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Barrovian1



Joined: 16/11/2007
Posts: 95

Message Posted:
30/01/2008 15:22

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Message 1 of 255 in Discussion

Just received an e-mail from my solicitor, regarding the new legislative changes on properties, that have to be registered with the land register within 3 months.

My solicitor wants to charge GBP 350 + YTL 44.50 land register fee.



Doe's anybody know how you go about doing this thing yourself, where to go etc.



Bob.



McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
30/01/2008 16:21

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Message 2 of 255 in Discussion

I think this is outrageous.



I don't know how to do it yourself, but would be very interested to know.



Solicitors should not be able to get away with this scale of fee.



They know they have people by the Balls and are exploiting it tothe max.



Mc



davidoff


Joined: 21/04/2007
Posts: 438

Message Posted:
30/01/2008 16:37

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Message 3 of 255 in Discussion

Hi Borro,



I started a thread on this a week ago called new preoperty registartion law in NC -look it up as theres been lots of contribution and information on there from various people!!



Although I still think we are all confused and not quite sure what do do or not to do??



Take care-D



McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
30/01/2008 16:55

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Message 4 of 255 in Discussion



Davina,



As far as i can see, there is no answer on your thread to Barrovain1's question.



If solicitors are going to charge £350 for this, then people need to know how easy it is to do it for themselves.



They are being ripped off, because they know that most people are not in the country, therefore someone else has to do it for them, hence £350....thanks very much



MC



Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
30/01/2008 17:02

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Message 5 of 255 in Discussion

We have had a very kind offer from our complex manager to do it for free , so one must be able to do it one self , we do have until the end of March i believe



stevie-d



Joined: 13/07/2007
Posts: 1420

Message Posted:
30/01/2008 17:05

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Message 6 of 255 in Discussion

Look in the hbpg-trnc.net ( Home Buyers Pressure Group ) under Goverment directive/ stamp duty.

stevie-d



Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
30/01/2008 21:37

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Message 7 of 255 in Discussion

Please forgive me if what i am writing is not wholly accurate. It is my interpretation having read info from other forums and my advocates letters. But the more I read the more confused I become!!

By all accounts it is easy to do. You need to take your contract to the land registry office, pay an administration fee of 45 ytl for stamping the contract and it is then done. The fees only occur if you use your advocate to draw up power of attorney and expect them to take the contract for stamping at the land registry office.

Some advocates did not ask their clients to pay the 0.5% stamp duty within one month of signing their contracts. Unfortunately if it is not done then the price is doubled to 1% after 6 months and 1.5% if left a further 6 months.

There is much confusion with regards to the payment of stamp duty and I believe the HBPG are suggesting that people do not pay it yet as they are suggesting an amnesty allowing purchasers to be responsible only for the 0.5% and the builder/estate agent being responsible foranything above this amount. Has anyone by chance emailed the TRNC property information office? This will be my next response as soon as I've seen my advocate next week.



Tatlisu4me


Joined: 26/01/2008
Posts: 436

Message Posted:
30/01/2008 21:54

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Message 8 of 255 in Discussion

Hi Bradus



I asked my advocate last year( Nov 07 ) if there was anything I could do to prevent my builder from taking out a loan/mortgage on the villa/land I was buying, the reply was no.

I got a mail from the advocate 2nd week of Jan telling me of this new law and could I please send out 1.5% of valuation + £200.00 advocates fee + £20.00 land registary fee. I agree I might have been able to do this myself but not in the TRNC untill the summer.

A lot of money but hopefully piece of mind !



Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
30/01/2008 22:14

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Message 9 of 255 in Discussion

Hi Tatlisu4me,



We paid our 0.5% within 21 days of signing the contract on the advice of our advocate. So we just need to pay the registration stamp now. Stamping the contract was something that you could do and was a legal requirement if you ran into trouble and needed to go through the courts but it was not routinely or legally required so many solicitors didn't do it. I do think though that all those solicitors who did not inform their clients of the increased stamp duty costs should pick up the late payment charges as the fault is theirs. I wonder if some people run into trouble or don't get such good advice because they seem to deal with the estate agent far more than the solicitor? Why do people send hugh amounts of money to the estate agent rather than their advocate? Surely all stage payments would be better sent to your legal representative? This law is however a step in the right direction and does afford more new buyers protection that did not exist before. Are you in the process of having property built?



Tatlisu4me


Joined: 26/01/2008
Posts: 436

Message Posted:
30/01/2008 23:38

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Message 10 of 255 in Discussion

Hi Bradus



Yes at Mayfair Park Tatlisu, I did a lot of homework on the TRNC and knew about the Land registary fee and KDV etc, but when I asked the advocate in Jan 07, the sliding scale i.e 0.5% - 1% - 1.5% was never mentioned only its 1.5% and thats from a very well known TRNC advocate.



P.S I dealt direct with builder and advocate



davidoff


Joined: 21/04/2007
Posts: 438

Message Posted:
31/01/2008 01:33

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Message 11 of 255 in Discussion

Hi all,



I am wondering if I can do this all myself now anyway as I just want to know its been done- For my own peace of mind?



Anyone already done this andd what do I need to do??

Can you just turn up at kyrenia court or do you need to make an appointment??



Lack of response from our overly paid lawyers is really starting to P**s me off!!!!



Barrovian1



Joined: 16/11/2007
Posts: 95

Message Posted:
31/01/2008 05:13

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Message 12 of 255 in Discussion

Hi Bradus



Thanks for the advise.

As we have payed our 0.5% stamp duty, I think that the way to go is to take the contract to the Land register, and pay the YTL 44.50 and get our contract signed.

Anybody know were the Land register office is?.



Solicitors fees of GBP 350 + YTL 44.50 + UK/TRNC bank charges - I thought that Dick Turpin was long gone.



Bob.



marik


Joined: 15/12/2007
Posts: 88

Message Posted:
31/01/2008 10:23

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Message 13 of 255 in Discussion

Dick Turpin emigrated to North Cyprus and bred like crazy

LOL





Just thought I would make you smile



Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
31/01/2008 11:26

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Message 14 of 255 in Discussion

I understand that a complaint has gone before officials requesting more time to be given to people to get stamp duty , and also a possibility that just the 0.5% be paid , think we all need to wait a week or so to see what the outcome of all this will be.



Barrovian1



Joined: 16/11/2007
Posts: 95

Message Posted:
31/01/2008 11:37

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Message 15 of 255 in Discussion

Good idea PIPIE



Bob



rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
31/01/2008 14:27

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Message 16 of 255 in Discussion

I've spoken to my Estate Agent (by phone from the UK - free international landline calls to Cyprus through Talk Talk - not to mobiles though) who says that following representations from lawyers/estate agents; the government has agreed not to implement the 3 month rule for those contracts signed before 1/1/08. This was because of the hundreds of people all over the world who could not comply. Whether this is correct I (and it appears most people in TRNC) I know not.

Martin



Milou


Joined: 15/10/2007
Posts: 425

Message Posted:
31/01/2008 15:49

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Message 17 of 255 in Discussion

Rtddci



Thanks for informing all of us - it was my intention to wait to see what the final outcome would be and will wait a little longer as I feel things are going to change.



Regards



stevie-d



Joined: 13/07/2007
Posts: 1420

Message Posted:
31/01/2008 18:18

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Message 18 of 255 in Discussion

This makes interesting reading, extract from a an e-mail from HBPG .

Please read this link on our website http://www.hbpg-trnc.net/documents/stampduty.html. After fighting for the amnesty which we should hear about by the end of this week, it transpires that the late penalty and registration fee is payable by the vendor and all buyers should ever pay, regardless of when it is paid, is 0.5% of the contract sales price. Please beware, and tell as many people as possible, that lawyers are trying to charge buyers in the region of £250 for doing this now when they should have ensured that the contract was legal when you signed. I have been asked to let buyers know this and also to tell them not to pay stamp duty until we have the government's decision on the amnesty.

stevie-d



flossie


Joined: 01/04/2007
Posts: 65

Message Posted:
31/01/2008 20:58

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Message 19 of 255 in Discussion

Hi Stevie,



What do you suggest we do if we are on the verge of applying for our electric meter? Our builder has power of attorney as we are in UK until end of March. Electric is very imminent. I wonder if Kibtec will also give a temporary amnisty?

Anyone applied for a meter in the last week or so?



flossie



lippylush


Joined: 29/12/2006
Posts: 197

Message Posted:
31/01/2008 21:28

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Message 20 of 255 in Discussion

Flossie



Does this also mean you have not had your contract stamped, which begs the question as to whether Greatstone buyers are all in the same position. I have emailed said builder and been told it's not their problem. Reliable sources say there is no amnisty being offered by Kib tec so we can't get electric until our contracts are stamped!!! Thank goodness for our back-up generator.



Regards Sue and Dave



McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
31/01/2008 23:24

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Message 21 of 255 in Discussion

Some Lawyers are trying to charge £350 for this "service" which is outrageous.



All they have to do it get the contract stamped.



They know most people cannot come over and do it themselves and are seeing it as a big cash earner.



MC



davidoff


Joined: 21/04/2007
Posts: 438

Message Posted:
01/02/2008 00:57

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Message 22 of 255 in Discussion

Hi all,



SORRY still a bit dizzy on all this???



But I take it that by paying the atamp duty and getting it stamped at the land registry office then thats all you have to do????



What I mean is that paying the stamp duty and getting the contract stamped it becomes registered???



Or do you have to apply ALSO for a seperate registration at another cost also????

Basically go through two different processes- I pressume this all happens in one go i.e- contract stamped , tax paid contract registered???



I know what I mean but cant seem to find the wording right now!!



Milou


Joined: 15/10/2007
Posts: 425

Message Posted:
01/02/2008 11:05

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Message 23 of 255 in Discussion

Davina



Firstly, you need to pay the stamp duty before you can register at the Land Registry. The advice to date is for anyone who has not paid to wait to find out whether an extension of time will be granted and whether there will be an amnesty whereby the government will either wave this fee completely or only charge 0.5 percent.



Some solicitors are advising people to send the 1.5% for stamp duty but that they will wait to hear an announcement from the government and if this doesn't transpire then they will have the money ready to go ahead. They advise that if an extension of time is not given and they then pay the full stamp duty, they cannot be held responsible, if at a later date an announcement is made. Furthermore, if the full stamp duty is paid and the Government abolishes this or reduces it, then you won't be refunded by the government department.



I am trying to find out, assuming that husband and wife have purchased in joint names, whether it's necessary for both parties to be present in the TRNC if they decide they want to do this themselves? If anyone knows, please can you post.. Many thanks.



Regards



davidoff


Joined: 21/04/2007
Posts: 438

Message Posted:
01/02/2008 13:17

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Message 24 of 255 in Discussion

Hi all,



Im sure that like other places around the world that if hubbie and wife purchase that both have to be there!!



But if solicitor has power of attourney already from both of you then your covered and they can do it on behalf of both of you!!



Also I think that everyone trying to register within 3 months is unrealistic- As NC has a slow process!!!



I wish theyd change the PTP process and give us a 3 month deadline -that would be great instead of having to wait 2 years!!



Glad were getting somewhere finally- So I can start slepping again at nights now!!!!!!!



Take care-D



rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
01/02/2008 20:00

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Message 25 of 255 in Discussion

Whilst still waiting for my PTP (since Nov 05) this is another reason for sleepless nights! All I have is the original contract, a completed apartment and trust in the builder. If the correct legal position and what to do (with sufficient time to do it) was properly published then perhaps myself (and no doubt many others) could sleep more soundly (and the lawyers make less money or be able to show what they are being paid for!).



Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
01/02/2008 22:00

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Message 26 of 255 in Discussion

Whats so annoying is why did the advocates not advise people to pay the 0.5% stamp duty at the contract stage of 21 days? They are being paid to act in their clients interest and are certainly not doing this and as a result people end up paying more than they need have. I can understand the advocate not recommending to have the contract stamped as this has only just become a legal requirement upon the introduction of the new estate agent law. Prior to this it was not worth paying the registrtion fee unless you ended up going to court. Fly to TRNC tomorrow so hope to get to bottom of this and will post if I am given any sound advice that will clarify to all.



rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
01/02/2008 22:04

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Message 27 of 255 in Discussion

Have a great trip and I look forward to hearing what you have discovered when you get back.



Notsoboredhw


Joined: 15/03/2007
Posts: 1254

Message Posted:
01/02/2008 22:05

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Message 28 of 255 in Discussion

This is what has annoyed me a bit Bradus in that although when we took up our solicitor's services (half way through purchasing our apartment we sacked our first lawyer and then took on another) we were sent all the paperwork and information package not at any stage during or after we had signed the contracts were we asked whether we wanted to pay the 0.5% stamp duty and it was just left. I guess it was my fault for not chasing it up but I guess at the time I didnt think anything of it until after such time when I realised it was too late. Surely when we were sent our contract there should have been a sentence which said "If you would like to pay 0.5% stamp duty now then please send your money" and I would have happily done so. Now it looks as if we will have to pay an extra £500.



paul90


Joined: 07/11/2007
Posts: 350

Message Posted:
01/02/2008 22:34

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Message 29 of 255 in Discussion

Bradus - it is not entirely fair to say "the advocates not advise people to pay the 0.5% stamp duty at the contract stage of 21 days".

Our advocate, Naomi Mehmet explained the situation fully when we had our first (free of charge meeting with her). And we paid 0.5% on signing.



