North Cyprus Property | TRNC in Need of Arbitration Service


North Cyprus Property | TRNC in Need of Arbitration Service

I just hope that enough people get to know about the north Cyprus “pass the problem down the line” legal answer to some problems Why? So that they do not waste their time and money on pointless and fruitless legal exercises. If you are recommended by your legal representative to pursue a Breach of Contract remedy, be sure of the following:

1. That you are not chasing an empty pot, ie that the defendant does indeed have assets in his/her name and not already sold, but still in their name. Also that they have a value in excess of the amount you are claiming because inflation and the time and money you will have to spend to achieve your ‘remedy’ needs to be taken into account. So be sure your claim takes this into account because to add to your case will cost you. In other words, make sure your legal representative is on the ball and fully ‘court ready’ when s/he submits your case.

2. Be sure your legal representative explains everything in clear layman’s terms to you. Mine forgot to tell me all the pitfalls, including that the Contract becomes nul and void once I ‘won’.

3. Be sure it is the right remedy for you and ask if there are any alternatives. Ideally, ask your legal representative to put it in writing why s/he thinks this is the right route and also any alternatives in writing too, in English so that you can make an informed choice. Remember, he who pays the piper, calls the tune. Also remember, everything that takes place within the court is in Turkish up until the hearing, at which time if you are giving evidence you will have an interpreter.Hhowever, this is just for YOUR evidence and all others giving evidence, if they are Turkish speakers, will do so in their native language and you will have no idea of what they are saying unless you speak the language. An English person who does not speak or understand Turkish is at a disadvantage from day one. I, for instance, had no idea that my Advocate had dropped the case against one of the defendants in my Breach of Contract case until I read about it in Halkin Sesi newspaper, some time after the case had concluded.

4. Be sure you are given a time scale. It is not unreasonable to ask for a rough time scale and also to know what happens after the judgement is given. For instance, I was told the Tapu cannot be chased when the Sales Order is given. This was entirely untrue and it was discovered four years later that there is a rule requiring the Tapu to act within six months of receiving a Sales Order.

5. It is entirely unfair, but it would allegedly legal, for the Court to put a Memorandum on property already sold because of the system where the land is still in the seller’s name. Avoid allowing your legal representative doing this because it has the potential of you being sued by the real owner (just as I was) and getting involved in the “pass the problem down the line” situation. Had I not taken the high ground and decided I could not do to others what the bank had done to me, I could have tied the innocent folk on Kocan 3881 in legal battles for a long time. I was not prepared to do this, I might possibly have won, but at what cost to the people on Kocan 3881 and at to me. I could not live with such a scenario. I did the right thing, many will not.

6. Be sure your legal representative tells you of “security of costs” and explains the full implications of this, especially if you do not have your Kocan, rent here or live in the UK.

None of the above is legal advice, just plain speaking common sense; although common sense seems to be very uncommon.

Remember litigation should be your last resort. Negotiate, arbitrate and settle your problems that way if at all possible. I think a Government Sponsored Arbitration service should be formed with members of the legal profession and former members of the Judiciary and intelligent lay people forming the Arbitration Service. It would cost very little to fund and the good will it would engender would be reward enough for the Government brave enough to take the initiative.

I love north Cyprus. I want to see the property sector revived but in a healthy and honest way. All other business sectors would benefit, so would the honest hard working people of north Cyprus. A few greedy self serving people in high places have helped to bring this country to its knees, now is the time for all true patriots to shout “enough!”and to weed out the corrupt and to allow honesty and transparency to shine through.

Long live my beautiful north Cyprus.

Pauline Ann Read

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