Some forty property buyers in Cyprus may be left at the mercy of the bank and face the prospect of losing their homes following a move to liquidate a property developer with debts of around €3 million.
CRIMINAL proceedings have been initiated against a property developer in Paphos for the non-payment of VAT and the Court will soon be making a decision whether to send him to prison.
Meanwhile, a bank has moved an application to appoint receivers and liquidators to recover the company’s debts of approximately €3 million. Those who purchased property from the company oppose this move as they believe that the company has sufficient assets to meet its debts without them having to lose their homes.
A group of around forty Cypriot and foreign buyers are involved in this tragic situation. Some of the properties they bought have not been completed due to the financial problems encountered by the developer.
Buyers are blaming the bank for their predicament. In 2006, because of the economic situation, the bank refused to make a further loan to the property developer that may have enabled him to complete the project. However, the bank continued to grant mortgages to those buying property on the development in spite of the fact that it knew the developer was experiencing financial difficulties.
http://www.news.cyprus-property-buyers. ... /id=005879
Cyprus home buyers may lose their properties
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Cyprus home buyers may lose their properties
by Milo » Mon Oct 25, 2010 8:26 am
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by beverley10 » Mon Oct 25, 2010 4:56 pm
What would be fair is for the bank to reposess the developers homes and land and bank accounts and not the poor people who bought property from him,but that wont happen will it.?
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by georgios100 » Mon Oct 25, 2010 5:08 pm
Why the buyers did not insure their mortgages or deposits in case of a builder failure?
Does the CY bank provide mortgage insurance or not?
If the bank takes over, the "assets of the builder" would be actioned off with the proceeds going towards the bank dept & the people who gave deposits or payments?
Does the CY bank provide mortgage insurance or not?
If the bank takes over, the "assets of the builder" would be actioned off with the proceeds going towards the bank dept & the people who gave deposits or payments?
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by Svetlana » Mon Oct 25, 2010 5:51 pm
Beverley
The developer has no money although he does own a big house, although whether it si jointly owned with his ex-wife (and co-Director) I do not know.
I suspect there are some 100 buyers affected by this.
The developer has no money although he does own a big house, although whether it si jointly owned with his ex-wife (and co-Director) I do not know.
I suspect there are some 100 buyers affected by this.
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by bill cobbett » Tue Oct 26, 2010 12:29 am
Erm ladies........ any chance of naming this bank that's allegedly been involved in what you may have heard described as dodgy and very sharp practises so that we might be able to form our own opinions of this bank?
Thank you.
Thank you.
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by Svetlana » Tue Oct 26, 2010 12:23 pm
Originally he was borrowing from Alpha Bank; I am not able to say which Bank is the subject of this article.
I know the developer spent 3 weeks in jail a month or so back and I have heard that on 18 October he was sentenced to 5 months in jail.
I know the developer spent 3 weeks in jail a month or so back and I have heard that on 18 October he was sentenced to 5 months in jail.
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by beverley10 » Tue Oct 26, 2010 4:50 pm
Svetlana wrote:Beverley
The developer has no money although he does own a big house, although whether it si jointly owned with his ex-wife (and co-Director) I do not know.
I suspect there are some 100 buyers affected by this.
Svetlana,
Call me cynical but I do not believe for a moment that this developer has no money or assets that could not be found and putting everything under a relatives name etc should not be ignored as such.
I feel so sorry for the decent hard working trusting people(of all nationalities) that have now probably lost everything they have worked for.
The greed and dodgy dealings that have gone on in Cyprus(and other countries) by developers,agents and lawyers that have got rich by taking advantage of peoples trust is a disgrace and should be dealt with severely.I cannot imagine you would not agree with that and I am also sure that if you yourself found yourself on the receiving end of a crooked developer ,you would be saying the same as myself and others.
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by Svetlana » Sun Oct 31, 2010 11:16 am
Legal lifeline for property buyers
By Charles Charalambous
Published on October 31, 2010 +-Text size
THOUSANDS of buyers of property in Cyprus facing the threat of a bank chasing them for someone else’s spiralling debt ,or for repossessing property for which they had paid in full, can fight back using a little-known consumer protection law, and in the process radically transform the whole property market.
Under a 2005 European Union directive on consumer protection that became Cyprus law in 2007, property buyers whose purchase was encumbered by a developer’s mortgage or other charge without their knowledge, can make a claim for misselling. If upheld, that claim would see the original purchase agreement declared void.
