Is lawyer negligent?

Drop in & say hello
Post Reply
Brookster
Posts: 32
Joined: 22 Mar 2014 13:04

Is lawyer negligent?

Post by Brookster » 27 Apr 2015 14:49

Approx 10 years ago, our Lawyer for some reason removed our Contract of sale from land registry & didn't return it back into Land registry.
Would this be classed as negligent?

Could the lawyer be sued?

Any advice welcome

Brookster



Nigel Howarth
Site Admin
Posts: 2326
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: Is lawyer negligent?

Post by Nigel Howarth » 27 Apr 2015 16:09

Hi Brookster,

You need to establish why your lawyer removed your contract of sale and why he/she didn't return it. He/she may be guilty of unprofessional conduct, but until you identify why he/she acted n this way I can't say.

Have you spoke with another lawyer about the situation?

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news

Brookster
Posts: 32
Joined: 22 Mar 2014 13:04

Re: Is lawyer negligent?

Post by Brookster » 04 Jun 2015 14:28

Hi Nigel
Thanks for your reply

We have questioned our Lawyer about why he removed contract of sale - he says 'He cant remember'.

The problem we are having is that without the contract of sale being re-deposited back into Land registry Alpha Bank will not proceed with the new housing loan.

To make matters worse - the land owner where our Villa is - will not play ball at all - all we require is the landowner to sign a few papers etc in order to get the Contract of sale safely deposited in LR.
Currently the land owner claims we owe taxes etc I have asked for proof of what we owe - nothing forthcoming yet.
Apparently title deeds are on the way - been waiting 10 yrs.

My main concern is - if contract of sale isn't deposited soon we may miss out on the Alpha Banks offer.
Nigel - what are your comments here?


You just couldn't make this up could you!



Nigel Howarth wrote:Hi Brookster,

You need to establish why your lawyer removed your contract of sale and why he/she didn't return it. He/she may be guilty of unprofessional conduct, but until you identify why he/she acted n this way I can't say.

Have you spoke with another lawyer about the situation?

Regards,



Pantheman
Posts: 522
Joined: 26 Jan 2008 14:44
Location: Famagusta District
Contact:

Re: Is lawyer negligent?

Post by Pantheman » 05 Jun 2015 09:11

I would visit the Police and claim that the lawyer is trying to steal your house. Thus, the reason for removal.

Let the police pay her a visit and see if it jogs the memory. Disgraceful, this is criminal not negligent. Unless there was a breach of contract on your part, the lawyer has no right to do this.

Just another route you could consider.

Sorry to hear about your case, I would even go as far as reporting her to the Cyprus bar.

Good luck


For all your property needs, we offer Trust, Integrity, Honesty.
FSB Properties Ltd
Registered and Licensed Real Estate Company Co. Reg. No. 795, Lic. No. 250/E
http://www.fsbproperties.com

Brookster
Posts: 32
Joined: 22 Mar 2014 13:04

Re: Is lawyer negligent?

Post by Brookster » 09 Jun 2015 14:32

We have since removed our business from this Lawyer & are now using the services of new Lawyer.

Previously we had threatened previous Lawyer with taking our case to the Cyprus bar Assn - Lawyer just said ' Told us to go down that route - as He or She has nothing to hide'
Can anyone say whether the Cyprus Bar Assn are any good - or are they a total waste of space?

I would love to see this this Lawyer nailed big time! & so would a few others!

Brookster

Pantheman wrote:I would visit the Police and claim that the lawyer is trying to steal your house. Thus, the reason for removal.

Let the police pay her a visit and see if it jogs the memory. Disgraceful, this is criminal not negligent. Unless there was a breach of contract on your part, the lawyer has no right to do this.

Just another route you could consider.

Sorry to hear about your case, I would even go as far as reporting her to the Cyprus bar.

Good luck



Nigel Howarth
Site Admin
Posts: 2326
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: Is lawyer negligent?

Post by Nigel Howarth » 12 Jun 2015 12:40

Hi Brookster

You have nothing to lose by taking your complaint to the Cyprus Bar Association's Disciplinary Committee, but I hear they have quite a backlog of cases to deal with.

If the Disciplinary Committee upholds your complaint, this will be useful to you if you suffer any financial loss and you sue the lawyer concerned.

It will also damage the reputation of the lawyer (see http://www.news.cyprus-property-buyers. ... id=0010930 ) and result in loss of business.

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news

andyp
Posts: 76
Joined: 04 Feb 2011 23:22

Re: Is lawyer negligent?

Post by andyp » 14 Jun 2015 13:54

Brookster.

I would not expect too much from CBA but if no one pursues these crooks they just keep going. If you get a win verdict from CBA that is enough to publish the name of the crook and hit them where it hurts- their pockets. That is why I pursued mine with the hope of getting her barred but with no expectation of that actually happening. You only have to google her name now and horror stories appear.

One thing the newspaper article does not mention and this may affect you is that by delaying(in your case removing) our contract our developer was able to register a mortgage on our land which was not there when we completed the contract. I do not mean to be alarmist but you should check this out asap.

Best of luck.

Andrew McClay.



Post Reply