See her web site http://www.nmplegal.com/information_and_links.php

and inparticular the page on taxes etc:



http://www.nmplegal.com/pdf/GUIDE-TO-TAXES-FOR-PROPERTY-TRANSACTIONS.pdf



jac k


Joined: 15/10/2007
Posts: 77

Message Posted:
01/02/2008 22:45

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Message 30 of 255 in Discussion

Hi all! I got email from my solicitor (Naomi Mehmet) yesterday about the new legislation & fees for registering on our behalf (350 + land reg. fee) but need to give Pow. of Att. (requiring a trip to London UK to have this authorised). Since we paid our stamp duty back when Contract was signed I think it'll be less costly to come over to N.c. & do it myself - I need to know, however, if I can do this on behalf of hubby (co-owner) or will he need to go in person? If this is the case then maybe awarding solicitor P.O.A. will be cheaper...? Naomi Mehmet was honest & up front about all taxes & costs even b4 we instructed her so I would recommend her to anyone (if you need a lawyer). There is a paragraph in my sol's email, however which does raise some questions about multi-dwelling sites & potential for problems but hopefully from what I've read above, hopefully all will be ironed out in the review....?

If anyone does know if I can register on behalf of hubby can you let me know?



Cheers - good luck!! Jac x



Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
01/02/2008 23:30

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Message 31 of 255 in Discussion

Paul90,

Like you I am one of the lucky ones whose solicitor explained fully about the sliding scale stamp duty so we only paid the 0.5%. My point is that others on this site and it appears other forums were simply not informed and I still feel this is sheer negligence. Is it just me or do others assume that if you are paying for your conveyancing you expect your advocate to act in your best interest? That would include saving you money and time by explaining your options.

Sorry to hear you experienced this BHW. I agree entirely with your comments.



£350.00 is a bit pricey, others are doing it for £200 - £250.



Others lucky enough to be in TRNC are collecting their contracts going to land registry office and paying the admin fee of 45 YTL.

Next obstacle PTP?



Which ever route you chose I'm sure it will be worth it in the end. Have a nice weekend and I'll be thinking about you all from the Pia Bella supping my effes!



Notsoboredhw


Joined: 15/03/2007
Posts: 1254

Message Posted:
02/02/2008 00:10

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Message 32 of 255 in Discussion

Bradus our lawyer is Naomi Mehmet and whilst I am very pleased with how everything has gone with her I did expect her to say at some point between sending her initial information pack out via email and signing contracts which was months' later to ask us whether we did in fact want to pay 0.5% stamp duty and this was the date you need to pay it by - we did not hear anything about it. We only got the initial information regarding taxes, PTP, etc etc (which I am sure is a standard package that goes out to people) but at no point were we reminded months' later when we could actually pay it. Not a word was mentioned. We got the contract in the post with a covering letter asking us to get it witnessed by someone and sign every page and that was it. No more mentioned about anything and if we wanted to know how things were progressing we had to e-mail her and I have to give her credit she did always e-mail us back very quickly but my point is (and having worked for lawyers since I was 16 and I'm not going to tell you all how old I am now!!!!) I know its standard practice (and good practice) that lawyers should remind their clients as and when things happen (or should happen). I am not saying Naomi is a bad solicitor - far from it - we are very pleased - just a bit disappointed that we werent told exactly when we should send more money over to pay or even have been offered at the outset when we paid our initial legal fees to her to send the 0.5% stamp duty as well. If we are being charged £350 and others are being charged £200 then I dont see why we cannot take our contracts to another lawyer and get them to register it!??? Lawyers are a pain in the ar*e when it comes to fees - they will screw you for every bloody penny and it really p*sses me off. I have seen lawyers who I work for not take calls because they are busy! Well its b*llshit - and then when they do finally call them back they charge something like £25 per phone call!!!!!



Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
02/02/2008 00:31

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Message 33 of 255 in Discussion

bhw,

I too worked in a solicitors office but only for a couple of years and decades ago. Yes I agree they sure know how to bring in those ££££'s.

You seem to be enjoying a good rant these days? Made me smile to see you get a bit "uptight" with your b*llshit and p*sses........is this your real photo now? Go for it girl get rid of all that pent up aggression.

Kind Regards



Sue

p.s this reply has cost you £25.



Notsoboredhw


Joined: 15/03/2007
Posts: 1254

Message Posted:
02/02/2008 00:37

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Message 34 of 255 in Discussion

LOL - Bradus!!!!!! Yes do you like my real photo!!! Much improved from the last one I think!!!! My reply has cost you £30 - my hourly rate went up didnt I tell you!!! (that's another classic!!!!!!!).; You like my ranting! I promise tomorrow it will stop!!!!! LOL



davidoff


Joined: 21/04/2007
Posts: 438

Message Posted:
02/02/2008 01:52

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Message 35 of 255 in Discussion

Hi all,



Sorry to rub salt in the wound but I used G&G and they are charging £200 for the registration and I still thought that was expensive considering it cost you £20 to do it yourself!!



Take care-D



Notsoboredhw


Joined: 15/03/2007
Posts: 1254

Message Posted:
02/02/2008 12:17

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Message 36 of 255 in Discussion

I think if there is no rush to do it i.e. our contracts were signed before 1/1/2008 I think we will do it ourselves when we come over in May (that's as long as we dont have to do it before 31 March). Will see what solicitor advises us.



jmg171


Joined: 19/05/2007
Posts: 183

Message Posted:
02/02/2008 16:58

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Message 37 of 255 in Discussion

How can solicitors charge to get a stamp on your contract?I was under the impression it was part of the buying process which is part of the fee you paid when you employ their service.We paid our stamp duty when we signed our contract back in feb07.

jackie



rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
03/02/2008 00:45

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Message 38 of 255 in Discussion

I've just heard a rumour (third hand) that allegedly the electric company is threatening to refuse you a electric supply if you can't produce your stamped contract or alternatively cut your supply off (even if it's in your name already) if again you can't produce the stamped contract.

Has anyone heard of this?



Tatlisu4me


Joined: 26/01/2008
Posts: 436

Message Posted:
03/02/2008 11:16

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Message 39 of 255 in Discussion

The new law will prove that you are the sole owner and you will need your contract to be stamped for the electric supply to be connected.



stusimpson


Joined: 06/08/2007
Posts: 178

Message Posted:
03/02/2008 15:15

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Message 40 of 255 in Discussion

Hi ,



Has everyone heard from Naomi Mehmet regarding this new procedure,I have heard sod all as usual,and will indeed be joining bored housewife and giving them an earful tomorrow morning.They have had power of attorney for me on my thalassa property(if it ever appears) since last june.



I personally think they are great initially but drag there heels after that.If indeed they haven't contacted me for no reason I'll be letting Naomi know her duty of care is somewhat lacking.



So I'd be interested to hear who else has been kept in the dark.



Cheers stu



P.s Sorry Martin I kept meaning to call you re thalassa can you resend your no!



Colliedog


Joined: 16/03/2007
Posts: 132

Message Posted:
03/02/2008 16:05

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Message 41 of 255 in Discussion

Hi stu,



Seemed to have read on another forum, Naomi Mehmet is on holiday Jan & Feb back the end of this month. Thats why no emails.



regards



Colliedog



Notsoboredhw


Joined: 15/03/2007
Posts: 1254

Message Posted:
03/02/2008 16:12

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Message 42 of 255 in Discussion

Naomi is on holiday until 25 February. We had a response from one of her assistants who said they would be getting in touch with every client in due course about the procedure.



You do need to have your contract stamped if you want your electric meter changed into your name but ones already changed into your own name are not affected. This was confirmed by our developer.



McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
03/02/2008 20:46

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Message 43 of 255 in Discussion

It is true Naomi is on holiday till the end of Feb. If you send her an email you will get an "out of office" message back.



I have queried how they can justify charging £350 for this service and the answer I got back was, that they will not enter into any discussion regarding their charges.



I only got contacted I'm sure because I emailed them asking the question of them. I too think they are taking everyone for a ride over this issue. Conveniently she is now on holiday the day others from her office starts to send out information on what they are going to charge customers for the pleasure.



jmg171


Joined: 19/05/2007
Posts: 183

Message Posted:
03/02/2008 21:07

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Message 44 of 255 in Discussion

If you paid your stamp duty from day 1 your contract should be stamped by the tax office.Solicitors are charging to take the contract to the land registery to register your property...well thats may thinking anyway.

We paid naomi for the services of our property purchase and land registery is part of that process.It just means now they have a little bit of work to do for their money!!



dodger



Joined: 29/07/2007
Posts: 1895

Message Posted:
03/02/2008 22:03

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Message 45 of 255 in Discussion

If anyone is still having doubts about the new laws look on the carrington nothern cyprus website and look for new property law urgent please read hope this helps,

Paul.



Notsoboredhw


Joined: 15/03/2007
Posts: 1254

Message Posted:
03/02/2008 22:57

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Message 46 of 255 in Discussion

I just want to copy you in on something our solicitor sent us - it was her initial client care letter and the following was stated:-



Services to be provided =

1. Drafting of contract of sale etc etc

2. Carrying out Land Registry searches etc etc

3. Where appropriate checking relevant building permissions etc etc

4. Applying to Ministry for PTP and tracking it.

5. CARRYING OUT TRANSFER OF TITLE AT THE DISTRICT LANDS OFFICE.



No surely point number 5 is exactly what they want to charge more money for???



In the next section on her client care letter is states =



2. Legal fees

The legal fees for the above legal work will be a FIXED FEE OF £ including VAT. This fees does not include drafting of other documents or any other legal work OTHER THAN THE ITEMS MENTIONED ABOVE.



How can they possibly charge you twice???



It seems to me that we were sent our original contract after signing. Our vendor has signed it on every page too and its not a photocopy. Whats to stop us from having our own Power of Attorney drawn up and send it to a friend together with our Stamp Duty and cut out the bloody money grabbing middle men??

I dont want to slag our solicitor off because they have done a really good job and we have been pleased but when I hear people want to charge another £350 for this service it really winds me up.

How can we get round this?

Everyone has to get it done by April regardless of when they signed their contract.



Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
04/02/2008 00:40

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Message 47 of 255 in Discussion

Hi when you say we have to get i done by April , does that mean we have had a response from the home buyers pressure group as they were ofically awaiting a plea for amnesty (crikey sounds like we have all commited a crime )lol



Notsoboredhw


Joined: 15/03/2007
Posts: 1254

Message Posted:
04/02/2008 10:25

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Message 48 of 255 in Discussion

Like what Dodger has said if you go into Carringtons website some information is there but only going on what they have said. I have also emailed our agents to find out what they have been told.



paul90


Joined: 07/11/2007
Posts: 350

Message Posted:
04/02/2008 10:27

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Message 49 of 255 in Discussion

Received the following from the office of Naomi Mehmet.

You can draw your own conclusions and comment appropriately.



Dear Client,



You may be aware that legislation has recently been introduced to regulate estate agents in North Cyprus. These laws took effect on the 2nd January 2008 but have been applied retrospectively to all Contracts of Sale signed before that date where the purchaser has not yet received title. We are writing to all our clients to inform you of the ramifications of this legislation.



You will appreciate that we cannot send individual emails to every one of our clients so if you have sold your property, or if the sale is not continuing for some reason, please disregard this email as no action is required by you.



The main points of the legislation, which would relate to your transaction, are as follows:



1. All Contracts of Sale, signed before 2nd January 2008, must be registered at the Land Registry within the next three months.



2. Once the Contract of sale is registered the purchaser is protected against the land being sold, or mortgaged, to a third party.



3. Once a Contract is registered, if there is a litigation dispute between the parties resulting in a successful court judgement being obtained against the vendor the Court will then have the power to make an order for specific performance forcing a vendor to transfer title to the purchaser. This was not previously possible, only compensation was awarded to purchasers in such cases. Unfortunately, the Court process means that the necessary Court action can be a lengthy procedure and the law has not made any changes to the procedures for litigation



Although the legislation is primarily intended to protect purchasers from unscrupulous Agents, many Vendors are claiming that it goes over and above what is actually necessary and the practicalities have not been properly thought out. The law also encompasses property developers, landowners and others who may be selling property. The legislation is already proving controversial and we understand that following many complaints, steps may be taken to try to modify certain parts of the legislation. Vendors are concerned that the registration of one Contract could affect the whole site which could potentially cause problems for them, especially on developments with more than one dwelling; where the first to register their Contract may have the power to prevent transactions regarding the rest of the site. They will also be forced to pay capital gains tax on the full amount of the transaction, indicated on the Contract of Sale, rather than on the Land Registry valuation, as was previously the case.



Given that your Contract of Sale was signed before 2nd January 2008, we have just over two months in which to register it. It was not until the last few days that the Land Registry were able to carry out this process and as there are many thousand such Contracts there is a high probability that they will not be physically able to process them all, in such a limited time. We have spoken with the head of the Kyrenia Bar, Av. Mustafa Guryel about this and he informed us that he has submitted a written complaint to the TRNC Ministry of the Interior as it is unfair to impose a three month deadline when it is likely to be physically impossible to register the Contracts. We are awaiting the outcome of this. The legislation does not impose any penalties against purchasers for failing to register a Contract of Sale within the three month period although failure to do so would mean that you will not be offered the increased level of protection as mentioned above. In addition, if a dispute arises between you and the Vendor, the Contract of Sale may not be given as much weight as it would have been had it been registered and this may significantly prejudice your chance of winning such a case



ilovecyprus


Joined: 08/05/2007
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Message Posted:
04/02/2008 10:50

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I received the same last night paul90. A starting point, may be to ask Naomi and Partners how they justify being £100/£150 more expensive than most of the other solicitors, being used by other members on this forum. What extra do we get for our money?



paul90


Joined: 07/11/2007
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Message Posted:
04/02/2008 11:14

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I know what you mean Mark.

My own feeling at the moment is to wait a while before doing anything (I paid stamp duty at 0.5% last May).

It is clear that registration is not compulsary - and that the deadline may be extended.

I will be in Cyprus for completion at the end of April and would rather do it myself than pay £350. However I would need to get a copy of identification of the Vendor (or take him with me).

I will give it further thought in the next week or so.



ilovecyprus


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Message Posted:
04/02/2008 11:27

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Let us know what you decide Paul. I will hope to look at it in more detail over the next week or so.



