Litigation Specialist property dispute

stusimpson


Joined: 06/08/2007
Posts: 178

Message Posted:
25/01/2011 18:23

Hi ,



I am currently in a dispute with my property developer and my solicitor has recommended I seek a litigation specialist as my contract is complex .



Usual question but are there any lawyers who are well respected when it comes to taking developers on as I will be pushing this no matter the cost .



Any help in this matter would be gratefully received .



Cheers Stu

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
25/01/2011 18:51

another thing to consider, who wrote the contract? Wouldn't be the solicitor who said s/he couldn't defend it in court would it?

stusimpson


Joined: 06/08/2007
Posts: 178

Message Posted:
25/01/2011 19:28

Well I have a contract with Tavor that I simply don't think would hold up against a thoroughly good Uk lawyer , I was due a refund in 4 days but for reasons that I'll leave on the other forum , I won't be getting it.



My solicitor has said the developer will not be paying me , and has advised using a litigation specialist .



I have no doubt that a competent expert on property law if they exist in TRNC would spot a few areas for challenge.



I did speak to an English solicitor who advised the contract had so many flaws and ambiguitys that weren't highlighted to me by my TRNC solicitor , who no longer works for the chambers .



Is there no decent specialist who has maybe worked for the Home Buyers Group or something ?



Or even an English based expert who knows TRNC law.



Cost is irrelevant to me I'm just not willing to roll over .



Cheers Stu

cronos


Joined: 26/10/2008
Posts: 2093

Message Posted:
25/01/2011 21:04

Stu....I am not being unduly negative when I say that if the contract was drawn up in the TRNC and is subject to TRNC law then you are probably on a hiding to nothing.

I would be very careful about throwing good money after bad on a "litigation specialist" unless you can find one who will take on the case on a no win no fee basis.

However,please note that in the TRNC it is not enough to "win"....you then have to fight to actually receive any award.

Good luck.

sapper


Joined: 17/01/2011
Posts: 15

Message Posted:
25/01/2011 21:26

Also dont like to be negative But if You Find a "litigation Specialist" with a proven track record he/she would be a multi millionare by now!



Stu if you find one email me off board have been lookinf for two years to date



Just to reiterate cronos msg 4 Don't throw good money after bad its just not worth it



I wish you well & Good luck



madge

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
25/01/2011 21:52

There is only one member that I can recall who has expressed positive statements about the TRNC legal system. Elkiton (TonyE) has pursued and won a case. You can find some comments from him here: http://www.cyprus44.com/forums/29984.asp and you can find his email address to give a personal message.

The only other thing I can suggest is that you look at the home buyers pressure group website where you can find the names of lawyers on the UK Foreign Office website.

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
25/01/2011 22:07

Have you had a look at this site?There's a link to N Cyprus lawyers



http://ukincyprus.fco.gov.uk/en/help-for-british-nationals/when-things-go-wrong/if-you-need-lawyer/list-lawyers-north-cyprus

TRNCvictim


Joined: 17/08/2010
Posts: 1417

Message Posted:
25/01/2011 22:10

stusimpson (mess 1)



Even if you manage to find a lawyer, and he/she manages to win your case in a court of law "will you get your money back"?



It's more than likely negative! don't waste whatever you have left!

stusimpson


Joined: 06/08/2007
Posts: 178

Message Posted:
25/01/2011 22:20

Thanks at this stage I just want someone to look at the contract and say 'Ok' that's not right.



I have shown my contract to an English solicitor who says if it was the Uk he would gladly take it on.



But as you say it's the TRNC ! At this stage I just want someone to look at it and see if it's worth taking on.



But appreciate all your replies , I've had a few recommends via email, very grateful !



Cheers Stu

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
25/01/2011 23:11

where is the property in question?

ismet

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
25/01/2011 23:12

I believe its Famagusta Elko2.

stusimpson


Joined: 06/08/2007
Posts: 178

Message Posted:
26/01/2011 00:24

Hi Elko,



Yes it's Bafra , the land comes under the Famagusta boundaries.



Just about every post I've ever made on '44 is about this particular place , mainly all good until about 6 months ago.



Out of respect to my fellow purchasers I'm happy to keep the actual name out of it , though it's obvious from my profile.



