Title Deed fiasco.

[Brook]

I'll try and keep this as simple as possible! In 2001 we purchased a flat. There were title deeds with it. A property developer had bought it for his clients to stay in but changed his mind and we purchased it. We used an independent solicitor of good repute for the transaction and paid all the associated costs. Happy days. We now wish to sell it and here the problem starts. The solicitor made an error and didn't change the deeds into our name, it's still in the Developers. After contacting the solicitor she is saying we will have to give her power of attorney, pay tax on the value (as we are a purchaser) pay the developers tax as if he has sold it now, any bills outstanding and try to get the deeds off the developer. We bought the flat for 18,000 cyprus pounds. Will we have to pay tax on on a current estimate of its value? We have the sale of transfer paperwork. Any advice please as I don't know what we should do.

[Pantheman]

I'll try and keep this as simple as possible! In 2001 we purchased a flat. There were title deeds with it. A property developer had bought it for his clients to stay in but changed his mind and we purchased it. We used an independent solicitor of good repute for the transaction and paid all the associated costs. Happy days. We now wish to sell it and here the problem starts. The solicitor made an error and didn't change the deeds into our name, it's still in the Developers. After contacting the solicitor she is saying we will have to give her power of attorney, pay tax on the value (as we are a purchaser) pay the developers tax as if he has sold it now, any bills outstanding and try to get the deeds off the developer. We bought the flat for 18,000 cyprus pounds. Will we have to pay tax on on a current estimate of its value? We have the sale of transfer paperwork. Any advice please as I don't know what we should do.

sue the solicitor for negligence and possibly fraud. How the hell did you manage to buy it with no deeds issued to you?????

Did you not ask for them??

[Brook]

Hello and thanks for your reply.

We knew the other residents had title deeds. The solicitor was very insistent that nothing would proceed unless they were present. The paperwork went to and fro between us in England and Cyprus. Everything seemed to have gone well. We presumed that paying over £1000 cyp pounds in 2001 for her services would protect us. We have a sale agreement but no idea whether it has been registered at the lands office. I presumed she had the title deed on our behalf. When I found out about the mess, she told me an employee had been left to do that part but has since left the practice.

This law firm is large, not a back street set up. No offence meant but how the heck can I try and sue a so called eminent law firm of that standing?

[Pantheman]

Hello and thanks for your reply.

We knew the other residents had title deeds. The solicitor was very insistent that nothing would proceed unless they were present. The paperwork went to and fro between us in England and Cyprus. Everything seemed to have gone well. We presumed that paying over £1000 cyp pounds in 2001 for her services would protect us. We have a sale agreement but no idea whether it has been registered at the lands office. I presumed she had the title deed on our behalf. When I found out about the mess, she told me an employee had been left to do that part but has since left the practice.

This law firm is large, not a back street set up. No offence meant but how the heck can I try and sue a so called eminent law firm of that standing?

Then it is even more shameful that such a firm should have failed you like that. You should look to report them to the Cyprus Bar for what's it worth and speak to another lawyer to take professional advice on how to proceed. Them just washing their hands of it by saying some other employee has since left is totally unacceptable.

At the end of the day, if your contract has not been registered at the Land Registry and you have no deeds, then you have no apartment to speak about. Sorry to be so blunt, but that's where you stand. You either have to fight it and get what's owed to you or just forget it.

[Brook]

Thank you Pantheman.

I'm not giving up as I'm fuming and feeling totally humiliated! I have a sale agreement and If I can get a copy of the title deed I must be able to do something without needing the solicitor. I'm planning on visiting Cyprus as soon as possible work allowing.

[Nigel Howarth]

Hi Brook

You should certainly complain to the Cyprus Bar Association on the grounds of 'Inadequate Professional Services' - see http://www.cyprusbarassociation.org/v1/ ... l-services

You should write a letter to the Disciplinary Board and send it to their offices:

Disciplinary Board
1 APELIS
1403 Nicosia
Cyprus

The fee for lodging a complaint is €68.00.

I see that this so called eminent law firm has admitted liability. I would expect them to pay any additional costs incurred by yourself in connection with their c*ck-*p. You may wish to write to them to this effect.

It used to be the case that you could apply to a court for an order enabling you to deposit an 'old' contract of sale.However, a Supreme Court ruling in May (ref 53/2016) prevents buyers who purchased property before 29th July 2011 and whose lawyers omitted to deposit their contracts of sale at Land Registries from obtaining court orders enabling them to do so.

I have raised this issue with the Department of Lands and Surveys. Hopefully something can be done.

As the situation is at the moment is to redraft the contract of sale and deposit it at the Land Registry.

When the transfer takes place the Land Registry will calculate the market value of the property at its date of sale (i.e. The date on the 'new' contract). This will be considerably higher than the price you paid in 2001!

You will need a lawyer - if the present incumbent refuses to proceed as described above I suggest that you dispense with her services and appoint another one to represent your interests from the list of lawyers provided by the British High Commission in Nicosia.

Regards,

[Brook]

Thanks for your help.

I'm chasing things up now. Out of interest, what is the situation if the contract of sale has already been registered but no title deeds issued?

Many thanks again for the previous advice.

[Pantheman]

Thanks for your help.

I'm chasing things up now. Out of interest, what is the situation if the contract of sale has already been registered but no title deeds issued?

Many thanks again for the previous advice.

If it is registered in your name then you are the beneficial owner of that property and the title deeds can only be transferred to you.

If the contract is not registered in your name, you do not own that property officially!