by hissyfits » Tue Nov 16, 2010 9:33 pm
Sad to hear of your predicament Janet. You are not alone in your experience, despite intimidation by developers, many Brits that have suffered similar experiences are now coming forward and sharing their experience. As a result the British High Commission are warning potential buyers of the high risks and lack of legal protection involved in buying in Cyprus.
The Government, well aware of all the problems, have continually promised, not only the buyers with problems but the EU, that they would introduce and implement laws to protect consumers. However deadlines have come and gone (2008 was the date agreed) and nothing has been achieved. Its a "close the ranks" situation where Estate Agents, Lawyers, police and Developers all work together, knowing that there will be no intervention or culpability for their actions.
There will always be corrupt developers, no matter where in the world you purchase. The problem with Cyprus is that when things go wrong, you have no redress other than waiting years for your case to come to court and wasting even more money on expensive legal fees. You will also find that if you do pursue legal action you will be requested to attend court, with little to no notice and each time the hearing will be adjourned so as to produce as much inconvenience as possible and with the hope that you will drop the case.
There was a recent case where a Cypriot lawyer successfully sued another Cypriot lawyer for failings in his duty of care and to carryout statutory searches. Sadly it took 11 years to reach conclusion but the family involved did get their money returned.I don't know if you could sue your original solicitor for the same reason. Many lawyers simply refuse to do this. Despite all the legal failings identified and the evident fraud committed , the lawyer concerned is still practicing and I think this speaks volumes about justice and accountability within the Cypriot legal system. This being the problem you will face should you decide to take legal action.
I am sorry I paint a poor picture but this is the reality, check a few of the other forums out and share your experience with the many others in similar positions. Make sure the lawyer you now have acting for you is highly recommended by others and do not pay too much attention to the British High Commissions recommended lawyer list. (One already under investigation for double selling on their list) Make sure your lawyer is acting completely independently.
I doubt you will get much support or sympathy from this forum, the general response is to blame "moaning Brits" and suggest you should have done more homework. The developer will be described as an excellent business man and a fine up-standing member of the community. There will be denial that there is any problems and if there are these will be "self inflicted" It will be dismissed as a rare happening but if you seek support from those in similar positions they will be able to share their experiences and help you to decide the best way forward.
I will Email some other support networks. I sincerely hope it works out well for your family. Perhaps you could keep us informed of your progress?