Just need to get the contract watertight before I go in with both feet. I think anyone reading it would sympathise , though I haven't lost everything just yet , so in that respect I'm lucky.



Cheers Stu

Brinsley


Joined: 04/04/2009
Posts: 6858

Message Posted:
26/01/2011 00:37

Msg 5

'he/she would be a multi millionare by now' (sic)

The majority of TRNC Advocates are already multi-millionaires for knowing and doing bugger all!



Richard

nostradamus


Joined: 15/04/2008
Posts: 557

Message Posted:
26/01/2011 08:57

You might like to speak to Gunesh Mentesh, phone: 0392-8151391. His law practice is in Girne and, having used his services in the past, I have always found him to be very effective. He was a barrister and QC in the UK prior to practicing in TRNC so is extremely well qualified. The only proviso is to deal with him personally and not any of the other lawyers who work for him.

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
26/01/2011 09:13

Perhaps you could email Elko, He knows the law here.

andy-f


Joined: 03/05/2009
Posts: 1256

Message Posted:
26/01/2011 17:41

well that answers my question on another thread about how thalassa beach is getting on !

stusimpson


Joined: 06/08/2007
Posts: 178

Message Posted:
26/01/2011 19:53

Thanks guys really appreciate your replies, a QC's advice sounds like a good idea. At this stage I would just like the contract having a good going over to see what my options are.



I have been given Elko's name offboard by alot of people so will drop him an email and see if he or his wife may like to have a look at my options.



Andy , I'd be shot down in flames if I put on here what I wanted - sadly, probably like I used to shoot others down in flames when they posted anything negative, I've learnt the hard way but I shall refrain from criticism until I see how things develop.



Cheers Stu

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
26/01/2011 20:08

Good luck Stu xxx

stusimpson


Joined: 06/08/2007
Posts: 178

Message Posted:
26/01/2011 20:46

Thankyou Lilli ,



Thats very much appreciated, my family have been messed about for too long now by people that should know better, and I'm not going to see them suffer anymore.



Stu x

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
26/01/2011 20:53

Its so hard love but I see where you are coming from. I wish you peace of heart and mind. You are smarter than the people you deal with, its sad but sometimes as we have found you cant get through. Stu stick to your principles as long as your family do not suffer any more pain xxxxxxxxx

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
26/01/2011 21:03

stusimpson,



Penalty fees are frequently not adhered too by advocates and developers even though they form part of a contract. (contracts do not seem to be legally binding in the TRNC) Most that have been successful have deducted the penalty fee from the final payment. Don't know what situation you are in with payments but this tactic might be worth pursuing by your advocate on completion.



Obviously Stu your worry will be your developer not transferring your deeds. Memorandums are becoming a real worry and whilst ever you don't have deeds you put yourself at risk.



Why is there a delay?

elkiton



Joined: 15/03/2009
Posts: 514

Message Posted:
26/01/2011 21:21

Hi,Good memory Greenman!

Saw your posting. Suggest you try to put most of the negative comments seen here out of your head and steer your own impartial course.....It's quite easy if you ignore the doomsayers.

Yes I litigated successfully in 2007 and secured all that was required, injunction, transfer of title, damages, guarantees - I got my house. Currently litigating again,the process has changed slightly for 2011,the emphasis being on an out of court settlement rather than a full blown hearing in open court,unless a settlement cannot be reached. Have been in court several times this year so far,and have the "big" date set for April.

My lawyer,experienced in contract work, from Turkey, practice based in Girne, email me and I will pass on details....elkin_tony@yahoo.co.uk One thing I will say is that you need to have a viable target, ie the man has assets which can be found after a search and sequestered, and that the law or contract has been provably broken.

Good luck

TonyE

andy-f


Joined: 03/05/2009
Posts: 1256

Message Posted:
26/01/2011 21:25

stu in one of your posts you say its not going to built until the summer ? if thats the case why waste more money in what is the TRNC legal minefield and just wait till hand over ?



andy

cronos


Joined: 26/10/2008
Posts: 2093

Message Posted:
26/01/2011 21:49

Tony...msg 22



It's always good to hear when people have had a measure of success.....pity you had to spoil it by trotting out the term "doomsayers" for anyone who dare suggest that the TRNC property market is anything other than a minefield.



