Conor O'Dwyer in south loses property case

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
21/01/2011 13:55

Despite having his contract registered at the Land Registry and having paid £100,000 in instalments Conor's contract was cancelled, his property resold, and his private prosecution against the developer thrown out of court. Read more at http://www.northcyprusfreepress.com/2011/01/21/conor-odwyer-loses-property-case-in-south-buyers-beware/

Groucho



Joined: 26/04/2008
Posts: 7993

Message Posted:
21/01/2011 15:13

Seems like a clear case for ECHR as he will never get justice in the south..

kavenkoy


Joined: 10/04/2008
Posts: 1787

Message Posted:
21/01/2011 15:35

Cyprus wont be popular again in the world press anf property mags.



it doesnt matter which Cyprus north or south that gives the island bad press for me .



kav

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
21/01/2011 15:50

ECHR will only ever bring closure and justice. But come on now wasn't this predictable?

cronos


Joined: 26/10/2008
Posts: 2093

Message Posted:
21/01/2011 15:58

Kavenkoy...msg 3



I must agree....if such an open and shut case is so corruptly handled then it should be a stark warning for anyone expecting any kind of justice in Cyprus.



As you say, this impacts badly North and south, and the publicity will further affect the ailing property market on the island as a whole.



The North has its own specific problems which are well documented on here and should serve as a warning to anyone considering buying here.



However,the ongoing negative publicity about Cyprus as a whole makes you think twice about even taking holidays there.

rdsteve


Joined: 01/03/2009
Posts: 187

Message Posted:
21/01/2011 16:08

There is no justice in Cyprus North or South. Those of us who have invested in property here have now got a white elephant as after all the bad publicity who is going to want to buy property here not the British

Scoty


Joined: 23/05/2010
Posts: 846

Message Posted:
21/01/2011 17:32

Msg 6 - believe it or not, there are more people in the world than british! Look around, East European folk are moving in. Why??

cronos


Joined: 26/10/2008
Posts: 2093

Message Posted:
21/01/2011 17:42

Scoty....maybe the same reason that the Brits first moved in?......ignorance of the system?



It's taken 4 or 5 years for the chickens to come home to roost and for people to become aware of what they have bought into.

I'm sure that given time these East Europeans that you refer to will learn the truth themselves.

CJtill


Joined: 02/05/2008
Posts: 836

Message Posted:
21/01/2011 19:03

If you look hard enough there is always a new market waiting to be tapped into when the old one runs dry.

Nothing will change, only the victims will speak a different language.

Michael

sapper


Joined: 17/01/2011
Posts: 15

Message Posted:
21/01/2011 19:08

well well what a surprise god help us all still head back in the sand folks



madge

Scoty


Joined: 23/05/2010
Posts: 846

Message Posted:
21/01/2011 20:04

Msg 8 - ignorance of system.

This is where it comes down to the homework bit and where / from whom you buy.

Also, depends if wanted for staying /residing here

Then again, maybe they think they can make a quick buck like hundreds of brits did when buying here! Buy now / sell 2/3 years with 50% profit. Don't tell me there are a lot out there who thought like that and are now stuck.

cronos


Joined: 26/10/2008
Posts: 2093

Message Posted:
21/01/2011 20:15

Scoty...msg 11



Please don't trot out that old chestnut about "doing your homework" !



No amount of homework can fully protect you from the TRNC property/legal system.



Stop blaming the victims for their own misfortune, and have the good grace to admit that the TRNC system is rotten and discriminatory.

CJtill


Joined: 02/05/2008
Posts: 836

Message Posted:
21/01/2011 20:33

Cronos

Totally disagree.

Homework carried out now would strongly indicate that purchasing property in the TRNC would be a blunder on a huge scale.

Michael

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
21/01/2011 20:35

There are more twists to this sorry tale, yet..



This was one of two cases before the 'rump' RoC Courts and this one will go to appeal



http://www.news.cyprus-property-buyers.com/2011/01/21/conor-odwyers-lawyer-speaks-out/id=006630

Scoty


Joined: 23/05/2010
Posts: 846

Message Posted:
21/01/2011 20:35

Msg 13 - agree.If I knew then what I know now ...............

sapper


Joined: 17/01/2011
Posts: 15

Message Posted:
21/01/2011 21:41

Reference message 13 what homework?



Checked out advocate with BRS & HBPG

Checked title deeds

Checked land registry

Visited trnc on 5 occasions before purchasing

Applied and granted PTB.

