Cyprus-Forum.com

[Alassa]

Hi, I wonder if any of you had any opinions on the situation I find myself in with my builder.

We moved into our house at the end of 2005. Just after we moved in the builder came by with a list of "extras" which totalled nearly £7K. Some of the items on the list we never asked him to do! E.G we came up to the house one day and discovered he'd put in an AC unit in the kitchen. That was never in the plan and we hadn't wanted it. He just said, well its up now let's leave it. I naively assumed he was gifting it to us !!

He's now pushing for the £7K which I don't have as i was recently made redundant. I've offered him £1K now and to pay the balance in instalments as and when which he has refused and is now threatening me with lawyers.

I'm wondering what my position would be legally bearing in mind the following:

1. Some of the items on the list we never asked him to do. (We are willing to pay of course for the things that we did ask for). He therefore has nothing in writing from us requesting these jobs nor have we ever signed for anything.

2. He cannot produce any receipts to show how much he paid despite asking for them. He's claiming VAT so he must have a receipt from the merchants for things like floor tiles and stuff surely?

3. There are still some major things needing finished in the house - the bathroom has damp for instance and some other smaller things.

If it ends up escalating I just want to be aware of my position. Obviously I will need a good English speaking lawyer so if anyone has any recommendations please advise.

Thanks for your opinions on this.
Krgds
A

[Svetlana]

You should not have to pay for unrequested extras; it is unlikely your developer will take you to Court bearing in mind the extreme slow nature of the legal system here for Civil matters - and £7000 is not a huge amount of money.

However, falling out with your developer here can be a dangerous thing:
i) any outstanding snagging will remain outstanding
ii) there will be a long wait for your Title Deeds
iii) he can prevent you selling for 5 or 6 years until your Title Deeds become available by refusing to sign a Cancelation Agreement

try to settle, is my advice but be firm in your negotiation.

For a lwayer you could use:

Louise Zambartas
Law offices of Louise Zambartas

E-MAIL
Louise - [email protected]
Pamela - [email protected]
Kiara - [email protected]
Katerina - [email protected]
Alexandra - [email protected]
PHONE 00357 25373734 (8 lines)
FAX 00357 25 725502

Vashiotis Loukas Court 303
Manoli Kalomiri 7
Limassol 3030

Lana

[twinkle]

What ever was stated in your contract you should pay for. Nothing more....

[Radio]

What about the lawyer you used for the purchase, what does he/she say ?.
They should be your first port of call.

[raymanuva]

tell them to piss off, even if you requested some extras verbally, without proper order and contract, there is no proof... then again, tell him to f*ck off.

[joanna]

I agree with Svetlana, be wary, but dont let them walk all over you, the greeks (especially anyone in the building trade) will try anything to get extra cash!!

[jane12]

Firstly. Don't do anything without a lawyer. Yes, a lawyer will cost, but acting without one will cost more.
Consider that - under the conditions you describe, you are on the right side of the law, and acting outside of what was contractually agreed, the builder is on the wrong side of the law.
PLEASE... don't just tell the builder to p**s off as some people suggest.. I know it's very tempting, but resist the urge, get legal backing, and this should be resolved into your favour.
Good luck.

[nhowarth]

Hi Alassa,

Unfortunately, this practice is becoming more common - he's just trying to get more money out of you. Has he given you a list of what these 'extras' are?

In the UK, I believe that you could claim these as being 'unsolicited goods' - Under the Consumer Protection (Distance Selling) Regulations 2000, it is a criminal offence to demand payment for unsolicited goods from a consumer. Any goods delivered can be kept, for free, by the consumer.

I don't know what the rules are in Cyprus - but there's an online complaint form you can complete at: http://www.mcit.gov.cy/mcit/mcit.nsf/dm ... n?OpenForm

And as Svetlana suggests, if you can't resolve the matter have a word with Louise Zambartas.

Regards,

[Eliko]

My advice to you in this matter would be to negotiate a fair settlement, if the work done is to a fair standard albeit beyond your initial requirements, try a little diplomacy. Explain your position to the builder and avoid all the legal possibilities, it may well be that the builder was acting in your interests by carrying out the extra work, invite him to produce evidence of his extras and make him a reasonable offer, if he does not agree you will be in a better position should the matter be taken to legal process, be sure to have your final settlement in writing and insist on a notification of completion to your complete satisfaction. That is the outcome I would seek, good luck in yours.

[simonwjones]

You should not have to pay for unrequested extras; it is unlikely your developer will take you to Court bearing in mind the extreme slow nature of the legal system here for Civil matters - and £7000 is not a huge amount of money.

However, falling out with your developer here can be a dangerous thing:
i) any outstanding snagging will remain outstanding
ii) there will be a long wait for your Title Deeds
iii) he can prevent you selling for 5 or 6 years until your Title Deeds become available by refusing to sign a Cancelation Agreement

try to settle, is my advice but be firm in your negotiation.

For a lwayer you could use:

Louise Zambartas
Law offices of Louise Zambartas

E-MAIL
Louise - [email protected]
Pamela - [email protected]
Kiara - [email protected]
Katerina - [email protected]
Alexandra - [email protected]
PHONE 00357 25373734 (8 lines)
FAX 00357 25 725502

Vashiotis Loukas Court 303
Manoli Kalomiri 7
Limassol 3030

Lana

We have used Louise for our apartment. She is very good indeed, very patient and helpful. She is English.

The posts above are correct. You only pay what is in the contract, if it aint in the contract then he will have to run and jump. If you can't afford it, and didnt ask for it, why dont you ask him to take it down.

He can't find a receipt? This is not correct, if he has lost the receipt how does he know what to charge you!!!

Stick to your guns, but do be careful. Speak to Louise and she will help you.