Barrovian1



Joined: 16/11/2007
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Message Posted:
04/02/2008 11:47

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I am going over at the end of this month, I think I will pay the Land Register fee myself, anybody know where abouts the office is?



Bob.



McSteviet



Joined: 11/05/2007
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Message Posted:
04/02/2008 13:23

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Mark,



I have already asked them to justify their fees and they have refused to do so, stating that they are not prepared to enter any discussions regarding their fees.



I will be pleased to hear from the first person that goes over and does it themselves and prove what a rip off these charges really are.



MC



Notsoboredhw


Joined: 15/03/2007
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Message Posted:
04/02/2008 13:43

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I may chance it and do it when we come over in May - the likelihood of someone coming and taking our apartment - one of 411 I think is unlikely. I am certainly not paying £350 for solicitors fees plus probably another £100 for POA and have to go into London (which isnt a problem as we arent that far away - but what a hassle). Like Naomi says the likelihood of all these contracts being registered by the cut off time is probably unlikely. I think we will risk it and do it end of May instead.



jmg171


Joined: 19/05/2007
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Message Posted:
04/02/2008 14:01

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BHW,

I have made that point before!we have already paid for these services.

We have 2 properties and there is no way I am handing over £700.Stamp duty and land registry would have been part of the process when your permission to purchase came through.



Notsoboredhw


Joined: 15/03/2007
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Message Posted:
04/02/2008 14:19

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jmg - what did they say when you said this? I might be inclined to say - OK if you are charging me £350 plus Land Registry fees please reimburse me for the fees I already paid you at the beginning for these services - surely they cannot charge us twice? Am I missing something or being daft here but that's what it looks like. What are you going to do them JMG - are you going to do it yourself and save all that money? I really am inclined to take the risk for a couple of months - after all we have had our apartment now for about 8 months and if something was going to happen it could have happened during that time!!!



What is everyone else doing - are you all prepared to pay more money to your lawyers?



Notsoboredhw


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Message Posted:
04/02/2008 14:21

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p.s. And surely if you already have POA with your lawyer and that is sufficient for the purposes of having contract registered at Land Registry then why cant lawyers draw up the same POA instead of now having to post it to us and us having to go into London - that's what I dont understand - if they are accepting old ones why cant we do it that way as well?????



jmg171


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Message Posted:
04/02/2008 14:45

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We will be over end of march and we are going to register ourselves.I would like to have a break down of the £350 costs x 2. To top it all it dosn't even cover land registry.What a F in ....liberty



Notsoboredhw


Joined: 15/03/2007
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Message Posted:
04/02/2008 14:51

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Is anyone else going to do it themselves and if so where do we go and what do we need (or is that all listed in Naomi Mehmet's email what we need)?



Pipie


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Message Posted:
04/02/2008 14:54

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i will waiting to see if home buyers pressure group to see if they have managed to get an amnesty on this new law , we should all be hearing in the next week or so .



McSteviet



Joined: 11/05/2007
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Message Posted:
04/02/2008 15:23

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I will wait a few weeks to see what develops, but we are due to come out in March for other reasons, so I fully intend to do this myself.



MC



Barrovian1



Joined: 16/11/2007
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Message Posted:
04/02/2008 15:26

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I'm with you on that one mate.



Bob.



jmg171


Joined: 19/05/2007
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Message Posted:
04/02/2008 15:40

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BHW have you seen the article on the HBPG 2nd feb .I think we should all wait and see what the out come will be



Notsoboredhw


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Message Posted:
04/02/2008 16:10

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No I havent seen it - how do I get into it? I tried the page listed in message 18 but it says incorrect page.



McSteviet



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Message Posted:
04/02/2008 16:15

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BHW



Try this http://www.hbpg-trnc.net/documents/Press/CT020208_stampduty.html



MC



stevie-d



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Message Posted:
04/02/2008 16:19

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If you go into this link http://www.hbpg-trnc.net/ And look at Goverment Directive/Stamp Duty. Sorry about message 18, it was me who posted it.

( Thats what happens when you cut and paste )

stevie-d



Pipie


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Message Posted:
04/02/2008 16:45

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latest news on home buyers pressure group dated 2/2/08 very interesting



Notsoboredhw


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Message Posted:
04/02/2008 16:52

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How do you get to read the latest news because when I went into it it said updated 27 January.



Many thanks Stevie-d - interesting reading. Will sit tight on this one!



Notsoboredhw


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Message Posted:
04/02/2008 16:54

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Sorry just found the latest news



jmg171


Joined: 19/05/2007
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Message Posted:
04/02/2008 17:09

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From what I have read it down to the vendor afterall.....they own the properties.And like we said BTW solicitors have been paid for their services as far as I am concerned.I feel when it comes to stamp duty...which we have already paid! for those of us who haven't it states in your contract stamp duty to be paid by purchaser



norths4me


Joined: 19/04/2007
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Message Posted:
04/02/2008 17:49

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Just received email from Naomi Mehmet & Partners. £350 what a total rip off. That is not doing her company any favours as the posting can prove. I apid

£1200 and got basically nothing for it and now this. Disgraceful



Notsoboredhw


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Message Posted:
04/02/2008 18:15

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We should stand our ground and wait and see what happens but at the end of the day I am not paying another penny to our solicitors for services we have already paid for. Bloody outrageous. I need wine!



norths4me


Joined: 19/04/2007
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Message Posted:
04/02/2008 18:20

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According to the Article in the Cyprus Today newspaper it is up to the Vendor to lodge the sales contract and not up to us.



Notsoboredhw


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Message Posted:
04/02/2008 19:09

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How do we know what is right and what is wrong because what we are reading is different from what the lawyers are saying? UKTurk you know anything about this?



simbas



Joined: 16/07/2007
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Message Posted:
04/02/2008 19:29

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Hi all , i have contacted troy lake {our builders } and have been told we dont have to do anything and there is no monies to be paid ??

kind regards simbas



Bruno


Joined: 10/01/2008
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Message Posted:
04/02/2008 19:37

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Hello to you all,

I just posted something on the Crstal Bay Marina web-site asking about all the above and I'm glad I had a look on here as it has beeen very useful getting all your comments. Like a lot of you I paid the stamp duty at the time of purchase which was 5% thought I would do this to save some money, however I too wonder why we are being asked for £350.00 it all seems a little shaddy to me. I think we would all like peace of mind knowing that the property is ours but not at that price, I too am with Naomi Mehmet and found her to be up front and helpful but have to say it's taken the shine off a little.

Thanks to you all.

Bruno



davidoff


Joined: 21/04/2007
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Message Posted:
04/02/2008 19:39

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Message 78 of 255 in Discussion

Hi all,



Simbas- Have you paid your stamp duty already then???



As from what I read this is when the property and deeds is transfered into your name for ownership!!



Otherwise I d question has it been done- and if not then why are they saying you dont have to pay is this because youve already paid and has the solicitor gone to the registry office to do this already???



Sorry for the questions-as Im just a bit confused???



Take care-D



Tatlisu4me


Joined: 26/01/2008
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Message Posted:
04/02/2008 19:57

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Message 79 of 255 in Discussion

The most important thing about this law is that it PROTECTS the purcaser against the builder taking out a charge/mortgage against your land/house (This was one of my main concerns after hearing about other sites/builders taking out a loan and the title deeds being no use to you).By paying the 1.5% this is a small price to pay, with the land issues etc its piece of mind.



paul90


Joined: 07/11/2007
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Message Posted:
04/02/2008 20:10

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Message 80 of 255 in Discussion

Mal - agree with your comments on Protection.

But nobody should have had to pay more than 0.5% in the first place.

And advocates should not be charging as high as £350 when you could do it yourself for about 50YTL if you are in TRNC before 6 April.



davidoff


Joined: 21/04/2007
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Message Posted:
04/02/2008 20:24

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Hi all,



I agree tatlisu- But its just furiating that we are all paying big fees in the first place for our solicitors and then to find out that they do virtually nothing for their fee then try to charge us OUTRAGEOUS FEES ONTOP OF THIS FOR EVERYTHING ELSE!!!



Which most thought were already included in the original fees anyway!!!



But hey your right- For peace of mind long term its worth it!!!



Take care-D



jmg171


Joined: 19/05/2007
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Message Posted:
04/02/2008 20:44

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Message 82 of 255 in Discussion

Maybe I am on the wrong line of thinking here but when your application is put to the land registry for permission to purchase and you payed your stamp duty from signing of contract surely that is enough for the land registry.Why does a contract of sale have to be registerd twice ?



jmg171


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Message Posted:
04/02/2008 20:50

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Message 83 of 255 in Discussion

I am hearing on other sites that some solicitors are approaching vendors to register the propertys of purchasers.



paul90


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Message Posted:
04/02/2008 21:01

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Message 84 of 255 in Discussion

Jackie - I think that the TRNC is trying to drag itself into the 21st century and get property laws up to the same standard as in the UK.

New purchasers will need to register only once.

But people who contracted before 2008 just need to register retrospectively - but please note that it is not compulsary, although it does give you more protection.

If you have paid stamp duty then your contract should have already been stamped by the Tax Office - which enables you to get your electricity meters etc.



Lozzie


Joined: 17/05/2007
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Message Posted:
04/02/2008 21:08

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Message 85 of 255 in Discussion

Hi all

We too are with Naomi Mehmet but to-date have not received any e mail regarding the new law.

We also paid £1200.00 fees and like BHW thought that point 5. Transfer of title deeds at district land office. would have covered this. We are out in April and will do this ourselves as the charge of £350.00 is outrageous.



rtddci


Joined: 29/12/2007
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Message Posted:
04/02/2008 23:05

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Message 86 of 255 in Discussion

I wonder what the solicitors charge locals?



Georgie


Joined: 10/01/2008
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Message Posted:
04/02/2008 23:05

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Please go to the HBPG and read The article by Ian shepherd in the Cyprus Today Paper



ronaldo


Joined: 14/11/2007
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Message Posted:
04/02/2008 23:50

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Message 88 of 255 in Discussion

Hi there every one new to this site. I have just heard from a friend that the stamp duty has been reduced from 1.5% to 1% today confirmation required has anyone else heard?

Regrds



dodger



Joined: 29/07/2007
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Message Posted:
04/02/2008 23:53

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AND IT MAY BE REDUCED TO 0.5%



Pipie


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Message Posted:
05/02/2008 00:09

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Message 90 of 255 in Discussion

Not heard but i wish re message 88



Milou


Joined: 15/10/2007
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Message Posted:
05/02/2008 11:57

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Hi Gang



My understanding is that the builder/developer also has to register. For you to be able to register you need:

- receipt of stamp duty

- Copy of builder/developer's land registration certificate



BWH asked the question why do we need to register twice. My understanding is that the first time is to protect the buyer whilst the unit is being built from anyone being able to sell it to someone else. In effect the property still belongs to builder/developer until completion. By making both parties register, effectively cross references the build which will stop any furture problems and give you full protection.



The next land registration is when the unit is completed and your solicitor then applies to land registry for you to take full title. Most solicitors have included this registration in their fees but not the first.



Please don't get cross with me.....I ask that you take a balanced view..... I agree that solicitors' charges are excessive but this is not the government's fault but rather supply and demand....the same kind of thing that happens in UK when you try to find a plumber. As far as the TRNC government only now sorting this out... every night I watch the news in UK and ask myself, why didn't they do this ten years ago.... why have they spent billions of our money in doing that and changing things back to ten years ago and just wasted billions again and so it goes on....



I spent ten years as a legal secretar in UK and I promise you, I ripped off plenty of people - we charged phone callls by fifteen minute slots, so if I spoke to a client for 1 minutes, I still had to write up the file as 15 minutes!!!!



Unlike the UK, the TRNC is a young democracy with many fanancial constraints because of endless embargoes... she has gone a long way to protect us home owners.



Much regards



simma



Joined: 03/02/2008
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Message Posted:
05/02/2008 11:57

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Message 92 of 255 in Discussion

My solicitor Talat Kursat, has quoted me £200 and it needs to be done very soon. I'm waiting to hear back from remax about their role in this also from some friends on directions and know how on diy.



paul90


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Message Posted:
05/02/2008 12:19

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Milou

Please note that if you sign a contract to buy a property after 1 Jan 2008 you only need to register it once with the Land Registry, at the same time as you pay your stamp duty.

The confusion is for contracts signed before 2008.

The new law states "it is mandatory to have these (old) agreements registered with the district Land Registry Office and have the neccesary duties paid within three months from the announcement of the Ministry."

Therefore you have until 8 April.

However there is an interpretation that it is not compulsary because there are no penalties for not doing it.

But if you do not do it by 8 April you cannot do it afterwards (for old contracts) and you will not have the same protection in the future.

The advice is to do it and pay stamp duty at 0.5%.



Please note that you do not need an advocate to do it for you.

You can do it yourself or GET YOUR VENDOR to go along to the Land Registry and do it on your behalf. (it is also possible to give Power of Attorney to a friend to do it for you). The fee is minimal at about 45YTL.



Please see further details in message 49.



Pipie


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Message Posted:
05/02/2008 12:33

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Message 94 of 255 in Discussion

Paul90 . Are you saying that registry office will accept 0.5% ? i thought we are bieng asked to pay 1.5% . cheers



Milou


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Message Posted:
05/02/2008 12:35

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Hi Paul



Thanks - I forgot to mention pre and after Jan 2008.



Regards



paul90


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Message Posted:
05/02/2008 12:55

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PIPIE - maybe I shouldn't have put 0.5% since it is not clear yet.

