Court order to stop sale

Legal questions answered by Cyprus property lawyer Louise Zambartas

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cleopetra
Posts: 5
Joined: 15 Nov 2009 11:28

Court order to stop sale

Post by cleopetra »

In the horrific mess that my apartment purchase has turned into, the real estate agent that introduced me to the property I'm buying (sales contract is signed) has placed a court order against the seller, who has been trying to get out of paying the agent their commission. The agent has been very manipulative and unethical, but there is a contract between them and the seller nonetheless that he must honor. At one point, the agent had me sign a paper that I foolishly didn't read carefully (he acted like it was a standard document that anyone visiting an apartment had to sign), and it turns out this paper makes me a guarantor of the commission owned by the seller!

Long story short, I agreed to pay the commission to the agent myself when completing the sale and transferring the title deed, and to deduct it from the overall price of the apartment, which the seller has accepted since he essentially has no choice. If he had simply honored his agreement with the agent, none of this would have happened and I wouldn't be caught in the middle of their conflict.

My problem now is what do I do about the court order? How can I hand a check to the agent for their commission while there is an order that will prevent the sale from going through? Should I have the agent come to the Land Registry on the day that the sale is supposed to go through and have them remove the court order before I hand them the check? Can the court order be removed at the Land Registry to begin with?

Help!!! This situation has turned into such a nightmare that I wish I never set foot in Cyprus and never proceeded to buy anything here.
louisez
Posts: 5
Joined: 07 Mar 2008 15:04
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Re: Court order to stop sale

Post by louisez »

I am sorry to hear about the problem you have encountered with your property purchase.
You have correctly identified the problem which you now face, i.e. the memo which has been filed against the property must be removed simultaneously with payment of the agent’s commission. This can be done at the Land Registry on the day of the transfer and we would be very happy to handle this procedure for you if you require our assistance. In this way we will ensure that the property is “clean” before the title deeds are transferred into your name.
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