but still have not installed the electric?

We have 3-phase electricity to our site coming from the main road via 5 cables (upgraded in 2006) but Kib-tec will not allow us to have normal electric without installing a transformer. We have been quoted in the past £45000 for this between 10 villas which is why our builder and Santa Fe prepared a joint project.

Actually this should be a warning to anybody considering buying either land or a villa cont/d

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
17/11/2009 17:24

cont/d

where it is stated that services are "on site" as it does not automatically mean you will be able to access those services without paying a substantial amount of money.

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
17/11/2009 18:52

joandjelly wrote, "if this law was being enforced then why is it that Santa Fe have finished their site of 40 apartments but still have not installed the electric?"

To quote HBPG, "Many construction companies are ignoring the law regarding full infrastructure. The issue of electric and water connection and payment of same is currently wide open to blackmail and harassment with many companies demanding extra payment for supply of these basic services. This often takes place after final payment has been demanded and paid and buyer has taken possession of the property. In many cases buyers have been informed by their builder that Kibtek are at fault for non-supply of electric and, upon investigation by buyer, Kibtek have advised that no project has been submitted to them by the builder." See http://www.hbpg-trnc.net/documents/PMreport_0607.doc.

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
17/11/2009 18:55

joandjelly also wrote, "Kib-tec will not allow us to have normal electric without installing a transformer"

That seems like an ultimatum - pay up or no electric

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
17/11/2009 19:59

The ultimatum you are quoting is that we are about to be cut off and that this has suddenly happened because of Pauline's court case. I happen to disagree. Kib-tec have been supplying us with electric (albeit at rip off prices) since March 2006 so I do not believe they are suddenly going to pull the plug. In any case, as I said previously, we have only just been given a quote for the new transformer, cabling, etc and we are waiting to hear whether our fellow purchasers are prepared to pay or not.

AlexF065


Joined: 07/09/2009
Posts: 271

Message Posted:
17/11/2009 21:56

Do I underastand this correctly



Builders in TRNC do NOT have the INFASTRUCTURE in place on each phase of development and the folk who buy on the first phase are stuck with very expensive builders electric until the last phase is all sold and then have to pay the electricity company to connect the individual homes to the supply as the builders will only bring the supply to the boundary of the properties?

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
18/11/2009 08:26

The major problem was that Developers and Estate Agents and Advocates all worked together hand in glove. If the Buyers did not agree to pay the final payment which should have been substantial until they got everythinbg including the title deeds, there would have been no such problems. Any honest advocate who stood out had no deal made and no fee. The good advocates were the ones who dealt with your contract swiftly and had it signed in no time with no hitches.

You do not have to believe me, just read the recommendations for advocates on this forum! Who is to blame?

ismet

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
18/11/2009 09:57

joandjelly wrote, "The ultimatum you are quoting is that we are about to be cut off and that this has suddenly happened because of Pauline's court case."

So, correct me if I'm wrong, Pauline has established that the builder is acting illegally by charging her for the transformer and the builder is refusing to honour your contract too. Surely this puts you in a good position to easily sue him as it has already been established by Pauline that he is acting illegally. You could even all get together and sue him for the price of the transformer. What am I missing?

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
18/11/2009 10:43

Malsancak (msg. 15),

Gettting a judgement against the builder is just the beginning and not the end of the "cat and mouse" game. The Buyer is the mouse and the builder is the cat.

ismet

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
18/11/2009 10:47

absolutely, but with another case setting a precedent surely the groundwork has been done? For £50k it has to be worth being dogged rather than being mousey and pussy-footing around.