My advocate wrote "If you have not paid the Stamp Duty already this will be payable at 1.5% of the Contract price. However, it has been reported that an announcement will be made by the Government in due course that the Stamp Duty payable in these circumstances will be reduced to 0.5%. We have not been able to obtain categorical assurance that this will happen and we would therefore advise you send the Stamp Duty at the rate of 1.5%. If it transpires that Stamp Duty is then reduced to 0.5% we will refund the 1% to you."



paul90


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Message Posted:
05/02/2008 12:59

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PIPIE - just a further note to my message 96:

I think that everyone will need to pay some stamp duty to get their contract stamped because you need to produce the stamped contract to get your electricty/water meters.



Pipie


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Message Posted:
05/02/2008 13:27

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Paul90 thankyou for promt response . Could ask that the register office has confirmed that they will refund any overpayment re the 1% ?



McSteviet



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Message Posted:
05/02/2008 13:31

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Paul,



Just to clarify, if anyone else is in the same boat as us and I'm sure there must be loads.



We have a Pre 07 contract and we have already paid the 0.5% Stamp Duty (Via Naomi Mehmet), so presumably, we have a Contract that has been Stamped at the Land Registry.



Do we have to get the contract registered again? And if so exactly what documents have to be presented?



Where exactly is the Land Registry Office, do you have to make an appointment, is it all done in one visit and are there English speakers there to take you registration and fee, along with any other questions you may have at the time?



Not sure if anyone knows the answers to these questions?



Regards

MC



paul90


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Message Posted:
05/02/2008 13:36

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PIPIE - in the past it seems that the tax office has never refunded overpayments.

Therefore if you have not yet paid any stamp duty wait a while until there is confirmation as to exactly what they decide on the %.



paul90


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Message Posted:
05/02/2008 13:46

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Steve - I agree with your paragraph 2. But ask Naomi if she has this stamped contract in your file (I have and still waiting for a reply).



Yes and No: The new law states "it is mandatory to have these (old) agreements registered with the district Land Registry Office and have the neccesary duties paid within three months from the announcement of the Ministry."

Therefore you have until 8 April.

However there is an interpretation that it is not compulsary because there are no penalties for not doing it.

But if you do not do it by 8 April you cannot do it afterwards (for old contracts) and you will not have the same protection in the future.

The advice is to do it.



To register the Contracts the Land Registry require the original and a copy of the Contract of Sale, the site and seating plans and a copy of the Title Deed, a copy of the Stamp Duty receipt and copies of identification for the parties together with an application form in duplicate and the appropriate fee.



Not sure if there is an office in Kyrenia but certainly in Famagusta.

That is all I know, I'm afraid.



If you bought from a reputable Vendor you could ask him to do it all for you.



Pipie


Joined: 05/01/2008
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Message Posted:
05/02/2008 13:50

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Message 102 of 255 in Discussion

Thanks Paul90



norths4me


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Message Posted:
05/02/2008 15:11

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Message 103 of 255 in Discussion

I have also asked N.Mehmet & Co for proof that the stamp duty which was paid to her office was paid to the tax office but no reply as yet.



McSteviet



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Message Posted:
05/02/2008 15:33

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Norths4me,



I have a copy of a receipt from the Tax Office, showing (I assume as it's in Turkish) that the stamp duty was paid, but not sure if that includes stamping of the contract though.



I find that I have to ask thenm all the relevant questions and then they answer, they are not proactive.



I was told on 6th November that my PTP would be applied for "immediatley", yet when I query it with them this week, they are applying for it now and would have a reference # next week. So in other words they did bugger all, until I pressed them about it.



MC



rtddci


Joined: 29/12/2007
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Message Posted:
05/02/2008 16:38

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Message 105 of 255 in Discussion

Worth reading the Cyprus Today article by Ian Shepherd posted on the website

http://www.hbpg-trnc.net/documents/Press/CT020208_stampduty.html



Martin



jmg171


Joined: 19/05/2007
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Message Posted:
05/02/2008 16:50

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Message 106 of 255 in Discussion

Hi MC our application for PTO didn't go in till july we signed our contract in feb.

Naomi will need another holiday by the time she has dealt with all her clients.

yeah ! I know what you mean about questions and anwsers.

I would love to know how many clients she has on file....maybe she has bitten off more that she can chew



rtddci


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Message Posted:
05/02/2008 17:23

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Message 107 of 255 in Discussion

At £350 Naomi Mehmet certainly takes the ...... biscuit!

Martin



norths4me


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Message Posted:
05/02/2008 18:40

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Message 108 of 255 in Discussion

I think with this £350 disgraceful & unjustified greedy charge she has done herself a lot of harm. She should come forward and revise her charge and save face



McSteviet



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Message Posted:
05/02/2008 18:56

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Message 109 of 255 in Discussion

John,



Fully agreed, are you going to ask her to do that?



When I asked for a justification, I was told that they were not prepared to enter into any discussion about their fees.



Don't forget Naomi is away at the moment.



MC



ilovecyprus


Joined: 08/05/2007
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Message Posted:
05/02/2008 19:40

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Message 110 of 255 in Discussion

Steve



Maybe we should post her this entire thread



norths4me


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Message Posted:
05/02/2008 19:56

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Steve I asked her right at the start how she could justify £1200 amd could she give me a breakdown of costs and was told the same as you that her fees were not up for discussion.



I think she will be fully aware of what has been said on this thread



Pipie


Joined: 05/01/2008
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Message Posted:
05/02/2008 20:19

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My solicitor told me there was a scale rate for solicitors to abide by perhaps you should ask that question , people who think they are bieng overcharged can look on the HBPG where there is a link to report complaints re solicitors overcharging not forfilling there obligations . Hope this helps .



McSteviet



Joined: 11/05/2007
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Message Posted:
06/02/2008 08:57

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Pipie,



I'll have a look at that, I might just do.



MC



Pipie


Joined: 05/01/2008
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Message Posted:
06/02/2008 10:40

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Message 114 of 255 in Discussion

yeah . All you have to do is E-mail you're solicitor explain that you understand there is a charging scale for there services , and are they working within those charge limits . a simple yes or no will give you an answer . Hope this helps .



davidoff


Joined: 21/04/2007
Posts: 438

Message Posted:
06/02/2008 10:49

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Hi all,



If I were you report the solicitors for obscene charges- There must be some kind of government body responsible?????



Yeet again...... this is NC were talking about??



larry f


Joined: 29/01/2008
Posts: 116

Message Posted:
06/02/2008 10:52

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Hi everyone, I'm new to the forum and I find all your comments very interesting an informative. We bought an apartment off plan last October in Lemon Grove Karaoglanoglu, through Henry Charles estate agents. Before we left we met with our solicitor Mr Aliriza Gorgun, and with the developer to sign the contract. On the same day we paid Mr Gorgun his fee and paid the developer a reservation deposit, I'm now confused as to the changes in legislation that you are reffering to, as we havent heard any thing from our solicitor about this. Also do you pay stamp duty when you sign the contract? as we were under the impression you pay stamp duty on completion. I would be grateful of any comments you have that might help me understand this a bit better, Thanks, Larry F



Milou


Joined: 15/10/2007
Posts: 425

Message Posted:
06/02/2008 12:01

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Message 117 of 255 in Discussion

Larry f



Welcome to the forum. There's been so much info on this topic - can I suggest that, maybe the best way for you to try to understand the question of stamp duty is to start from the top of this topic and read your way through - you will also see that some of the gang have kindly added some web pages and responses from their own solicitors. You will understand that the TRNC government are making changes to protect our interests and presently many of us are waiting for an announcement before we decide which way to proceed.



Good luck with the reading!!!



Pipie


Joined: 05/01/2008
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Message Posted:
06/02/2008 12:44

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Message 118 of 255 in Discussion

larryf .could i ask how much you're solicitor charged you ? and was you're solicitor recommended ?



larry f


Joined: 29/01/2008
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Message Posted:
06/02/2008 16:32

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Thanks for your reply Milou, I will read it again, more carefully this time.

To answer your question Pipie, my solicitor charged £1,200 He was recommended by Henry Charles Estates. He has excellent English and lectures in Law at the American University in Kyrenia. (He is the spitting image of Rumpole of the Bailey!!) They tried to get Naomi Mehet for us first but she was out of the country at the time, and as we were leaving the following day we wanted to get the contract signed before we left. We found him very efficient and very easy to talk to.



Pipie


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Message Posted:
06/02/2008 17:49

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Message 120 of 255 in Discussion

Thanks for info Larryaf



Pipie


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Message Posted:
06/02/2008 18:01

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Message 121 of 255 in Discussion

Thanks for info Larryaf



norths4me


Joined: 19/04/2007
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Message Posted:
06/02/2008 18:49

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Very Interesting article in the alternative home buyers pressure group website. http://www.homebuyerspressuregroup.com/ look at



"Clear as Mud (Cyprus Times 03-02-08)"



The article refers to the problems with the new law and basicly is saying that they think the contractors are up in arms over this new law and are refusing to cooperate and pay to get contracts registered. So the goverment will go for the easy option which is more monet out of us purchasers.

Interesting reading



norths4me


Joined: 19/04/2007
Posts: 269

Message Posted:
06/02/2008 19:12

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Here is a section of the above article which I have copied below





The Homebuyers Pressure Group say if you are asked to pay any more than 0.5% of your contract sales price please refer your lawyer/vendor to law 19/1963. From what I have seen the Advocates seem to be asking for 1.5% to pay the Stamp Duty, so again who is right? Surely Advocates here should be giving their clients proper professional advice and if, as is suggested, that any surcharges that need to be paid are the responsibility of the vendor why are they demanding them from the purchaser? Well I think I know why - because itís probably far easier to get the purchaser to pay than the vendor! From what I am hearing on the street developers are revolting and not prepared to cooperate, seeing that they will now be responsible for having to pay proper taxes they are trying all ways to reduce their liabilities. A number are suggesting that the only way they will cooperate is to rip up the original sales agreement and enter into a new one, with a significantly lower sales price, trying to sell the idea to purchasers by saying you will save money as stamp duty will be assessed on the lower value and as it is a new agreement you will only be responsible for paying Stamp Duty at 0.5%.

Perhaps it is time now for Advocates to stand firm on issues like this and prove to purchasers who they are really acting for, and ensure that the documentation now required is completed properly and lawfully, although getting the additional costs and surcharges from developers here will be likened to getting blood out of a stone!

That is no doubt why the Government is considering publishing a new Directive giving an amnesty on these surcharges, not to assist the home buyer so much but actually to get the developers out of a fix, by writing off surcharges in an effort to get their cooperation in getting the outstanding contracts stamped.

The other matter causing total confusion is why there appear to be additional legal costs for getting the sales contract stamped. If I am right in understanding that the sales contract should have been, or would eventually be, stamped anyway why is it purchasers are being asked for between £200 and £350 to get this done? Wasnít this all part of the conveyancing service that we were all quoted for?



jmg171


Joined: 19/05/2007
Posts: 183

Message Posted:
06/02/2008 19:50

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Message 124 of 255 in Discussion

John my thoughts exactly !!!! Hey! what about £20 for a photocopy of your stamped contract ?????.......which we should have received anyway soon after stamp duty money was paid to the Tax Office.



millzer


Joined: 12/04/2007
Posts: 978

Message Posted:
06/02/2008 20:36

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Message 122. The statement by the solicitor/advocate (also on the alternative HBPG website) states that payments are due by 1st March, within 3 months of the new law which came into force on 1st Jan.



By my reckoning that's 2 months!!!.....Or is the world calender different in the TRNC too!! Sorry, but the sheer incompetance and lack of clarity on this is making me really cynical!!!



stevie-d



Joined: 13/07/2007
Posts: 1420

Message Posted:
07/02/2008 11:26

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Message 126 of 255 in Discussion

Any update on the % we have to pay.

stevie-d



Milou


Joined: 15/10/2007
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Message Posted:
07/02/2008 11:36

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stevie-d



No, it looks like we're all still waiting to hear - I suspect it will take a bit longer!



Regards



rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
07/02/2008 14:04

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Message 128 of 255 in Discussion

I'm being advised that the best way forward is to have a new contract drawn up as mentioned in message 123. As stated this will mean lower taxes. What are the pitfalls?



Milou


Joined: 15/10/2007
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Message Posted:
07/02/2008 15:02

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Message 129 of 255 in Discussion

rtddci



This may help you to make up your mind......



In the rest of Europe charges above purchase price is approx. 15% -20%. In the TRNC it is approx. 8% -10% (taking legal costs into account).



In most of Europe cost of purchasing a property approx. 30% - 70% more



In most of Europe people pay income tax - most retirees presently in TRNC don't



Presently, local taxes in TRNC is still one of the cheapest in Europe.



I don't speak as a rich person but a poor person - it's called, "fair play mate".



Regards



TRNC Government need to raise taxes for things like infrastructure etc.



Terry66


Joined: 07/02/2008
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Message Posted:
07/02/2008 15:08

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Message 130 of 255 in Discussion

I have nothing against the government and their charges. It is the greedy solicitors that have now shown themselves to be taking us all for a ride.



Terry66


Joined: 07/02/2008
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Message Posted:
07/02/2008 15:23

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Message 131 of 255 in Discussion

I have paid my stamp duty but my solicitors still want to charge me £350 to get a document stamped.



It cost me £800 in solicitors fees to buy a FIVE BED HOUSE IN ENGLAND.

It WAS costing me £1,200 ("all inclusive") to buy a 1 bed apartment in trnc. Extremely expensive but at least it was all inclusive. There won't be any extra hidden fees so I thought. How stupid I was!



Now they want to charge me another £350 to get a document stamped. And they have said they may have to charge me more if the law changes again. That's alright because naturally, like all of us, I've got a budget of £10 million for this 1 bed flat in trnc.



So, let me see, my solicitor wants £350 extra to get a document stamped. Lets say theyve got 100 clients. Lets say they wait till everyone can have their document stamped together. So that's a nice tidy sum of £35,000 for an afternoons work that a stamper (not employed by the solicitor) is going to have to do.