The Unfair Commercial Practices Directive 29/2005/EC, which was introduced into Cyprus law as Law 103(I)/2007 on July 18, 2007, states that it is a violation for a business to omit or hide material facts from buyers, which if had been made known, would have influenced the buyer’s purchasing decision.
A question to the European Commission tabled in the European Parliament (EP) last week by British MEP Daniel Hannan says that “it is clearly a material fact that the property being purchased has a developer’s mortgage on it, and that in the event of the developer being forced into liquidation, buyers could potentially lose their homes. This fact is systematically hidden from potential buyers by developers.”
The EP question continues: “Cypriot banks even grant mortgages to buyers without informing them that the developer may also have a prior mortgage of his own on the property.”
The property market in Cyprus, which practically stagnated when the economic crisis hit home, has noticeably failed to recover in areas such as Paphos that have previously relied on British nationals buying holiday or retirement homes.
A major factor in this absence of recovery is a growing awareness of the long-standing legal and bureaucratic mess surrounding the issuing of title deeds, compounded by an increasing number of reports of sharp practice by developers, lawyers, estate agents and banks.
The British High Commission in Cyprus and a number of British MPs have been inundated with complaints from British nationals relating to the purchase of property in Cyprus. The current UK government is aware of those problems, and recently recommended to the Office of Fair Trading (OFT) that it investigates the question of misselling in relation to EU directive 29/2005/EC.
Some of the larger developers regularly market their services in the UK at foreign property fairs, either directly or through agents, so the OFT would be able to take action against anyone found to be breaking the law.
The body named in Cyprus Law 103(I)/2007 as the competent authority for not only enforcing the law’s provisions, but also to actively take steps to change the prevailing attitudes that result in misselling and other unfair commercial practices, is the Commerce Ministry’s Competition and Consumer Protection Service (CCPS).
Cyprus Property Action Group (CPAG) representative Denis O’Hare told the Sunday Mail that when he contacted the CCPS to ask how it was implementing the law in relation to property, he was told that “it does not cover immovable property”.
However, the definition of terms contained in the law defines “product” as “any goods or service, including immovable property, rights and obligations”.
Further, the EU directive clearly states that not only is immovable property covered, member states are expected to introduce additional laws or regulations to ensure this. Paragraph 9 in the Preamble says: “Financial services and immovable property, by reason of their complexity and inherent serious risks, necessitate detailed requirements, including positive obligations on traders. For this reason, in the field of financial services and immovable property, this Directive is without prejudice to the right of Member States to go beyond its provisions to protect the economic interests of consumers.”
The directive also states (preamble paragraph 22) that “it is necessary that Member States lay down penalties for infringements of the provisions of this Directive and they must ensure that these are enforced. The penalties must be effective, proportionate and dissuasive.”
Under Law 103(I)/2007, when the CCPS discovers a breach, it has the power to do various things, including imposing an administrative fine of up to 5 per cent of the turnover of the person responsible, or a fine of up to CY£150,000 (€256,290). Anyone who hinders the CCPS’s work is guilty of an offence punishable with a maximum fine of CY£50,000 (€85,430) or a 6-month prison sentence, or both.
A lawyer who is very familiar with the Cyprus property market told the Sunday Mail that “to my knowledge, the 2007 law has not so far been used”, and despite its having been published in the Government Gazette, did not think many lawyers – let alone consumers – would even be aware of it.
The lawyer said that the issue of misselling property by omitting crucial facts was clear-cut, and the first line of protection was reliable legal advice: “You should be explained the law in Cyprus, you should be explained your rights, you should be explained what is involved in the deal, and then as a responsible adult, you make your decision.”
Regarding the CCPS’s responsibilities as the competent authority, he said: “Once a claim has been lodged with the CCPS, they are obliged to investigate.”
If the CCPS zere to fail to act, an alternative would be to make a proper claim to the courts, asking for an agreement believed to be based on misselling to be voided. “As soon as you get a judgement in your favour, you would then ask for a remedy, which would include a claim for damages to cover monies paid, compensation, etc.”, the lawyer said.
He added that, depending on the details of each case, a separate request might be needed to oblige a developer to assume liability for repayments under a mortgage agreement covering the purchase of a property.