Letter from Muktar

Went to see a completed house by builder " This was proven as not to built by builder much later"



checked on stage developement & paid stage payments

Registered contract

Next door neighbours freinds of builder and family connections also stiched up.



Builder raised a morgage never paid any monies memos placed and site now under threat of auction by bank

Bank was aware of villas already 80%& 100% paid for with that knowledge granted moregage! fraud in UK

You tell me what more we could of done!

We were also told pre74 deeds are the safest!! If you have these deeds you can only sell to TCs.!

Also its just not so called expats also local TCs have been caught out. also thousands are in the same boat but have their heads in the sand hoping it will all go awa

TRNCvictim


Joined: 17/08/2010
Posts: 1417

Message Posted:
22/01/2011 01:06

I feel so sorry for Connor, It really makes no difference whether you buy North or South of this corrupt Island, unless you are very lucky you will become a victim!



cronas I agree it really doesnt matter how much homework you carry out it will never ever protect you!



sapper (mess 13) Join the club!

sapper


Joined: 17/01/2011
Posts: 15

Message Posted:
22/01/2011 14:08

Hi TRNC,

Hi trnc,

Sorry about the rant but these people who state you should do your "homework realy hack me off"

As you rightle say they are just lucky its as simple as that and I am pleased for them.

Its a pity the expats do not have the B---s to say sod it enough is enough lets do something about it. but that spirit has been lost as it has in the UK Its a case I'm alright jack keep your head down just as well are lads in afghanistan do not have this attitude.



I was in my doctor surgery Monday I was on crutches, surgery was full old lady came in noone gave up their seats so i stood up and said what is wrong with you people and gave her my seat.

Thats life I'm afraid Take care my freind



madge

cooper


Joined: 23/10/2007
Posts: 3386

Message Posted:
22/01/2011 14:15

Sadly Madge its just a sign of the times and its only giong to get worse, not much respect left in society I'm afraid to say.



Take care.

YFred


Joined: 06/05/2009
Posts: 1471

Message Posted:
22/01/2011 14:43

There is only one way to have a property in Cyprus with minimum risk and that is how the Cypriots do it.

Step1 - buy the land and wait till it's yours.

Step 2 - Employ individuals to do the jobs who have been recommended to you and buy the materials yourself. Do not give it to a builder.

Step 3 - Only pay for the work that has been done to your satisfaction.



With the law being what it is, no amount of care will protect your investment.

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
22/01/2011 16:14

More from Conor's lawyer at http://www.northcyprusfreepress.com/2011/01/22/conor-odwyers-lawyer-gives-an-interview-on-south-cyprus-radio-cybc-2/

Lazy days


Joined: 24/07/2008
Posts: 847

Message Posted:
22/01/2011 16:52

Sapper

For every tale of doom & gloom on this board there are many more that are perfectly happy and content with their purchases, as in any country in the world there are rogues who will exploit the unwary, and unfortunately, like it or lump it, Scoty's words are very true, many Brits saw an opportunity to "make a few bob" buying cheap property in what was an underdeveloped and blockaded country which showed early signs of emerging from the mess, and the glossy property mags were screaming that N. Cyprus was to be the next property hot spot, so many jumped on the bandwagon and got their fingers well and truly burnt, these are facts, not nice but facts all the same, and these same people for the most part, are the ones who are doing all the shouting now, sorry if peoples greed hacks you off, but if they couldn't afford to take the risk they should have stayed in the UK, so I am in the "other club" sorry .

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
22/01/2011 17:32

Here is my comment as published at NCFP:

There is something fishy in all this. The court may be right about its verdict. Connor did have his contract registered with the LR, thus he had priority to the house. All he had to do was to file for “Specific Performance”. Unlike north, in the south they amended the SP law accordingly, hence Connor could sue for Specific Performance. As far as the penal code is concerned, its the second buyer who could make such a complaint, not Connor.

I am afraid its Connor’s advocate at fault, not the judge. I would advise Connor not to appeal and incur more costs. However he can still apply for the Specific Performance of his contract if he can go to court with “clean hands” as the jargon goes.

cronos


Joined: 26/10/2008
Posts: 2093

Message Posted:
22/01/2011 18:33

Lazy days...msg 22



If only it were that simple.



The majority of property problems are nothing to do with the promised investment potential "to make a few bob".



They are to do with the fact that people have been fleeced out of thousands of pounds after paying in good faith for property in the TRNC,and the TRNC govt and the legal system actually sanction this corruption !



