YOU may have read my interview with Kate in the Cyprus property protesters take to the streets article. Kate and her husband were visiting Cyprus to see what progress was being made on their holiday apartment in Peyia and I met them both at the protest meeting.
During the interview, Kate told me that “MRI introduced us to a lawyer in Paphos who they said was very good. But the latest plans we have seen for our apartment are completely different to what we agreed to buy and it’s much smaller. I spoke with her (the lawyer) and said that we wanted our money back. She just shrugged her shoulders and said ‘this is Cyprus and that is not possible’. I’ve now been told by someone here this morning that she’s the developer’s girlfriend. How can she be acting on our behalf?”
Since publishing that article, many people in a similar situation have contacted me seeking information and advice on what to do.
Changing lawyers
If you are faced with a similar situation, my first piece of advice is to change your lawyer.
It goes without saying that a lawyer who is the girlfriend of the developer has a conflict of interest! This appears to be in breach of section 21 of the Cyprus Bar Association’s ‘Code of Conduct Regulations‘ and section 3.2 of the ‘Code of Conduct for European lawyers‘. So in addition to changing your lawyer I recommend that you write a letter of complaint to the Cyprus Bar Association; contact details and the procedure for submitting a complaint may be found on their website.
If you wish to change your lawyer you must first settle your account and conclude all business with your existing lawyer before approaching another. According to the regulations, a lawyer must not advise the client of another lawyer without that lawyer having given their written consent. Clearly, if you have concluded your business with one lawyer they cannot complain to the Bar Association if you seek advice from another.
Lawyers do not like losing their clients and I believe that some of them have been known to make verbal promises to their clients to discourage them from leaving; it seems that such promises are often conveniently ‘forgotten’ at a later date. I advise you to ensure that any ‘promises’ made to you by any lawyer are confirmed in writing and signed by the lawyer concerned.
Another problem you may face when changing your lawyer is that your present lawyer may try and charge you to release your file. In this situation you should write a letter of complaint to the Cyprus Bar Association.
Finding independent lawyers
The British High Commission in Nicosia has published a list of English speaking lawyers who may be able to offer advice. You can view and download that list of lawyers by clicking here.
Property sizes
The second piece of advice is to check the size of the property.
Approved plans for all developments and properties being built in your area should be available at local Municipal offices for your inspection. (In a recent report the ombudswoman, Iliana Nicolaou, said that Municipalities that refuse to disclose information about planned development projects to interested citizens are breaking the law).
As we know, some developers start construction work before their plans have been approved and the required building permits have been issued. Faced with this situation, you’ll need to visit the construction site and take measurements of the property.
Kate’s apartment was much smaller than her and her husband had been lead to believe. Small variations of 1% or 2% in the quoted sizes of properties are inevitable. However, differences of 24% or 30% can hardly be considered ‘small variations’.
According to the Cyprus Law CAP 224, section 38H
The area of a unit consists of the covered area surrounded by the outer walls of the unit and the covered and uncovered verandas and the covered and uncovered balconies of the unit are included therein. Where common walls exist between units or between a unit and a jointly owned property, the area of the walls must be distributed equally among the units.
If you consider that a property you have bought has been misrepresented regarding its size, I recommend that you seek independent legal advice on how to proceed.
If you wish further information or advice on this matter may contact me by clicking on the blue and white envelope button below this article.
Finally, I urge anyone who is thinking of buying property to read and take heed of the British Foreign & Commonwealth Office advice on purchasing property in Cyprus.