O’Hare was unequivocal about who needs to act: “The competent authority is the CCPS. They are the ones who must enforce the law, and must rule on whether or not misselling has taken place. It’s black and white – the law is there to make sure that consumers are aware of things that might dissuade them from entering into a purchase agreement.”
He added: “Now that we know that misselling is a crime in Cyprus law, will the CCPS ensure that this behaviour is stamped out? Not to do so would be to compound the original crime.”
The implications for the Cyprus property market are huge.
Proper enforcement of Law 103(I)/2007 may well drive a number of unscrupulous developers out of business, quite apart from the prospect of the banks having to deal with their own liability and at the same time sort sound loans from the unsound from among the estimated €7 billion in property-related mortgages.
One major bank is already having to deal with its sizeable exposure to one developer said to be facing financial difficulties, compounded by unconfirmed allegations of the misselling of Swiss franc mortgages to purchasers of property from that developer.
What is certain for many property-buyers today is that the current situation simply cannot be allowed to continue unchecked.
By Charles Charalambous
Published on October 31, 2010 +-Text size
THOUSANDS of buyers of property in Cyprus facing the threat of a bank chasing them for someone else’s spiralling debt ,or for repossessing property for which they had paid in full, can fight back using a little-known consumer protection law, and in the process radically transform the whole property market.
Under a 2005 European Union directive on consumer protection that became Cyprus law in 2007, property buyers whose purchase was encumbered by a developer’s mortgage or other charge without their knowledge, can make a claim for misselling. If upheld, that claim would see the original purchase agreement declared void.
The Unfair Commercial Practices Directive 29/2005/EC, which was introduced into Cyprus law as Law 103(I)/2007 on July 18, 2007, states that it is a violation for a business to omit or hide material facts from buyers, which if had been made known, would have influenced the buyer’s purchasing decision.
A question to the European Commission tabled in the European Parliament (EP) last week by British MEP Daniel Hannan says that “it is clearly a material fact that the property being purchased has a developer’s mortgage on it, and that in the event of the developer being forced into liquidation, buyers could potentially lose their homes. This fact is systematically hidden from potential buyers by developers.”
The EP question continues: “Cypriot banks even grant mortgages to buyers without informing them that the developer may also have a prior mortgage of his own on the property.”
The property market in Cyprus, which practically stagnated when the economic crisis hit home, has noticeably failed to recover in areas such as Paphos that have previously relied on British nationals buying holiday or retirement homes.
A major factor in this absence of recovery is a growing awareness of the long-standing legal and bureaucratic mess surrounding the issuing of title deeds, compounded by an increasing number of reports of sharp practice by developers, lawyers, estate agents and banks.
The British High Commission in Cyprus and a number of British MPs have been inundated with complaints from British nationals relating to the purchase of property in Cyprus. The current UK government is aware of those problems, and recently recommended to the Office of Fair Trading (OFT) that it investigates the question of misselling in relation to EU directive 29/2005/EC.
Some of the larger developers regularly market their services in the UK at foreign property fairs, either directly or through agents, so the OFT would be able to take action against anyone found to be breaking the law.
The body named in Cyprus Law 103(I)/2007 as the competent authority for not only enforcing the law’s provisions, but also to actively take steps to change the prevailing attitudes that result in misselling and other unfair commercial practices, is the Commerce Ministry’s Competition and Consumer Protection Service (CCPS).
Cyprus Property Action Group (CPAG) representative Denis O’Hare told the Sunday Mail that when he contacted the CCPS to ask how it was implementing the law in relation to property, he was told that “it does not cover immovable property”.
However, the definition of terms contained in the law defines “product” as “any goods or service, including immovable property, rights and obligations”.
Further, the EU directive clearly states that not only is immovable property covered, member states are expected to introduce additional laws or regulations to ensure this. Paragraph 9 in the Preamble says: “Financial services and immovable property, by reason of their complexity and inherent serious risks, necessitate detailed requirements, including positive obligations on traders. For this reason, in the field of financial services and immovable property, this Directive is without prejudice to the right of Member States to go beyond its provisions to protect the economic interests of consumers.”
The directive also states (preamble paragraph 22) that “it is necessary that Member States lay down penalties for infringements of the provisions of this Directive and they must ensure that these are enforced. The penalties must be effective, proportionate and dissuasive.”