Is anybody doing anything about this? Because seriously if the Turkish government doesnt step in now and stop this robbery, everyone else will be put off buying property in trnc and that means mugs like us who have already bought will find our property is unsellable. Just because the solicitors here cannot be trusted.



rtddci


Joined: 29/12/2007
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Message Posted:
07/02/2008 15:34

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Message 132 of 255 in Discussion

Milou

You have a fair point and I can share that view if not your figures. I have no wish to either break the law or avoid what I owe. I've obeyed the law and paid my taxes all my life. Thus my affairs are legally in order and I and my family have protection under the law.

What I can't stand is injustice and the thought of being ripped off. I'd like legal certainty, confidence in the TRNC law and lawyers advice; not the fear of moving goalposts.



Is it only us law abiding (in the main), expats who seem to be incurring/paying these costs and taxes? Are we the ones paying for greed/imcompetance?



The suggestion on a new contract comes from the local TC builder who is not alone in that money saving idea amongst developers I'm sure. By writing a new contract and registering it within 21 days at least the tax will only be 1/2% which is what purchasors should only have paid, had they been properly advised/represented in the first place.



The culture amongst the locals (and passed on as normal custom to buyers) of avoiding paying taxes etc has been there for years, well known to the TRNC government and why the situation is what it is today.

What a week to have given up smoking!

Martin



Milou


Joined: 15/10/2007
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Message Posted:
07/02/2008 16:07

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Message 133 of 255 in Discussion

Terry66



See post 79 (Noths4Me) where he has explained the problem we're all facing.

The HBPG is aware of this and will put out a statement once they hear from the relevant government - most of us are waiting before we proceed. We also paid our 0.5% stamp duty but for those who haven't it may be worthwhile quoting..... law 19/1963... to their solicitor, which Norths4Me has posted.



Regards



spook


Joined: 23/01/2008
Posts: 244

Message Posted:
08/02/2008 00:56

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Message 134 of 255 in Discussion

Interesting that so many "solicitors" seem to be proactive , i am still awaiting a reply from ****** & ****** the leading law firm in the TRNC to my email request for their clarification & proposals.

The information given to date by the HBPG appears to be senslble and i await with interest their update.

Would be interested to hear from anyone who is undertaking getting their own documents reg.



McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
08/02/2008 08:18

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Message 135 of 255 in Discussion

If no-one is before, then I will be on the 6th March, I know that doesn't leave that long before the deadline, but it's the best I can do.



So if anyone else is registwering in person before then, I'm sure we would all benefits from knowing the procedure as it works and exactly how easy (or not) and what documents are actually required.



MC



stevie-d



Joined: 13/07/2007
Posts: 1420

Message Posted:
08/02/2008 10:29

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Message 136 of 255 in Discussion

Hi Spook,

I`m waiting for a few replies from the same company, I think. It`s very frustrating

stevie-d



Pipie


Joined: 05/01/2008
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Message Posted:
08/02/2008 11:57

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Message 137 of 255 in Discussion

Can someone tell me are all the solicitors in TRNC on holiday together just found out mine is away till the middle of Feb .



thomathe


Joined: 09/03/2007
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Message Posted:
08/02/2008 13:28

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Message 138 of 255 in Discussion

We are really concerned, have now sent Terry Hamilton, solicitors 6 e-mails, and tried to call, being cut off several times. is there something strange going on. As you say are all solicitors on holiday together. Anyone else tried to get hold of terry hamilton, does anyone have a contact telephone, fax or e-mail, so I can check we have the correct one.



jock1



Joined: 06/01/2008
Posts: 3786

Message Posted:
08/02/2008 14:04

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Message 139 of 255 in Discussion

HI THOMATHE terry.s phone number is 0090 392 816 04 46

mobile 0533841 44 83

e-mail g_y_h_ lawers_ conveyancers@yahoo.co.uk

hope this helps



Barrovian1



Joined: 16/11/2007
Posts: 95

Message Posted:
08/02/2008 14:08

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Message 140 of 255 in Discussion

Hi Erkan

I have noticed that out of 138 postings on this subject, you have not had one posting. If anyone can, Erkan can. Do you know were the Land Register office is, can you register your property yourself?.



Rgds

Bob.



thomathe


Joined: 09/03/2007
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Message Posted:
08/02/2008 15:51

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Message 141 of 255 in Discussion

Thanks very much for that



Colliedog


Joined: 16/03/2007
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Message Posted:
08/02/2008 17:33

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Message 142 of 255 in Discussion

Hi thomathe,



Will you let us know how you get on?



TH our Lawyer also. We've not tried to contact him, just waiting to see what happens about this, TH never told us anything regarding what % to pay.



Regards

Colliedog



jacko


Joined: 20/11/2007
Posts: 193

Message Posted:
08/02/2008 18:00

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Message 143 of 255 in Discussion

Just thought i would let you know that my solicitor is also not available until 13th February so it looks like they all take holidays around the same time.



thomathe


Joined: 09/03/2007
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Message Posted:
08/02/2008 18:16

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Message 144 of 255 in Discussion

We are just surprised that we haven't heard from Terry Hamilton, as in the past he has always replied very efficientyly. This time just can't get hold of him, we have the correct contact details.



Theresa and Jeff



rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
08/02/2008 18:27

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Message 145 of 255 in Discussion

Perhaps they are all on holiday in the caribbean, on the strength of all the money they have/expecting to make out of this! Or are they laying low to see what reaction other solicitors get before they decide what to charge?



rtddci


Joined: 29/12/2007
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Message Posted:
08/02/2008 18:44

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Message 146 of 255 in Discussion

What may be a good idea, would be for as many people as possible who feel that they are being over charged and or being ignored or ill advised etc by their lawyer on this issue to email Ian Shepherd a journalist for Cyprus Today newspaper. email him at : cyprustoday@sunnycyprus.net

If he does an article it will be very interesting to see what response it gets.



spook


Joined: 23/01/2008
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Message Posted:
08/02/2008 19:11

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Message 147 of 255 in Discussion

Why head for the caribbean when they live in " a paradise untouched etc etc"

most likely as you say holding fire,will be interested to see reactions once this government pulls its finger out and makes a decision (HBPG were hoping for this to be made by 7th feb) would be even more interesting if they did the right thing and told the "solicitors" to sort it out at their expense as they have already been paid , see little difference in costs to them if they do it now or later when they have to complete the purchase.

We all im sure live in hope that one day we can cease putting our hands in our pockets to pay for another "hidden" cost that someone forgot to mention or has been dreamt up to help fund the apparent overpaid/overstaffed officals in the various official depts we have to deal with.



the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
08/02/2008 19:31

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Message 148 of 255 in Discussion

Hi All,



I have emailed Ian Shepherd and brought his attention to the fees that Naomi Mehmet and other lawyers are charging. I suggest anyone else who is not happy does the same.



If you wish to do the work yourself. you will need either the receipt for paying the stamp duty or the money for the stamp duty, together with the original stamped sales agreement, (usually kept at lawyers office) A copy of the site plans, and a copy of the original title deed. You will need your passport and if the property is in joint names, you will need a power of attorney from the missing partner if only one of you visits the land registry office. You will also need the fee of 47 lira cost for the stamp. They will not accept sterling.



I understand that the land registry office is opposite the post office building in Girne. Hope this all helps



Avril



Milou


Joined: 15/10/2007
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Message Posted:
08/02/2008 19:36

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Message 149 of 255 in Discussion

Hi spook



Sorry if I sound stupid but did you mean the overpaid/overstaffed officials in the various official depts we have to deal with, here or in the TRNC?



Regards



davidoff


Joined: 21/04/2007
Posts: 438

Message Posted:
08/02/2008 20:12

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Message 150 of 255 in Discussion

Hi all,



Does anyone have a contact , name, adrress or e-0mail, telephone numbers LITERALLY ANYTHING FOR THE STAMP DUTY OFFICE???



And same goes for the REGISTARTION OFFICE ALSO???



As I am mow contemplating SERIOUSLY DOING IT MYSELF REGARDLESS JUST OUT OF PRINCIPLE NOW!!!!



Take care-D



P.S-Ive worked out that if you e-mail your solicitors a few times then wait 2-3 weeks then ring them to see if they recieved your e-mail they soon say I e-mailed it this morning you should have it???

Then wait 3 days and of course no e-mail- so ring them back to confirm you havent received it and confirm your e-mail address again!!!!



IVE SUSSED IT OUT- Basically I bet any money that they wait till you phone then charges you for the conversation Twice of course and they charge you for the 4 week belated e-mail also!!!!!!!!!!!1



CLEVER PLOY- AS ALL SOLICITORS ALSO CHARGE FOR PER E-MAIL AND PHONE CALL CONVERSATION- WHEN YOU CONTACT THEM ASWELL AS WHEN AND IF THEY EVER CONTACT YOU!!!!



PLUS YOU FOOT THE BILL FROM BT ASWELL!!!!!



f*****g liberty!!!! THATS WHAT i SAY!!!!



Sorry just letting off some steam- I feel much better now!!!



But honestly does make sense if you think about it????



rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
08/02/2008 20:34

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Message 151 of 255 in Discussion

I'm on Talk Talk in the Uk and get free international telephone calls as part of the package. That includes landline calls to the TRNC. Not mobiles though. Just for info.

Martin



norths4me


Joined: 19/04/2007
Posts: 269

Message Posted:
08/02/2008 20:39

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Message 152 of 255 in Discussion

Davina



This will be a first, I totally agree with you!!



I have had no response from Mehmet and co. they are probally waiting until Naomi (posh) and her new husband Becks (Mr Mehmet) return from spending all our money on holiday. Well there is no way they are getting more money from me and I think she has done her company and her reputation irreversable damage



davidoff


Joined: 21/04/2007
Posts: 438

Message Posted:
08/02/2008 22:00

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Message 153 of 255 in Discussion

Hi all,



WISH ME LUCK- 95 MIL EURO MILLIONS TONITE- Hope youve all got your tickets??



If I win then Ill pay for everyones solicitors fees on this thread- So wish me lots of luck for us all!!!



I think were going to need it as my original budget for this whole property purchase keeps getting BLOWN RIGHT OUT OF THE WATER!!



By the time Ive finished I could of bought a 4 bed villa in marbella for the same price!!!



pilgrim



Joined: 11/05/2007
Posts: 1404

Message Posted:
08/02/2008 22:15

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Message 154 of 255 in Discussion

Good Luck, someone will be estactic tonight 95m nice, if its you you,ll be able to afford Villa In Marbella 800,000 to 1m and give up on your TRNC project!



rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
09/02/2008 01:07

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Message 155 of 255 in Discussion

I think the locals think we have all won the lottery already, hence the prices.

Martin



McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
09/02/2008 01:54

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Message 156 of 255 in Discussion

Davina,



Is it you, Is it You???



Are you one of the six???



Come on Say it is.



MC



davidoff


Joined: 21/04/2007
Posts: 438

Message Posted:
09/02/2008 10:47

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Message 157 of 255 in Discussion

Hi all,





I wish- But no yet again my 1 in 76 million chance didnt come through this time!!!



I really have to stop dreaming and face reality!!!



Unless the 5 tickets I bought my sister came through last night???



Even so shed probably run off to the bahamas with it and I wouldnt see a penny!!!



S*ds law!!!!



paul90


Joined: 07/11/2007
Posts: 350

Message Posted:
09/02/2008 11:01

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Message 158 of 255 in Discussion

Since Naomi Mehmet is on holiday I emailed her secretary and received an immediate answer to my questions earlier this week. I paid my stamp duty in May 2007 and the stamped contract is in my file.

If the deadline for the Land Registry is extended beyond 7 April I will do it myself in Kyrenia later that month. If not, then I will get my Vendor (part of Donaghy and Beyler) to do it for me.

Remember that your Vendor can do it with no problem at all. Also you could give power of attorney to someone else to do it.

In message 148 the butler is correct about what is needed - just add 2 application forms and a copy of the stamped contract as well as the original.

In theory it should be easy to do it at the Land Registry in Kyrenia.



spook


Joined: 23/01/2008
Posts: 244

Message Posted:
10/02/2008 04:15

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Message 159 of 255 in Discussion

Interesting posts on the Bogaz site - it would appear that the government are making concessions on contracts signed up to Dec 2004 and are waivering 80% of the penalty charges - it is calculated that these contracts will be able to be registered by paying 7% of the contract price - i will await with interest any posting that might come from the HBPG - or better still will the government make this information available through their web site or by an announcement in the media - this looks good for some of us if true but what is happening with regard to contracts Jan 05 to Dec 07 - it looks highly likely that we have another botched job, why o why do the powers that be continue in such a fashion?



spook


Joined: 23/01/2008
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Message Posted:
10/02/2008 04:29

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Message 160 of 255 in Discussion

Paul 90

Do you have a copy of the application form ref to in your post 158? - would there be any chance of you or someone perhaps obtaining a copy and posting this on the board - pref so that other members could view this of better still download copies.



smoggyjim


Joined: 21/07/2007
Posts: 214

Message Posted:
10/02/2008 05:06

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Message 161 of 255 in Discussion

I am not surprised Terry has not replied he seems to take ages to answer any of my questions or does not even reply to some.



cooper


Joined: 23/10/2007
Posts: 3386

Message Posted:
10/02/2008 11:41

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Message 162 of 255 in Discussion

Hi spook, can u provide a link to the Bogaz site please ?



