Is blackmail legal in the TRNC

cameraman


Joined: 11/06/2010
Posts: 28

Message Posted:
15/12/2010 18:41

Freinds of mine have been treatend by their builder that if they do not pay the oustanding monies on their propery that he would re market it



The property is incomplete after 4 years with no sewerage mains electric/water etc with many other issues to include poor workmanship, it was registered with the land registry in 2008



Can a property be re sold when registered to the purchaser ?



They like many others in the TRNC they do not have any confidence in the laws of this country and those in the legal proffession who claim to be working in the interest of the purchaser.



IS BLACKMAIL LEGAL IN THE TRNC ??????

Quarmby


Joined: 15/09/2008
Posts: 975

Message Posted:
15/12/2010 18:44

Look around you, you will probably come to the conclusion that it is. If you are not sure, ask the government!

Groucho



Joined: 26/04/2008
Posts: 7993

Message Posted:
15/12/2010 18:45

Your friends should scare the shit out of him by initiating legal proceedings to recover all monies paid so far with interest based on the fact that the builder has failed to fulfil his part of the contract whilst conversely they have done everything required of them.



As for re-marketing the property.. they should tell him to try the chancer.

Denny


Joined: 09/12/2010
Posts: 261

Message Posted:
15/12/2010 18:49

Anything goes here, it seems, if you set yourself up for it. Unless your friends have the title deed in their name the owner, presumably the builder, can do whatever he likes. The wording on their contract is crucial here as is independent legal advice.

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
15/12/2010 18:51

mess 3 - you are dreaming Groucho...



you take legal proceedings against your builder to get the deeds from him ??



this place isn't called "Devils island" for nothing............

yenibob


Joined: 13/10/2010
Posts: 1203

Message Posted:
15/12/2010 18:53

There is no law in this "country" I have no doubt the builder can get away with whatever he wants.

cameraman


Joined: 11/06/2010
Posts: 28

Message Posted:
15/12/2010 19:12

I have been just informed by my freinds that the land owner who also has properties on this site is taking the biulder to court for late completion and will not issue title deeds until resolved.

Groucho



Joined: 26/04/2008
Posts: 7993

Message Posted:
15/12/2010 19:40

John, Msg5



Where in msg 3 did I say anything about getting the deeds via legal action?



It is possible to sue for your money back with interest. Others have done it. If he doesn't want to continue with the contract and fulfil his obligations then he has to be prepared to repay.



It's not called Devil's Island by anybody I know of...

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
15/12/2010 19:43

mess 9 - thanks grouch...............

elkiton



Joined: 15/03/2009
Posts: 514

Message Posted:
15/12/2010 20:38

Cameraman,

Contrary to published opinion, injunctions are granted by the courts, damages are awarded, deeds are transferred and the courts are impartial. I know, I have been there.

I would suggest you post nothing further about the case here, get legal proceedings under way now.

If not, just keep chatting and enjoy the repartee.

Contact me off the board if you feel the need.

Best Regards

TonyE

P.S. A contract stands until nullified by a court, but experience shows he who fires the first broadside usually dictates the battlefield.

cameraman


Joined: 11/06/2010
Posts: 28

Message Posted:
15/12/2010 20:57

Many thanks for all your replies and concerns, this is what C44 should be all about helping each other in times of need I will pass your comments on to our freinds, they are not members but I am sure they will be very greatful for your helpfull replies

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
15/12/2010 21:06

I am absolutely sure blackmail is illegal in the TRNC.



However, it appears acceptable practice and is used frequently during the conveyancing procedure.Sometimes people weigh up the costs involved and if it is a cheaper alternative than paying expensive legal fees, accept the black mailing tactic. Even more of a surprise is that the advocates and HBPG often recommend this action, if it secures your title deeds. So with many developers and builders having succeeded in getting additional money, with very little hassle, it seems to becoming more common.



Obviously it should be illegal and action should be taken to address this well publicised problem but the Government and legal profession are not proactive or even reactive, they are simply ineffective.



I have also heard Cyprus referred to as Devil's island. North and South have a very tarnished but well deserved reputation, when it comes to property sales. Your experience is exactly why it has gained such a reputation.

pollymarples


Joined: 08/08/2010
Posts: 1778

Message Posted:
16/12/2010 07:40

Good advice from Ekiton. Take your Contract to an advocate (the initial one if you are confident in him/her)

then start Breach of Contract Action and the first thing to do is put injuctions on your property and any of his without mortgages/injuctions on to make sure there is enough in the pot to pay your award when you win. YOu will win if the the property is unfinished after 4 years.



The act of doing this ensures you will put stop to any proposed sale by the builder. Also go and see Marion

Stuart, yours sound like the sort of case she can help with. STOP POSTING HERE IMMEDIATELY, you are giving the builder ideas too.

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
16/12/2010 09:13

Take the builder to court-two of our neighbours did and successfully settled their claim.



Despite popular opinion the legal system does work -maybe not to UK standards and in most cases a settlement is agreed without full litigation but you must go through the legal process- call this guys bluff.

pollymarples


Joined: 08/08/2010
Posts: 1778

Message Posted:
16/12/2010 12:57

sorry I meant Marion Stokes, not Stuart (she would be surprised). Marion has clinic at Pia Bella every Tuesday

from noon. NOt sure of her Xmas hours though.

elkiton



Joined: 15/03/2009
Posts: 514

Message Posted:
16/12/2010 16:19

Amazing, a thread about a bad builder / developer which has not dissolved into acrimony, maybe I will keep reading the board after all !

Well done

TonyE