miltiades wrote:
The huge difference in buying land and property in the ROC is that the law demands that the seller must be the legal owner with legal deeds in possession and that the buyer on exchanging contracts and fully paying for the land or property receives title of land or property and the legal deeds that the entire world , including the Banking world most importantly , recognises as proper evidence of a legal acquisition of land or property. .
If you are saying that the buyer should get the deeds as soon as he has paid for the property if full miltiades I'm afraid that sadly this doesn't happen in Cyprus and there are buyers who have been waiting years for their title deeds ~ some of the more unfortunate buyers have been waiting 10 years and over .
The average waiting time from paying for your property / moving in and actually receiving your deeds for a new build is 5 years ~ during this time the buyer does not legally own the property the developer does and also during this time he may take out a mortgage quite legally on his clients property to help fund his next project .
It's not just the little tin pot builders/developers doing this most of the large and well known/respected developers are doing it too including the Orthodox church where they have built projects.
It's something that really needs sorting out in Cyprus but I doubt if it will change as there are so many financial benefits for the developer to delay issuing the deeds ~ one of the biggest earners for the developer apart from the buyer paying the developers IPT is being paid to give permission to change over the sale contract ~ so lets say I buy a two bed apartment for holiday use and then a few years later move to Cyprus and decide to sell it and buy a house ~ I would need permission from the builder / developer to sell MY paid for in full property and unless the lawyer has done his job properly this could cost thousands.
A relative was asked for £12,000 when she recently wanted to sell her property just so the developer could change over the contract to the new buyer ~ she refused to pay and it was only when she was about to take the property off the market that the developer reduced his fee to £5,000 .
Sadly a lot of lawyers are "in the family" of most developers and tend to make out contracts to suit the developers and not the buyers that they are supposed to represent when my relative questioned the lawyer over this charge she was told that as she hadn't asked for the charges to be capped the lawyer didn't include it in the contract ~ with all the best thoughts in the world you could hardly say that the lawyer was looking after the buyers interests.
The situation in Cyprus is far from ideal and the buyer sadly has few rights ~ even when you have really been screwed there is little point in taking it further as you won't get a lawyer to take another one to court plus the bar association will give little or no help .
Buying property in Cyprus is fraught with problems that just don't exist in other EU countries .
I personally just can't get my head round a system that allows a developer to hang on to the deeds for years and lets him to take out mortgages on that property after the buyer has paid for it in full ~ I wonder how many properties have been repossess by the bank when the builder has not kept up his mortgage payments ( I know of two ) and the person who is living in the property and paid the builder in full has been given the option of paying the builders debts or being thrown out ~ The lawyers in both the instances I know about just shrugged their shoulders and commented " sorry it happens and I can't help you ".
Personally I wouldn't buy a property off plan or for that matter a resale without deeds in Cyprus as it's far to risky but it seems thousands do ( including many Cypriots ) after all they have the lawyer assuring them that everything will be OK ~ so it must be
.
Now buying in the North is a different scenario altogether not only have you got all the problems the ROC has but much much more nasties waiting for the unsuspecting buyer plus the question of the legality of the land the property is being built on .
Bill