Cooper



spook


Joined: 23/01/2008
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Message Posted:
10/02/2008 11:45

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Message 163 of 255 in Discussion

Hi cooper try http://www.bogaz.info/site/



spook


Joined: 23/01/2008
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Message Posted:
10/02/2008 11:53

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Message 164 of 255 in Discussion

Cooper ment to say , click onto "all message boards" see

DISCOUNT - STAMP DUTY - GOOD NEWS FOR SOME RE STAMP DUTY

hope this helps



cooper


Joined: 23/10/2007
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Message Posted:
10/02/2008 11:54

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Message 165 of 255 in Discussion

Thanks spook



Bradus


Joined: 25/02/2007
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Message Posted:
10/02/2008 12:14

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Message 166 of 255 in Discussion

What a mess! Unfortunately it becomes no clearer when in the TRNC. The stamp office is opposite the court houses for those that have bought in the Girne area. There is an open air coffee shop on the corner and it is 2 doors down. It is unmarked and you really have to search to identify it. The administrator speaks poor English so if visiting you need to be accompanied by someone who can speak Turkish.Be prepared for a long wait. No appointment system you just call in and await your turn. As usual in the TRNC things change every time you speak to somebody and it appears that its not just the buyers who are confused so are the builders. For those that have bought in the Famagusta area the land registry is allowing buyers to register without using the power of attorney. This obviously cuts out the large sums of money being demanded by the advocates. Unfortunately this appears to be a matter of individual discretion by the person in charge of the specific land registry office.It appeared not to be the case in Girne as we were told to go to our lawyer to sort out.

For those who paid the 0.5% stamp duty I feel that the system could be straight forward enough providing you take an interpretor. Make an appointment with your solicitor and ask for all the documentation required. Check that you are not going to be charged for this appointment or else you could still be paying out cash and worst still having to do all the registering as well. If you have a good builder who would be willing to go along with you please take him otherwise just take someone who can speak Turkish.Show proof of stamp duty payment and your passports and contracts. Pay your money, they only accept cash,(45ytl) and then keep 1 copy of your stamped document and return the other copy to the solicitor. Hold onto your own copy because as we discovered, you can't get your electric switched from builders tariff to your own without showing your stamped contract. I write this having returned from TRNC last week and because of all the media attention and pressure from builders, buyers and HBPG things are changing quickly. Check that the land registry will accept you doing the procedure without power of attorney as this is really the stumbling block. If I have made it sound easy then trust me it isn't. You could potentially waste a day of your holiday trying to sort it out. In the end we reverted to using solicitor because of language barriers and even more alarmingly we had just got new passports and the ID numbers had changed so were no longer the same as on our contracts. This meant that we were forced to return to the advocates anyway and have new documents prepared allowing for the new passport numbers. Using the solicitor who did accompany us to the office costs us £250 (total advocate fees have still only amounted to £800) but everything was done within the hour. I would have liked to have done the whole procedure myself but just felt worn down by everything and really didn't have a good grasp of what was happening or what was expected of us. Our builder took us to the Kibtec to sort out the electricity and he was brilliant, all sorted within the hour. I just wished we had asked him to accompany us to the land registry because I'm convinced we would have sorted it out without the need to pay an advocate. This would be my suggestion with those of you that have good relations with your builders and have proof of paying the 0.5% stamp duty. For those who have fallen pray to the increased stamp duty payments, I would sit tight and wait to see what happens. There is a realisation that buyers are the innocent victims in this and that if you were not informed about the increased stamp duty the responsibility should also lie with the advocates. If I have learnt anything from this experience it is that you really do need a grasp of the language to succeed. Sorry I couln't del



Geoff1131


Joined: 12/07/2007
Posts: 276

Message Posted:
10/02/2008 12:27

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Message 167 of 255 in Discussion

Sue, what a great post, the information you have given should ease everyones mind about this fiasco.

Just a thought, would this not have been a good opportunity for our developers to help all buyers tied up in this, as not only buyers but venders are allowed to register contracts.It would have created so much good will towards the builders and I'm sure that everyone would have been willing to pay a nominal charge on top for administration costs, ah well another opportunity lost|||||

Geoff



daily


Joined: 01/01/2008
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Message Posted:
10/02/2008 12:34

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Message 168 of 255 in Discussion

Sue - you are an absolute star - you probably don't realise how crucial your information is to hundreds of us going round in circles - your timing is brilliant -thank you for the effort and the detail!



Izzet - star poster methinks! Give her four stars!



paul90


Joined: 07/11/2007
Posts: 350

Message Posted:
10/02/2008 12:36

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Message 169 of 255 in Discussion

Sue - excellent post - thanks for such comprehensive information.

I also hope to ask my Vendor to do it for me.

Can you tell us about the application form itself - or put a link to a copy??

Can you tell us who your builder is?

Thanks, Paul



Milou


Joined: 15/10/2007
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Message Posted:
10/02/2008 12:48

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Message 170 of 255 in Discussion

Hi Bradus



I can't thank you enough for your information - I can just picture you running around being totally confused - I suspect a few more of us are going to have the same experience. Tanks agin.

Regards



Bradus


Joined: 25/02/2007
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Message Posted:
10/02/2008 13:27

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Message 171 of 255 in Discussion

Hi all,

when you go to land registery office with all your documentation they will complete the required forms so that you simply sign. Its not so much about completing an application form its just having the documents stamped and signed by yourself and the land registry administrator. Remember although we need the stamped contract, its actually the government who are logging everyones details so that all sales and transfers of titles are documented to safeguard against unscrupulous builders that would try to take out mortgages or double sell their property. It is the government that are taking the details hence they are filling out the necessary forms and information from your contracts, they are doing the paperwork and then just giving you back the contract with a stamp at the bottom .

Geoff you are spot on, such action could restore confidence in your vendor. They are in an ideal position to support purchasers in this area. Hopefully though it will be a smooth transition for new purchasers of the future its just that us poor sods have fallen in the midst of the new law. As I have constantly tried to emphasise in my post the language barrier was problematic but I hope that I understood enough to be fairly accurate in my description of what happened. I will pull out the phone numbers of the land registry office so that you can confirm that you would be able to do this and also check that they have not moved office to meet the demand. Office currently used is like a shoe box with people queing onto the pavement. Paul my sale/apartment is just about finished and when I have full completion I will blog about my experience of buying in the TRNC and name our builder who has been an absolute star along with his wife. Boy did we fall lucky. I will email his name to you but I am aware that jumping the gun can be peoples downfall so untill final completion I do not want to name him at this stage.



Barrovian1



Joined: 16/11/2007
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Message Posted:
10/02/2008 13:29

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Message 172 of 255 in Discussion

Sue - very informative, you have pointed me and a lot of other people in the right direction.



Rgds

Bob.



ronaldo


Joined: 14/11/2007
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Message Posted:
10/02/2008 13:35

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Message 173 of 255 in Discussion

Hi Sue

Great posting Unfortunately we are one of the buyers who gave power of attorney to our advocates and as far as we know we have to now pay 1.5 percent of the finished build were as we were originally told that all taxes were to be paid in two years from first purchasing. And that stamp duty was only to be paid on the land and not the price of the build. we are over in N Cyprus on the 9th of March Already booked an appointment with our solicitor. will let you all know how we go on

regards Everyone Ron & Ann p.s great Forum



Bradus


Joined: 25/02/2007
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Message Posted:
10/02/2008 15:25

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Message 174 of 255 in Discussion

Have emailed public information office and asked for them to supply us with instructions for applying for registration/stamping without using advocate. Also for those of you that want to contact Land Registry Office +90 392 6111400.



lippylush


Joined: 29/12/2006
Posts: 197

Message Posted:
10/02/2008 15:34

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Message 175 of 255 in Discussion

Thanks Sue for all the information. Notice you seem to have faith in your Advocate any chance you can contact us off board with his/her contact details. We are going over at the end of March and need to get this mess sorted out. We seem to have been misled in a number of ways by our previous Advocate and need to instruct a new one I think our builder will help with getting the stamps etc.



Regards Sue and Dave



Bradus


Joined: 25/02/2007
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Message Posted:
10/02/2008 16:03

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Message 176 of 255 in Discussion

lippylush

Have emailed you.



whynot


Joined: 05/07/2007
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Message Posted:
10/02/2008 21:35

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Message 177 of 255 in Discussion

This Law seems to be directed at protecting purchases from unscrupulous builders. As someone who purchased a resale, almost a year ago now, from an Englishman and has experienced no problems apart from having to wait an eternity for the Kocan to be transfered into my name. My question is this - As there seems to be no penalties for not stamping and lodging the contracts with the District Land Office what would be the possible consequences for not doing so?



Bradus


Joined: 25/02/2007
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Message Posted:
10/02/2008 23:56

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Message 178 of 255 in Discussion

Depends at what stage of the sale you are at. You will have no problems because you have now finally got your title deeds so no builder can take out a mortgage or resell your property as you are now the legal owner. Those of us that have not received the title deeds from our builders continue to run this risk and also can't get our title deeds or electricity connection without a stamped contract. The consequence will be that we can't complete and take ownership in the legal sense.



woofy


Joined: 07/02/2008
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Message Posted:
11/02/2008 11:04

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Message 179 of 255 in Discussion

We are on seaterra reserve site and are facing the prospect of paying our solicitor £221 for registering for us,

We both think this is unfair and beg the question what did we pay him for to start off with?

Any how I am thinking of approaching seaterra to see if they can't register the property for us!

Surely some responsibility lies with them to help us out,we are miles away in another country.

If anyone feels the same and is on seaterra site,maybe if we get enough of us we can lean on them abit and apply a small amount of pressure to do the right thing.(strength in numbers).

regards.



millzer


Joined: 12/04/2007
Posts: 978

Message Posted:
11/02/2008 12:25

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Message 180 of 255 in Discussion

Woofy,



Have you joined the SeaTerra owners forum?



stevie-d



Joined: 13/07/2007
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Message Posted:
11/02/2008 13:55

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Message 181 of 255 in Discussion

See message 163-164 went into the Bogaz site and Mine Konat Advocate says there is an exemption on contracts pre Dec 2004. Anybody know anything about this as mine was May2004

stevie-d



spook


Joined: 23/01/2008
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Message Posted:
11/02/2008 22:04

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Message 182 of 255 in Discussion

stevie - d

See my post on Land Registry Cost's.

This should throw some light on the situation



whynot


Joined: 05/07/2007
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Message Posted:
11/02/2008 22:18

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Message 183 of 255 in Discussion

Bradus Thank you for your advice.



stevie-d



Joined: 13/07/2007
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Message Posted:
12/02/2008 12:06

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Message 184 of 255 in Discussion

Spook

Thanks for the info

stevie-d



Pipie


Joined: 05/01/2008
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Message Posted:
12/02/2008 15:37

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Message 185 of 255 in Discussion

Woofy .

E-mail me off board we are on a Sea Terra site may have some advice for you .



rtddci


Joined: 29/12/2007
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Message Posted:
12/02/2008 16:48

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Message 186 of 255 in Discussion

Ian Shepherd is writing an article on greedy TRNC lawyers for Cyprus Today.

Martin



Tatlisu4me


Joined: 26/01/2008
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Message Posted:
12/02/2008 17:26

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Message 187 of 255 in Discussion

Thanks for that rtddci, they are not far wrong



Barrovian1



Joined: 16/11/2007
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Message Posted:
14/02/2008 04:29

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Message 188 of 255 in Discussion

Regarding Martin's comments on post 186

Anybody got any feedback on Ian Shepherd's article.



Bob



rtddci


Joined: 29/12/2007
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Message Posted:
14/02/2008 17:22

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Message 189 of 255 in Discussion

Might be in tomorrows edition of Cyprus Today. I get the paper sent to me in the UK but a week behind.

Martin



Bradus


Joined: 25/02/2007
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Message Posted:
14/02/2008 22:23

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Message 190 of 255 in Discussion

Sent this E mail to pco and received this very quick resonse. Does not say much about where the offices are but does give useful contact numbers so I thought I'd share it with you all. I am impressed with quick response.

DEAR ....

THE PROCESS OF GETTING THE SALES AGREEMENTS STAMPED FROM THE TAX OFFICE AND REGISTERING IT TO THE LAND REGISTRY OFFICE IN YOUR DISTRICT AREA. THIS CAN BE DONE PERSONALLY BY YOURSELF OR BY GIVING POWER OF ATTORNEY TO A THIRD PARTY IN ORDER TO DO IT ON BEHALF OF YOU. YOU NEED YOUR SALES AGREEMENT AND THERE IS A FORM TO BE COMPLETED AT THE PLACE OF REGISTRATION. YOU CAN ALSO CONTACT US FROM 03922277793 / 03922283141-188 FOR FURTHER INFORMATION.





YOURS SINCERELY,





TUGCE VOLKAN

PROPERTY INFORMATION OFFICE

TRNC PRIME MINISTRY











--------------------------------------------------------------------------------



> To: info@trncproperty.eu

> Subject: Contact Form Message

>

> Date: Sun, 10 Feb 2008 13:24:34 +0000

>

>

>

>

> Sender Name

> Sender Surname

> Sender Email

> Sender

> Sender Address:

> Hi,

> Would it be possible for you to confirm on behalf of the many British people currently purchasing in the TRNC if it is possible to register your contract without giving power of attorney to your advocate? If it is possible to which office should you go and what documentation is needed? This appears to be an area of concern for many people so any advice or information would be very welcome. I thank you in advance and await your reply.



pilgrim



Joined: 11/05/2007
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Message Posted:
14/02/2008 22:38

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Message 191 of 255 in Discussion

Well done Bradus, very useful. ( medal for Public Service to Cyprus44)



jemjem


Joined: 27/05/2007
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Message Posted:
14/02/2008 23:07

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Message 192 of 255 in Discussion

well done bradus it all seems clearer now we are going over on march the 12th for a week and want to do this whilst there we paid naomi £800 in nov 2005 which was supposed to cover all our legal fees but have not heard from her since early 2006 we have read all 190 threads and was confused .com 3 cheers for bradus and the george x cheers bobnjulie



the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
15/02/2008 03:08

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Message 193 of 255 in Discussion

Hi all,



I don't want to upset you all but I have been talking to a friend tonight who works in one of the lawyers offices mentioned on this blog. There is a possibility that all of our sales agreements are going to have to be translated in to turkish before the government will accept them. I think this will mean even more expense for us. There is something about it on TRNC Villa owners site. Even if we try to do them ourselves we will still need to have them translated. I hope this is incorrect but I have a nasty feeling it isn't.



