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terkar


Joined: 11/08/2008
Posts: 6

Message Posted:
11/08/2008 22:46

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Message 1 of 7 in Discussion

Has anyone been successful in taking the agent/builder to court for breach of contract

as my wife and i are contemplating doing this,plus my solicitor seems reluctant to take court proceedings



Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
11/08/2008 23:43

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Message 2 of 7 in Discussion

Hi terkar , nearly all solicitors appear to go down this route , even though breach of contract is clearly there , solicitors advise an amicable route , the way i see it is if you can bargain with final payment , or use the contract to you're advantage in some way or other , that's amicable to you , it is the only way to go , sorry to say .



cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
11/08/2008 23:47

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Message 3 of 7 in Discussion

As all the solicitors in Girne are best pals it would always be difficult to bring a sucesful conclusion.



We are told if you can find a solicitor in Lefkosia that is not related to those in Girne you may stand a chance of winning.



Chick-a-Dee


Joined: 16/06/2008
Posts: 342

Message Posted:
12/08/2008 13:37

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Message 4 of 7 in Discussion

Friends of ours was in this situation - 12 months behind contract, with the usual £x per month compensation for lateness built in contract. They were told that the contract was not worth the paper it was written on and no point persuing the matter in court.



They did not get any compensation, but had purchased extra goods from the builder, ie upgrades on the white goods, extra shutters, plug sockets etc. the cost of which was met by the builder and added to the final tally. Our friends, successfully (and very skillfully) negotiated a reduction in price to these extras, in leiu of the lateness of the build. Maybe you could try something similar. I dont think that taking anyone to court would help, apart from lining the pocket of the solicitor, courts etc. Save your money and try and negotiate a reduction in the end costs. Hope this helps.



terkar


Joined: 11/08/2008
Posts: 6

Message Posted:
12/08/2008 21:18

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Message 5 of 7 in Discussion

thank you for your comments,unfortunately we have told the builder/agent that we cannot accept the property on offer as it is unsuitable for our needs whereas the original apartment was,i.e. ground floor.We now have to come to NC to start looking allover again.



Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
12/08/2008 21:38

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Message 6 of 7 in Discussion

terkar , buy a resale , you then know exactly what you are getting .good luck .



colly


Joined: 31/07/2008
Posts: 297

Message Posted:
13/08/2008 01:14

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Message 7 of 7 in Discussion

I agree. Resale does seem to carry the least risk.

Col



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