Can I assume that you had to go to lengthy litigation to secure your first property, and you are now involved in lengthy and maybe expensive litigation again?



Not exactly a great advert for the TRNC is it, even for someone with your expertise ?

TRNCvictim


Joined: 17/08/2010
Posts: 1417

Message Posted:
26/01/2011 23:11

cronas,



Some strange people thrive on litigation! maybe they have nothing else in their lives?



Anyone with any common sense have already realised that the TRNC is no advert for anyone either wanting a home, or to invest, there are too many sharks! unless your like TonyE and have so much expertise! and so much money to spend! and understand where these creeps transfer their money!



TonyE I hope your big day in court in April! and the fact that you have been in court several times this year even though it's only the 26th January, doesn't take it's toll on your health!

stusimpson


Joined: 06/08/2007
Posts: 178

Message Posted:
27/01/2011 05:51

Andy,



I am a BA Captain, thought I'd seen it all , thought I knew better(I don't), the usual stuff.



Bought a property advertised by Savills, the 'reputable' estate agent, did all my home work on the land title etc.



Turns out because of a fall out between developer and builder, various legal to and fro between them, the TRNC government have suspended all building work, from 16th Dec due to irregularities.



My property bought in good faith in summer 2007 with a possession date of July 2009(Yep you heard it right) has the following in the contract.



Add 6 months to allow the developer some leeway in the build, fair enough now Jan 2010.



Then contract states you have to wait a further 12 months for a refund- so Jan 2011( i.e now) all agreed with the developer.



Developer always said it was 31st Jan not beginning though this isn't written down anywhere, its taken as read by everyone apparently according to my solicitor.

stusimpson


Joined: 06/08/2007
Posts: 178

Message Posted:
27/01/2011 05:57

11 days before the end of this month the developer says, according to your contract I can now vary the original possession date back in 2009 so you can't have a refund now.



He does not state when I can, what the delay is, nor if I will ever get it back. He also states that if the delay to the build is say 2 months (fair enough add 2 months to my refund if you like), he has not decided how long he will add.



As the founder of the thalassaowners forum, and the 'first' test victim of a refund, they are pushing with all their might to avoid paying me a refund.



I have no idea if and when I will ever see a refund and my apartment which I do not want to touch with a bargepole is a long, long way to completion. Hence the need to seek the advice of a good lawyer.



In reality at some point I will be legally due a refund, in my eyes now as the timescale has to be specified which it hasn't, a good lawyer would know that, the english ones are amazed no one can fight it.

stusimpson


Joined: 06/08/2007
Posts: 178

Message Posted:
27/01/2011 06:05

So I try and be positive and not post negative comments for the sake of the other owners on here, but there is absolutely no way as long as I am alive that someone who thinks he can hide behind fiddly TRNC law will keep my 50k from my family. No way, you have heard it before many many times more than me, but it will not be happening on this occasion.



I will do everything I can to stop my family having to worry because a developer thinks he can push my contract to the extreme for the sake of 50k, I used to be an avid supporter of said developer, I defended them to the hilt, and set up the owners forum. It amounts to nothing. I know I am dealing with businessmen, who have their own agenda, at least I know that now, and will act accordingly.



The developer wants nothing more to do with me now, and vice versa.



I hope that explains why I need a good lawyer.



Cheers Stu

stusimpson


Joined: 06/08/2007
Posts: 178

Message Posted:
27/01/2011 06:11

Further, maybe some veterans of the process think I might be being naive, but I now feel I am cut adrift from ever seeing my 50k, so do I give up and walk away or do I take this as far as I can.



I have been very careful to not destroy any reputation the developer has, and I won't until I know what they have planned for me, I have also distanced myself from the Thalassaowners forum, its my fight , and I'll leave them to their own problems, though none are due a refund for a while.



I'm almost tempted to just find a London based specialist who knows TRNC law, the cost is irrelevant now to me, I'm just not having someone playing games with my family, thinking they can get away with it.



Naive maybe, bitter yes, but willing to give it a go.



Thankyou for all the kind words on and off board, much appreciated.



Stu