Cyprus-Forum.com

by **whirlybird** » Mon Oct 17, 2005 12:54 pm

Hi,
Wife and I have been holidaying in Cyprus past 3 years. We decided to buy a bungalow to retire to in the South Famagusta area. The builder we selected has been in the construction industry for 20 years. The finish of his homes build is exellent on the site we saw (27 mixed types ).The house we are building is off plan on another site, this site is currently being advertised in BUYSELL. We paid £2000cy deposit and agreed on stage payments first being 30% with the last being £8000cy on completion to our satisfaction. However the only thing that is a bit daunting is that we used the contractors Advocate. Everyone keeps telling us we should have used an independant one !! All our payments will be though a Sterling Exchange company in England and the the transfer will be made into an account ( LIAKI BANK )which the contractor has for his construction porposes etc. We alse opened an account in the same bank. Do we have any need for worry.

Regards,

Whirlybird.

by **cyprusgrump** » Mon Oct 17, 2005 3:51 pm

It always makes sense to have independent legal advice in such circumstances.

To be honest, you’ve left it a bit too late to start worrying about it now.

by **Svetlana** » Tue Oct 18, 2005 8:47 am

Regarding using the Developer's advocate:

NO,

NO,

and NO!

An advocate is only worthwhile when problems occur (and forstalling problems, of course) so who's side will he be on if there is a conflict between you and the developer? You will pay the advocate one fee; the developer may bringing him customers for the next ten years as well as possibly be giving him/her tens of thousands of pounds of his own business.

Does your Contract have penalty clause for late delivery? Does it cap Cancellation Fees? (Has the lawyer/developer explained Cancellation Fees?). Does it contain any requirement on the Developer to expedite provision of Title Deeds? Has the lawyer checked the developer has: the Title Deeds/Building Permit/Planning Permission. Is there an encumbrance (ie mortgage) on the land?.

Independent advice is good advice - and cheap insurance on a major investment by you.

Lana

by **devil** » Tue Oct 18, 2005 10:50 am

In any case, no lawyer, if he is good, will EVER accept a mandate from a potential client if he deems there could be a conflict of interest. If he does so, he is a shyster who should be struck off the bar. If he has already done so, then change lawyers at the speed of light and cry out his unethical behaviour loud and clear.

by **Svetlana** » Tue Oct 18, 2005 11:10 am

Hi Devil

In Cyprus, it is legal for a lawyer to represenent both Buyer and vendor.

Lana

by **devil** » Tue Oct 18, 2005 11:42 am

It may be legal but it is definitely unethical.

by **Svetlana** » Tue Oct 18, 2005 2:34 pm

Talking of unethical; I am told that a number of officals from the Planning Department in Paphos were suspended a couple of weeks back.

Allegedly, they were treating one sucessful developer differently to all others, because they were regarded as being too successful.

Lana