Building and developer problem

[Kate]

We took delivery of our house from Hadjivasili Bros in Oct 2006 and, in line with our contract, submitted a list of problems the following May. The main problems were damp and flaking ceilings under a flat roof and a large wet patch on the staircase wall, again a flat roof.

The developer attempted repairs for 3 consecutive years but the problems persist, in fact have got worse this year due to the heavy rains, and we now have water running down the staircase wall, inside and out, a wet bubbled patch 6ft square on the inside wall of the staircase, plus most of the plaster has fallen off the dining room ceiling. Ours is not the only house on our small development with these problems.

We have written to the developer several times, pointing out that these are the same problems that we wrote to him about within the first few months and holding him responsible, as per our contract.

His answer is that if we pay his request for a grossly inflated amount of IPT etc, drop our request for a proper invoice with receipts, not only will we be able to obtain our title deeds but he may consider making a contribution towards our house repair.

What do you advise?

many thanks
Kate

[Scots Lad]

Kate,

Sorry to here what you are going through. Did Hadjivasli Bros put there demands in writing ?

[Nigel Howarth]

Hi Kate

I'm sorry to hear of your problems - I think the only solution to your developer's intransigence and demands for money is to get a lawyer to act on behalf of all the buyers and share the costs between you.

The British High Commission publishes a list of lawyers who can help. You can find that on their website at http://ukincyprus.fco.gov.uk/en/help-fo ... ed-lawyer/

Regards,

[Kate]

Thank you Scots lad for your kind comment.

Yes, Hadjivasili Bros did put their request in writing. They sent an email request for c. 4,000 euros and details of the bank account that we should pay it into. This was last September and included 6 years IPT. At that time it had been 4 years and eleven months since we took delivery. Several communications later, we, along with one of neighbours were offered 400 euros discount for a prompt settlement, but 9% interest would be added if we 'dragged our feet'. How do you offer discount on a government tax???

Thank you Nigel, so far, between our neighbours, 5 lawyers have been involved, 2 have advised paying as the developer will not capitulate and 3 have not had reply to their queries on the amount being asked. Does no-one care that this ridiculous stalemate is depriving the government of much needed transfer tax? The collective amount for the 9 properties is around 160,000 euros and could have been paid last year if the developer had not acted as he has.

This situation begs the question, why, in all other EU member states is attempted extortion a police matter but in Cyprus you must hire a lawyer and go to court? At the end of the day, the net effect seems to be that YOU pay, either the amount being demanded or the cost of lawyer, isn't this - heads he wins, tails we lose?

Add to that, the state of our property, again the legal situation being that the developer is responsible for all faults reported in the first year and a lifetime guarantee on the integrity of the structure. Where is the consumer protection in Cyprus? Nowhere it seems.

Nigel, thank you for your time, We are all still deciding what should be the next move, and I will certainly let you know how this is eventually resolved.

best regards
Kate

[Nigel Howarth]

why, in all other EU member states is attempted extortion a police matter but in Cyprus you must hire a lawyer and go to court? At the end of the day, the net effect seems to be that YOU pay, either the amount being demanded or the cost of lawyer, isn't this - heads he wins, tails we lose?

Unfortunately Kate, the Police rarely get off their backsides and get involved - even though these may be criminal matters. So it is left to the individual to pursue justice.

There are many laws here, but no-one appears willing to make any effort to enforce them.

Please keep me posted on any progress you make.

Regards,

[Scots Lad]

Good luck Kate personally I would give copies of the letter, to the BHC + your MEP and the Attorney General.

As to the originator of the letter with his demands . a size Nine boot !!