The Rambler - 17 August 2009
We have a saying: if the cap fits wear it
I have to ask myself if the Cyprus Today is reporting faithfully what was said by Hasan Sonmezer regarding the article ‘Don’t blame us say lawyers’. Could he really have said something so controversial?
Are the leading Turkish Cypriot Lawyers really blaming the expats (specifically the Brits) for not knowing the intricacies of the TRNC laws (silly us – aren’t they based on UK laws or so we were told, so therefore safe?) Are these practicing custodians of the law really trying to defend their behaviour by blaming everybody but themselves? Is it really our fault because we do not know the laws and therefore do not know when we are being duped, or lied to, or cheated?
It is common practice in any situation that we find ourselves in, when outside our own area of expertise, to employ an expert to guide us through the process. That’s why we employ a lawyer/advocate/solicitor – to guide us through the minefield of buying homes in a country which is not our own.
So let us ask ourselves – how many people were warned of the downside of buying in the TRNC?
How many of us were told that by LAW we have to obtain Permission to Purchase (PTP) before we could legally own the immovable property we wished to purchase?
How many were told that REGARDLESS of the status of the land you bought, that it would remain in the builders/landowners name until you had your Permission to Purchase granted and the title transfer takes place (not a foregone conclusion)?
How many of us were told that this means, if the Vendor dies that asset would go to his estate as part of probate? (Even if we have PTP)
How many of us were told that this means that the Vendor can raise money on the asset you will have paid for, but which is still legally his until he decides to transfer title to you? (without having to tell you the Purchaser – as you don’t exist in law)
How many of us were told that this also means that there is no specific performance law applicable to immovable property sold to Aliens? (Immovable property contracts are covered under Specific Performance Law but, in the TRNC, this law can’t protect you because of the lengthy PTP process).
How many of us were told that this means that if the Vendor decides not to transfer title to you upon you receiving Permission to Purchase – there is nothing you can do to force him to do so.
How many of us were told that we cannot rely on the fact that if a builder calls himself a builder – that he has the right to do so?
How many of us were warned that we were about to conduct business with people who were not part of the construction union and therefore were about to do business with an illegal builder?
How many of us were told that the solicitor/advocate/lawyer was representing both parties?
How many of us who purchased property on a shared plot (approximately 3000) between 8th August 2002 (when it was published in the Gazette) and late Oct/Nov 2003 (when it was rescinded) were told about the Cap 109 s3 Law about restrictions on acquisition of immovable property by Aliens?
According to that amendment, unless an immovable property was sub divided into separate title deeds, an Alien could not acquire an immovable property in an undivided form.
Now – as a lay person my understanding is that when I met my stage payments that fell due during this period, I was in fact handing over monies for something I could never own in law AT THAT TIME – REGARDLESS of whether I received my Permission to Purchase or not – because the LAW prevented me from doing so. Could this be classified as fraud, misrepresentation and deception by my vendor and solicitor/advocate/lawyer?
Why were we never informed of this change to the LAW– by our solicitor/advocate/lawyer, or indeed our Vendor who collected our payments into his English bank account?
Now, our solicitor/advocate/lawyer knew their job well enough to cancel our Permission to Purchase (without our knowledge or authority). It was cancelled (or withdrawn) because the application would have failed at the Interior Ministry - as they could not give permission for us to own an undivided plot as an Alien under the Cap 109 s3 amendment.
Why did our solicitor/advocate/lawyer do this? Because under the terms of our contract if PTP was refused - AND IT WOULD HAVE BEEN REFUSED - we could have our money back
Have you ever wondered where the 2002/2003/2004 backlog of applications came from – well that is the answer.
So, yes it may be unfair that all solicitors/advocates/lawyers are tarred with the same brush. Just as it is a shame that all builders are tarred with the bad workmanship or business practices of illegal builders. It is equally unfair that all Brits are labelled as complainers and singled out every time which I personally consider to be racism!
The HBPG have 7000 members of all nationalities, all of whom are angry with one element or another of the buying process in the TRNC. To whom do these people go to vent their anger, are you prepared to listen Mr Sonmezer? Your predecessors were not! Are you made of sterner stuff, can you look honestly at the problems some of the lawyers/advocates/solicitors have created, and deal with them?
The legal profession is a powerful lobby in this country and they should use that power – not to hit out at frustrated victims of malpractice in any sector, but to sort the mess out by applying the laws.
Let me pose this question – by LAW no alien is allowed to own immovable property without first obtaining their PTP. If the legal profession stood its ground and refused contracts to proceed past the deposit stage until PTP was granted, what would happen? I believe the construction industry would shout long and hard at the government and the process for granting such permission would be speeded up to less than six weeks.
One simple act – apply the law and see most of the problems surrounding purchasing of immovable property for Aliens disappear. Is it so much to ask?
You say it is a crime and unethical to insult the justice system. I put it to you that, not being able to bring a case against advocates/solicitors/lawyers where is our recourse? As so many consider that they have been given the wrong information, been misled, deceived, lied to? How do you expect people to react when they are told that the very people they place their futures and trust in have ‘no duty of care to their clients’? The paper states that it is a crime to insult the judiciary and unethical – the real crime is that no one looks into complaints against those who bring the judiciary into disrepute. The HBPG can reveal the names and transgressions of your members, with evidence and witnesses, but then you know this, because your bar has had the list for some years and done nothing.
Lastly you may be a powerful lobby group but ours is bigger (7000) and growing, so to ignore us would be foolish at the very least.
I also find it incredible that after over 4 years of reports in the paper of the misery inflicted on buyers, not one minister or official has had the courage to step forward to help or openly support the efforts of the HBPG.
In the UK we have Lords, MPs and Turkish Cypriot councillors fighting for the TRNC.
Who in the TRNC government or justice system is fighting for the 7000 victims of the TRNC property scams, NONE.
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