Don't make out that the people who complain are just worried that prices have dropped.....they are worried that they may LOSE the property they have bought and paid for, through no fault of their own.

philbailey


Joined: 17/01/2011
Posts: 3534

Message Posted:
22/01/2011 18:40

Surely being a new country not yet recognised you should except a few problems

Quarmby


Joined: 15/09/2008
Posts: 975

Message Posted:
22/01/2011 18:43

Lazy days quotes " I am in the other club"



Does that mean "I am in the alright jack" club?

cronos


Joined: 26/10/2008
Posts: 2093

Message Posted:
22/01/2011 18:43

Msg 25......" a few problems"



That will go down as understatement of the year for any foreigner buying TRNC property !

Quarmby


Joined: 15/09/2008
Posts: 975

Message Posted:
22/01/2011 18:50

cronos



I wonder how much longer some people will go on making excuses for the governments inept ability to sort this mess out?

cronos


Joined: 26/10/2008
Posts: 2093

Message Posted:
22/01/2011 18:54

Quarmby



Probably whilst ever it doesn't affect them !



The " I'm alright Jack" attitude is alive and well in the TRNC....but I feel that many with their heads in the sand may well have a rude awakening at some point in the future.

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
22/01/2011 19:04

message 25.



"Surely being a new country not yet recognised you should except a few problems "





Yes, but one would expect them to do their best to iron out these problems instead of encouraging them by having laws that allow property scams and then doing nothing about it. Not much, even for a "new country," to do is it?



The excuses are unbelievable. Can people not differentiate between right and wrong?

philbailey


Joined: 17/01/2011
Posts: 3534

Message Posted:
22/01/2011 19:06

when i read the foreign office website when i looked for a holiday there was a section warning people about buying

cronos


Joined: 26/10/2008
Posts: 2093

Message Posted:
22/01/2011 19:08

This "new country" has had over 30 years to get its act together......it shouldn't take that long to act in a moral,equitable and unbiased way should it?......especially with 3 times more public officials than they actually need !

Quarmby


Joined: 15/09/2008
Posts: 975

Message Posted:
22/01/2011 19:14

philbailey



yes I totally agree with you that the UK government warn about buying property in the TRNC but is this not regarding buying property on originally greek cypriot land? I think you are missing the point re this thread, the problems lie with the corruption of builders and government etc in allowing people to purchase property and then condone the practice allowing builders to renage on the contracts thus depriving people the properties they have paid for.

philbailey


Joined: 17/01/2011
Posts: 3534

Message Posted:
22/01/2011 19:18

sorry i do not understand .if i buy something i want to know i own it

Quarmby


Joined: 15/09/2008
Posts: 975

Message Posted:
22/01/2011 19:24

Msg 34



clearly you do not understand my point.

CJtill


Joined: 02/05/2008
Posts: 836

Message Posted:
22/01/2011 20:01

My comments (msge13) were applicable to the present situation and not the past.....

So obtaining as much info as possible NOW should deter you from buying NOW.

My comments were not related to past problems.

Michael

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
22/01/2011 20:38

philbailey,



Message 34



"sorry i do not understand .if i buy something i want to know i own it "



and there lies the problem. You can buy your property, paying in full to the builder but there is no legal obligation for him to give you the deeds and according to the TRNC, it is the deed holder that owns the property, not you, even though you have paid in full for it.



Read up on memorandums, to get a more realistic view of what many property purchasers in the TRNC are experiencing or are at risk of.



Its a vipers nest. The best advice you will be given is don't buy in the TRNC if you are not prepared to gamble and cannot afford to lose your money.



Never mind the warning on the FCO there should be a warning on the bottom of every TRNC contract, along the lines:



WARNING: BUYING IN THE TRNC CAN BE BAD FOR YOUR HEALTH AND WEALTH.

philbailey


Joined: 17/01/2011
Posts: 3534

Message Posted:
22/01/2011 20:42

what i find diiffficult to understand is that i intend to come for a month on holiday . i googled n/cyprus and got my info (and this fun forum) all have warnings about houses in cyprus .

TRNCvictim


Joined: 17/08/2010
Posts: 1417

Message Posted:
22/01/2011 22:04

philbailey (mess 38)







Most ex pats are in a dreadful place (ie those who bought properties in the TRNC) and think enough of their fellow human beings not to want them to be in the same position! this fun forum and others are trying to help ex pats understand the complex issues surrounds Cyprus both North and South! It is so difficult to understand! so sorry all you have are warnings about houses in Cyprus!



As Bradus has said it's a Vipers Nest!



Enjoy your months holiday as long as you are aware, thats all that matters, after that it's up to you!