Avril



spook


Joined: 23/01/2008
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Message Posted:
15/02/2008 05:10

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Message 194 of 255 in Discussion

























































































































Hi the butler

I seem to recall that when my contract was signed way back in Sept 2003 it was in both Turkish & English this for the benifit of both vender(builder) and ourselves, we would assume that as the contract was produced by our advocate they should already hold a signed copy,getting confirmation of this however is proving difficult.



Milou


Joined: 15/10/2007
Posts: 425

Message Posted:
15/02/2008 12:01

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Message 195 of 255 in Discussion

Bradus - thanks again for the new info. I'll email them to find out whether it's likely that we'll get an extension of time and post if I get a reply.



The Butler - what was told to you makes sense as most other cuntries ask for documents in their language and as things still seem to be evolving it's a question of wait and see - I feel that the relevant department will eventually have to give us some extra time!

Regards



Milou


Joined: 15/10/2007
Posts: 425

Message Posted:
15/02/2008 12:39

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Message 196 of 255 in Discussion

Hi Gang



How's this OR EFFICIENCY, I sent an email 5 minutes ago to ask the following questions:



Are we likely to be given an extension of time behond 7th April?

Is it likely that purchase contracts will have to be rewritten in Turksih?



This is the answer I got back -





DEAR MOIRA HUNT,



THANK YOU FOR CONTACTING US. THERE ISN'T ANY CERTAIN DECISION ABOUT THE EXTENSION OF TIME BY GOVERNMENT OFFICIALS YET. AT THE MOMENT THERE ISN'T SUCH REQUIREMENT OF TRANSLATING THE AGREEMENTS IN TURKISH.





YOURS SINCERELY,



TUGCE VOLKAN

PROPERTY INFORMATION OFFICE

TRNC PRIME MINISTRY

03922283141/11



Regards



McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
15/02/2008 15:10

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Message 197 of 255 in Discussion

Excellant work Moira, thanks for the info, we should be doing it on or around the 6th March.







I will post my experience when I get back.







MC



Bradus


Joined: 25/02/2007
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Message Posted:
15/02/2008 19:03

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Message 198 of 255 in Discussion

I also read the TRNC Villa Owners Site suggesting that all documentation, which up until now has been accepted in English, would have to be presented in Turkish. Lets hope this won't be implemented in the very near future. I got a further E mail from Tugce at the property complaints office today. Informed me not to hesitate to contact the office if there was any confusion or I needed further information. Vey impressed with quick response and how approachable

they have been.



Bradus



pilgrim



Joined: 11/05/2007
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Message Posted:
15/02/2008 20:06

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Message 199 of 255 in Discussion

Going to do ours 1st week March let you know how we get on.

p



Dusterbruce


Joined: 03/08/2007
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Message Posted:
16/02/2008 00:05

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Message 200 of 255 in Discussion

I have finally heard from my solicitor today.

He tells me he needs 1.5% of my purchase price just to register my purchase agreemment (nothing to do with stamp duty) plus his fee for going to the Land Registry office of £250.

This would be in addition to stamp duty I will have to pay when title is transferred into my name.



Anyone else heard of this?



millzer


Joined: 12/04/2007
Posts: 978

Message Posted:
16/02/2008 00:40

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Message 201 of 255 in Discussion

Duster,



What size Stetson does your Solicitor wear?



Send him this: http://www.amishrakefight.org/gfy/index.shtml



jmg171


Joined: 19/05/2007
Posts: 183

Message Posted:
16/02/2008 00:48

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Message 202 of 255 in Discussion

I think he means 1.5% for stamp duty.?????

You got a good deal for the LR only £250 ??

I have £350 to pay ONLY!!!!!! for LR



Dusterbruce


Joined: 03/08/2007
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Message Posted:
16/02/2008 00:51

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Message 203 of 255 in Discussion

No, his email quite clearly states that stamp duty is in addition to this fee he wants now



jmg171


Joined: 19/05/2007
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Message Posted:
16/02/2008 00:55

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Message 204 of 255 in Discussion

What !!! I cant believe that.

How about name and shame???



Dusterbruce


Joined: 03/08/2007
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Message Posted:
16/02/2008 00:58

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Message 205 of 255 in Discussion

I will see what happens when I talk to him face to face first.



Cannot help thinking I am being ripped off though



jmg171


Joined: 19/05/2007
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Message Posted:
16/02/2008 01:00

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Message 206 of 255 in Discussion

Tony ,

I clicked on the website ..... still laughing!!!!



jmg171


Joined: 19/05/2007
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Message Posted:
16/02/2008 01:07

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Message 207 of 255 in Discussion

Fee to your solicitor for LR =£250

Stamp duty % = contract price

Finish!!!

That is all you should pay !(As if that not enough) Tony your not on you own with this one.



jmg171


Joined: 19/05/2007
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Message Posted:
16/02/2008 01:10

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Message 208 of 255 in Discussion

Tony,

Just realised...Has your PTP come through. If thats the case maybe he means Transfer title Tax ??? if not ..new law says you pay your stamp duty now,not on title



Dusterbruce


Joined: 03/08/2007
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Message Posted:
16/02/2008 09:49

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Message 209 of 255 in Discussion

Thanks everyone for advice.

I am told there is something in Cyprus Today about all this. Maybe things will be clearer by the time I am over next week.



kell73


Joined: 16/10/2007
Posts: 20

Message Posted:
16/02/2008 14:02

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Message 210 of 255 in Discussion

Hi all



Im really confused!

Have been reading the threads and trying to make sense of all this. I to received an email from my Soicitor (the one charging £350), I repiled asking for all the relevent documentation (receipt for payinfg the Stamp Duty etc), but as yet no reply!



I have even emailed SweetwaterBay (who I am buying of) to see if they could offer any help, but they said that the Solicitors are the one that are dealing with this.



It looks like i am probably going to have to pay the £350.000 to get them to do it for me. I guess I could go out to Northern Cyprus myself to do it, but that would mean more expense.



Does anyone know what the procedure is if I was to get someone who I know that is going out there to do it on my behalf?



Many thanks



pilgrim



Joined: 11/05/2007
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Message Posted:
16/02/2008 14:09

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Message 211 of 255 in Discussion

Good point Kell73

As I'm going out at end of month would happily register other members documents if asked and it was possible.



paul90


Joined: 07/11/2007
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Message Posted:
16/02/2008 14:22

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Message 212 of 255 in Discussion

Kell73/Pilgrim

To register the Contracts the Land Registry require the original and a copy of the Contract of Sale, the site and seating plans and a copy of the Title Deed, a copy of the Stamp Duty receipt and copies of identification for the parties together with an application form in duplicate and the appropriate fee.



If you ask someone else to do it you need to give them Power of Attorney.



Bradus


Joined: 25/02/2007
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Message Posted:
16/02/2008 14:28

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Message 213 of 255 in Discussion

Kelly, Not sure 100% if this is how it would work but a common sense approach would be:

Confirm you have paid your stamp duty? This is your starting point as if you have not done this, a trip to the tax office is necessary first to pay it. Then write to your solicitor and give them notice and authorisation that a named person will be collecting your contract on a specific date and at a specific time. This nominated person will then carry a letter of authorisation signed by you to act on your behalf to register your contract. They will then have to go to land registry office and sign as your representative. They would need your passports and fees.

This may not work as they may require a more legally binding authorisation letter however if you have the time and you have friends or relatives over there that can help it might just save you the over priced amount being asked by the solicitors. My suggestion would be to e mail PCO.



pilgrim



Joined: 11/05/2007
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Message Posted:
16/02/2008 14:32

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Message 214 of 255 in Discussion

Thanks Paul, don't think it's possible to do it for someone else, mind you your info has got me thinking its not that straightforward.

cheers

p



paul90


Joined: 07/11/2007
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Message Posted:
16/02/2008 15:23

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Message 215 of 255 in Discussion

Hi Pilgrim - see message 190 above from Bradus.

She quotes an email from the Property Information Office - they seem to allow a third party if they have an offical Power of Attorney.



Bradus


Joined: 25/02/2007
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Message Posted:
16/02/2008 17:15

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Message 216 of 255 in Discussion

Guess we will never know what is and what is not possible until people try and then feed back to us all, successful or not. I did read elsewhere that instead of employing advocates who are not in the true English sense "solicitors" you could also employ notaries to do your conveyencing. They charge very nominal amounts incomparison to the TRNC advocates and their fee is for all conveyencing to completion. Obviously if you run into problems you would then need to refer to an advocate but from what we read on the forums when problems start to go wrong, you probably by this stage need a litigation advocate rather than someone specialising in conveyencing anyway!

Do you think the mistake many of us have made is assuming that they would do the same work and have the same role as English solicitors and we would have the same legal protection? It would be interesting if anyone has used a conveyencer rather than advocate to share their experience with us.



pilgrim



Joined: 11/05/2007
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Message Posted:
16/02/2008 19:57

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Message 217 of 255 in Discussion

Pride myself as being trustworthy, but power of attorney to a stranger may be difficult for most people. thanks paul and bradus



Bradus


Joined: 25/02/2007
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Message Posted:
16/02/2008 22:37

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Message 218 of 255 in Discussion

Agree Pilgrim,

you would only give this to someone you knew well and as I said in my previous post would be friend or relative. Having said that and although we have never met, I get the feeling your probably more honest and trustworthy than most of the TRNC lawyers.

Plus we know how to contact you!



whitemad


Joined: 26/05/2007
Posts: 44

Message Posted:
17/02/2008 10:31

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Message 219 of 255 in Discussion

Power of Attorney can be given for specific tasks. We gave our neighbour Power of Attorney to sort our utilities ie. electricity and water. Your solicitor needs to draw it up though - cost us £50 last year probably more now!



rtddci


Joined: 29/12/2007
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Message Posted:
17/02/2008 16:39

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Message 220 of 255 in Discussion

Article in Cyprus Today 15th Feb re HBPG threatening to take negligent lawyers to court

http://www.hbpg-trnc.net/documents/Press/CT160208_lawyers.html



rtddci


Joined: 29/12/2007
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Message Posted:
17/02/2008 16:53

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Message 221 of 255 in Discussion

Has anyone heard about the Land Registry when registering your contract, asking you to sign a form in Turkish stating that you were already aware about your property being on or near army land (I assume so you can't argue when refused permission to buy because of it)?

Martin



pilgrim



Joined: 11/05/2007
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Message Posted:
17/02/2008 21:09

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Message 222 of 255 in Discussion

thanks Bradus, Think my solicitor is,nt one of the rogues but will be happier when I receive my permission and eventually my deeds.



stevie-d



Joined: 13/07/2007
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Message Posted:
20/02/2008 10:10

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Message 223 of 255 in Discussion

Anything new on % payment.

stevie-d



Nglbarnes



Joined: 08/02/2008
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Message Posted:
21/02/2008 12:25

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Message 224 of 255 in Discussion

I've done it. I went and registered my property yesterday at the Tap

u in Girne NO problem aAND ALL CREDIT TO Naomi Mehmet they gave me all the info i needed

and were pleased i had saved myself 350 squids



stevie-d



Joined: 13/07/2007
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Message Posted:
21/02/2008 12:39

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Message 225 of 255 in Discussion

Three of my friends went this week and paid stamp duty and registerd. Contracts were pre Dec 04 no hassle whatsoever.



lippylush


Joined: 29/12/2006
Posts: 197

Message Posted:
21/02/2008 12:40

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Message 226 of 255 in Discussion

Well done Nglbarnes are you able to tell us exactly what you did? Did you also have to pay stamp duty prior to registration. I'm sure many others would appreciate knowing your experiences.



Regards Sue and Dave



rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
21/02/2008 18:46

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Message 227 of 255 in Discussion

Nglbarnes

Yes well done, I'd certainly like to know the details, what % stamp duty did you pay?

Martin



pilgrim



Joined: 11/05/2007
Posts: 1404

Message Posted:
21/02/2008 19:57

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Message 228 of 255 in Discussion

stevie

mine sale is pre 2004 , going next week any feed back from your friends appreciated.

cheers p



dodger



Joined: 29/07/2007
Posts: 1895

Message Posted:
21/02/2008 20:58

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Message 229 of 255 in Discussion

Izzet could we clean this one up a bit now,

Regards,

Paul.



Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
21/02/2008 21:13

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Message 230 of 255 in Discussion

Several posters on villa owners site also report being successful. One reported that Naomi Mehmet was helpful and provided necessary paperwork and seemed ok that people were doing it themselves. Read the forum as it doesn't seem that people have had much difficulty in this area.



jemjem


Joined: 27/05/2007
Posts: 42

Message Posted:
21/02/2008 21:55

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Message 231 of 255 in Discussion

hi nglbarnes nice to hear it went ok for you, maybe they are getting the hang of it now we are are going over mid march and would like to do it ourselves ,is it possible to know what you need or to take with you . we brought in 2005 and have not heard from naomi mehmet since handing over her fee cheers bobnjulie



stevie-d



Joined: 13/07/2007
Posts: 1420

Message Posted:
22/02/2008 15:28

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Message 232 of 255 in Discussion

See below this is an extract from my friends e-mail

Stamp Duty Paid in Girne Tax Office. You will need your original contract complete with all plans and land plans. A duplicate of the above. A letter from you stating that you were unaware that you had to pay this and pse sire can I pay it now. The cost was 0.5% of the house contract price plus 0.2% the total amount paid by us was 1249.85 YTL at todays exchange rate. You can I believe pay this in sterling but most tax offices insist on YTL. For this you will receive a couple of stamps and a receipt.