Under Law 103(I)/2007, when the CCPS discovers a breach, it has the power to do various things, including imposing an administrative fine of up to 5 per cent of the turnover of the person responsible, or a fine of up to CY£150,000 (€256,290). Anyone who hinders the CCPS’s work is guilty of an offence punishable with a maximum fine of CY£50,000 (€85,430) or a 6-month prison sentence, or both.
A lawyer who is very familiar with the Cyprus property market told the Sunday Mail that “to my knowledge, the 2007 law has not so far been used”, and despite its having been published in the Government Gazette, did not think many lawyers – let alone consumers – would even be aware of it.
The lawyer said that the issue of misselling property by omitting crucial facts was clear-cut, and the first line of protection was reliable legal advice: “You should be explained the law in Cyprus, you should be explained your rights, you should be explained what is involved in the deal, and then as a responsible adult, you make your decision.”
Regarding the CCPS’s responsibilities as the competent authority, he said: “Once a claim has been lodged with the CCPS, they are obliged to investigate.”
If the CCPS zere to fail to act, an alternative would be to make a proper claim to the courts, asking for an agreement believed to be based on misselling to be voided. “As soon as you get a judgement in your favour, you would then ask for a remedy, which would include a claim for damages to cover monies paid, compensation, etc.”, the lawyer said.
He added that, depending on the details of each case, a separate request might be needed to oblige a developer to assume liability for repayments under a mortgage agreement covering the purchase of a property.
O’Hare was unequivocal about who needs to act: “The competent authority is the CCPS. They are the ones who must enforce the law, and must rule on whether or not misselling has taken place. It’s black and white – the law is there to make sure that consumers are aware of things that might dissuade them from entering into a purchase agreement.”
He added: “Now that we know that misselling is a crime in Cyprus law, will the CCPS ensure that this behaviour is stamped out? Not to do so would be to compound the original crime.”
The implications for the Cyprus property market are huge.
Proper enforcement of Law 103(I)/2007 may well drive a number of unscrupulous developers out of business, quite apart from the prospect of the banks having to deal with their own liability and at the same time sort sound loans from the unsound from among the estimated €7 billion in property-related mortgages.
One major bank is already having to deal with its sizeable exposure to one developer said to be facing financial difficulties, compounded by unconfirmed allegations of the misselling of Swiss franc mortgages to purchasers of property from that developer.
What is certain for many property-buyers today is that the current situation simply cannot be allowed to continue unchecked.
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by Milo » Sun Oct 31, 2010 6:02 pm
That could well be the legal loophole to get all buyers out of the mire, one or two banks will be bricking it now this has been made known.
What is sinister is this legal loophole was obviously known about by some here
I have sent this on to many buyers in trouble, the establishment could well be inundated in a few short days.
The wheels may well still turn horribly slowly though Lana, BUT its a positive I think.
The implications for the Cyprus property market are huge.
Proper enforcement of Law 103(I)/2007 may well drive a number of unscrupulous developers out of business, quite apart from the prospect of the banks having to deal with their own liability and at the same time sort sound loans from the unsound from among the estimated €7 billion in property-related mortgages.
One major bank is already having to deal with its sizeable exposure to one developer said to be facing financial difficulties, compounded by unconfirmed allegations of the misselling of Swiss franc mortgages to purchasers of property from that developer.
A lawyer who is very familiar with the Cyprus property market told the Sunday Mail that “to my knowledge, the 2007 law has not so far been used”, and despite its having been published in the Government Gazette, did not think many lawyers – let alone consumers – would even be aware of it.
What is sinister is this legal loophole was obviously known about by some here
I have sent this on to many buyers in trouble, the establishment could well be inundated in a few short days.
The wheels may well still turn horribly slowly though Lana, BUT its a positive I think.
The implications for the Cyprus property market are huge.
Proper enforcement of Law 103(I)/2007 may well drive a number of unscrupulous developers out of business, quite apart from the prospect of the banks having to deal with their own liability and at the same time sort sound loans from the unsound from among the estimated €7 billion in property-related mortgages.
One major bank is already having to deal with its sizeable exposure to one developer said to be facing financial difficulties, compounded by unconfirmed allegations of the misselling of Swiss franc mortgages to purchasers of property from that developer.
A lawyer who is very familiar with the Cyprus property market told the Sunday Mail that “to my knowledge, the 2007 law has not so far been used”, and despite its having been published in the Government Gazette, did not think many lawyers – let alone consumers – would even be aware of it.
-
Milo - Contributor
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