Land Registry. Paid in Girne by the side of the lawcourts. Not such a quick visit the office is open between 0800 and 1200 winter hours for registration. You will need your original contract a copy of your contract once again complete. copy of the photo page(s) of your passport. Here they will give you some forms to fill. They did try to get us to aquire a copy of the transfer of deeds title. But we can not do this as the land has yet to be parcelised. Whilst I had no problems Ian and Brian had to argue for a while before they eventually gave way and obviously sorted it out themselves. They will try to keep your original contract so you need to insist that they take the copy and mark it as a true copy of the original for their files. A pont to remeber is that the current land owners are the Arkagun not Cafer and Sayit. but you have all the information on your contract. The cost for this was two hours in a tight fitting office full of pushes and shovers and 44.40 YTL at todays exchange rate.







I do not know how a lawyer gets round the original contract bit as I am sure most of you will have the originals with you, but they do.







So there you have it.



stevie-d



lippylush


Joined: 29/12/2006
Posts: 197

Message Posted:
22/02/2008 16:02

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Message 233 of 255 in Discussion

This is great information and will certainly help us to register our contract on 3rd April. However can we just check was your friends contract signed before 2005 or later as we know that pre 2005 signed contracts the charge is only 0.7% however if your friend's contract was signed after 2005 then there is hope for us all. I note on the other forum that there is a posting which states an amnesty on the 1.05% has been agreed until 31st March, however that still doesn't really help the people who like us have made travel arrangements for the beginning of April to beat the deadline of 7th April to register our contracts.



Regards Sue and Dave



stevie-d



Joined: 13/07/2007
Posts: 1420

Message Posted:
22/02/2008 17:29

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Message 234 of 255 in Discussion

REF FRIENDS CONTRACT ( Message 232 ) Contact was 2004

stevie-d



girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
23/02/2008 14:49

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Message 235 of 255 in Discussion

Bit confused ,with all the talk about 0.5% 0.7% or 1.5% penalty etc, can anyone explain the following please, from HBPG .especially the bit about the vendor doing the registration,if correct then why are we supposed to pay a lawyer for same.



' By law stamp duty is payable by the purchaser at the rate of 0.5% of the contract sales price and it is the duty of the vendor to actually make the payment and register the sales agreement. All fees and late registration charges must be paid by the vendor. You do not need to give any Power of Attorney to anyone to register your sales agreement'



Milou


Joined: 15/10/2007
Posts: 425

Message Posted:
23/02/2008 15:50

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Message 236 of 255 in Discussion

girne29

The problem is that we can't afford to leave it to the vendors who, to a man, seem determined to do absolutely nothing - that's why we're all rushing like headless chickens to get something/anything registered........

regards



spook


Joined: 23/01/2008
Posts: 244

Message Posted:
23/02/2008 16:06

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Message 237 of 255 in Discussion

When you stop to consider why the vendors are not keen to reg the contracts you realise that for the most part i believe it is because if they wish to be devious this would preclude their being able to offer the land as security,double sell,theatern to void the contract if you dont play ball with them and genrally try to hold you to ransome (ie The current Santa Fe situation at Escape Beach is a classic example)



rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
23/02/2008 20:01

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Message 238 of 255 in Discussion

It must also tell the Government what builders are up to money wise and what tax they owe or should have paid!



Bob / Anne


Joined: 01/11/2007
Posts: 39

Message Posted:
23/02/2008 21:20

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Message 239 of 255 in Discussion

Hi Paul90



Regarding your message on 214. Could you please explain the: -

'together with an application form in duplicate and the appropriate fee'

Were do you get the application form from?. My wife and myself are going over to N. Cyprus on Thursday for 3 weeks, and we would like to go to the Land Register office, and register our property ourselves.



Bob.



lavendergirl


Joined: 21/02/2008
Posts: 13

Message Posted:
23/02/2008 22:25

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Message 240 of 255 in Discussion

Girne 29



Stamp duty has gone down to 0.5% for all contracts until 31/03/08. It is the vendors responsibility to make sure it is paid but they are not the ones who loose out if it is not so really that part is irrelevant because they are not likely to do it. So the onus is on the purchaser to pay it to protect themselves against remortgaging/mortgaging/double selling etc.



girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
24/02/2008 01:23

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Message 241 of 255 in Discussion

Up till now I always presumed we were liable.Didnt know the law said it was the vendor .

So if I read it right.

We get our contract registered,that then affords us the protection of the legal system and that will prevent my land being mortgaged.

But if that same legal system will not make the vendor obey the law regarding

stamp duty now, why will it make the vendor obey the law in respect of mortgaging my land later.



spook


Joined: 23/01/2008
Posts: 244

Message Posted:
24/02/2008 01:59

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Message 242 of 255 in Discussion

Girne 29

Whilst nothing is for sure in the TRNC it should offer some protection, in order to remortage one would assume that the funding would be provided by a bank,before lending they should carry out a search of the land reg which would should show your interest.

The present position is that even if a lender knows that a developer is building on a particular piece of land if it is not reg to the puchaser the bank would have first call, not very ethical but appears to be happening far to often.



Nglbarnes



Joined: 08/02/2008
Posts: 89

Message Posted:
24/02/2008 19:42

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Message 243 of 255 in Discussion

Apologies for the delay in replying.

Arrived at Girne Tapu at 8.15am the office opens at 8.30am

once you enter the office go to the far end and it is there that they do the registration for you.

You will need copies of:-

Contract of sale

Kocan

Genel Tahsilat Makbuzu (pink form)

Tahsilat fisi (blue form)

(someone will no doubt correct me if I am wrong but I think these forms show you have paid the stamp duty - I paid 0.5%)

Photo page of your passport



they will give you a form to fill in and you put vendors name/passport number and your own and sign it. All the documentation disappears into a back office for a while and if there is no further information needed you pay your 44.50YTL and get the signed form - its as easy as that



My solicitors were very helpful and gave me all the originals plus copies to take with me (10ytl for 2 sets of colours copies) and I just had to return originals to them along with the registration form the Tapu gave me



Please note that I can only tell you my experience which was for a resale property purchased the end of last year, I have no idea what occurs if your property is still under construction etc



I hope this helps



paul90


Joined: 07/11/2007
Posts: 350

Message Posted:
24/02/2008 20:05

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Message 244 of 255 in Discussion

Hi Bob / Anne - as Nigel Barnes says, the form is available at the Land Registry office (they help you fill it in) and the fee is minimal (44.5 YTL).

Regards, Paul



pilgrim



Joined: 11/05/2007
Posts: 1404

Message Posted:
24/02/2008 21:28

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Message 245 of 255 in Discussion

Bob were going Thursday as well, where you flying from, were ba heathrow

regards

p



tatlisu



Joined: 04/01/2008
Posts: 38

Message Posted:
24/02/2008 22:56

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Message 246 of 255 in Discussion

Hi All

Sorry if I missed thread but can anyone tell me what I need and also need to do for LR i Famagusta. I will pay my stamp duty on 24 mar when over.

Thanks Gail



Bob / Anne


Joined: 01/11/2007
Posts: 39

Message Posted:
25/02/2008 09:22

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Message 247 of 255 in Discussion

Hi Pilgrim

We are flying from Manchester to Istanbul, we have a 4 hour wait, and then on to Ercan, we are flying with Turkish Airline.

We fly out on Wednesday, by the time we get to our apartment at TBV it will be Thursday. Unfortunately we do not have the options that you Southerners have with flights.



Cheers

Bob.



the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
25/02/2008 11:12

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Message 248 of 255 in Discussion

Hi Everyone,



I am going out to TRNC to try and register our contract at the land registry office on 1st April. Unfortunately my husband owing to pressure of work cannot get time to go. Our property is in joint names, if I take his passport will they let me do it on my own. Does anyone know?



Avril



Milou


Joined: 15/10/2007
Posts: 425

Message Posted:
25/02/2008 12:02

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Message 249 of 255 in Discussion

the butler



Yes, you can but I read somewhere on the forum that your husband has to give you a power of attorney -alternatively, see my post 290 above, you can phone or email their office and ask this question. Hope this helps!

regards



jokers2theright


Joined: 18/02/2008
Posts: 174

Message Posted:
25/02/2008 16:49

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Message 250 of 255 in Discussion

Complicated question

Date of Contracts 2004.

Purchasers learnt (after paying all contract payments) that landowner had debts on the land.

Injunctions placed at Court 2006 by the purchasers to prevent any sale of the land by the landower without purchasers knowledge (due to outstanding debt by the landower to the builder)

Contracts were and still are without Stamp Duty paid thus no stamp

2008 Court Ordered sale of land by auction.

Purchasers have applied for Stay of Execution.

However will Court recognise our contracts without duty being paid and whatsmore will we be able to have contract stamped now that the Court Order has gone through anyway.



stevie-d



Joined: 13/07/2007
Posts: 1420

Message Posted:
25/02/2008 17:28

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Message 251 of 255 in Discussion

Milou, to many posts in this, on your last post you said see post 290 only 251 posts in here had a look can`t find anything. I am going over in a couple of weeks without the " BOSS " to pay stamp duty etc. if I read this right she must give me power of attorney am i right in saying this ?????.

stevie-d



Bob / Anne


Joined: 01/11/2007
Posts: 39

Message Posted:
25/02/2008 18:52

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Message 252 of 255 in Discussion

Just read this interesting article regarding stamp duty / Land register, thought I would share it with you.

newGovernment Directive - January 2008 Updated 24nd Februay 2008

Please note: We are waiting for clarification in writing from the government on some of the information below.

The government recently released a directive stating that all property sales agreements currently held by the Vendor (or his agent) must be submitted to the Land Registry before the 8th April 2008.

According to law number 19/1963 enacted in March 1963 stamp duty at 0.5% of the contract sales price is payable when sales agreements are lodged with the Land Registry. Stamp duty is payable within one month of signing the agreement. If paid between one month and six months of signing the duty is doubled to 1% and after 6 months it is trebled to 1.5%. Stamp duty is payable by the purchaser and it is the responsibility of the vendor (by law) to ensure that it is paid.

In order to legalise the sales agreement for title transfer, litigation, Kibtek meters, etc stamp duty is payable and most buyers have paid it at the penal rate of 1.5%, being informed by their legal advisors that it is a regular tax.

By law stamp duty is payable by the purchaser at the rate of 0.5% of the contract sales price and it is the duty of the vendor to actually make the payment and register the sales agreement. All fees and late registration charges must be paid by the vendor. You do not need to give any Power of Attorney to anyone to register your sales agreement

If you are asked to pay any more than 0.5% of your contract sales price please refer your lawyer/vendor to law 19/1963. Thanks to Ismet Ustunur for uncovering law 36/2005. Sales Agreements dated prior to December 2004 are subject to an 80% discount on the 1% penalty, making the Tax Office payment 0.7% (0.5% plus penalty of 0.2%). The government have not made a decision yet regarding a full penalty amnesty. If your Agreement is dated 2004 or before and you do not wish to wait for a government announcement you can go to your local TRNC Tax Office with an original signed contract and pay 0.7% of the sales price. Anyone can do this on your behalf and the tax office will accept YTL cash, sterling cash or a cheque drawn on a TRNC bank account.

When the Prime Ministry Property Complaints Office opened in July 2007 it quickly became apparent that the majority of buyers had not paid stamp duty and therefore the sales agreement was not legal and was not registered at the Land Registry. This was due to vendor negligence and careless practice by lawyers.

The HBPG have requested the government to allow a stamp duty amnesty period whereby no penalty for late payment is imposed. We are hopeful of a positive response by the end next week (1st February) and that the amnesty would run until the 8th April 2008. We have been asked to inform all buyers NOT to pay stamp duty until the amnesty decision is announced.

If your lawyer or vendor requests that you pay stamp duty please ensure that you receive an invoice showing how this is calculated and also a tax office receipt for prove of payment. Also ensure that you receive a copy of your stamped sales agreement.

When the sales agreements are analysed by the Land Registry it will provide vital information regarding what plots of land have been sold for development, if any fraud has been committed, i.e. mortgage taken on land since agreement was entered to, if there has been any double selling of plots, etc.

This is a positive indication that the government has finally acknowledged that the property related laws and regulations have been abused in the past.



the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
25/02/2008 19:51

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Message 253 of 255 in Discussion

Thank you stevie-d for pointing this out, .I too have looked without success for the bit that Milou was referring to and as you rightly say there isn't 290 replies. So come Milou put us right.



Avril



rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
25/02/2008 20:20

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Message 254 of 255 in Discussion

This is a reprint (as per message 67 above) of the homebuyers pressure group advice Jan 2008 updated 24/2/08

http://www.hbpg-trnc.net/documents/stampduty.html



Fazack


Joined: 21/01/2008
Posts: 9

Message Posted:
26/02/2008 18:19

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Message 255 of 255 in Discussion

This is a very long post so I can't be certain it has not been covered before, but.... We have bought at Sea Terra Bay and had to register at Famagusta. On 145 Feb 08, I went with my origingal contract, a photocopy, my passport and a photocopy. I followed my solicitor's directions (Talat Kursat) and found the office OK. However, they had decided the day before that they will only accept contracts in Turkish. This seems to have been a local decision in Famagusta as in Kyrenia they are happy to accept the english contract.



Since getting home, I have seen a copy email from TUGCE VOLKAN, PROPERTY INFORMATION OFFICE who says it doesn't have to be in Turkish, but the same lady has told the developer that she will check what they require. Worst case scenario, I could have to shell out translation fees and pay Talat £221 to do it for me. I am hanging on to see if the developer can do it for me, hopefully without a translation, before I decide wether to go out again to do it myself (amongst other things).



It seems like as it is a new thing, each area can do their own ting, then change the rules without telling anyone. Don't make the journey until you have established the language issue!! You may be wasting your time like I did!



I have done a document giving directions - is there a way I can post this for others to use?



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