Hasan Sungur, Head of the Estate Agents’ Union, answers his critics

During the course of the previous week there has been much interest, and a great deal of speculation on Cyprus 44, regarding the site known as Incesu and the landowner Mr Hasan Sungur. In an attempt to get the ‘other’ side of the story, Stop the Blackmail committee visited Mr Sungur on Saturday 22nd October 2011 and again on the evening of Monday 24th October 2011.

Ever the eager beaver, I asked him if he would grant me an interview and, to my surprise, he readily agreed, stating he had nothing to hide.

I have never pretended to be a professional journalist and my membership of the CIOJ is a protective measure to try to ensure I am not so frequently arrested. I do however strive to be candid and truthful in all I write; this is the result of my interview with Hasan Sungur.

I asked Mr Sungur to show me his Contract with Cafer Yucelgazi and explain to me just what his obligations under the Contract were. The Contract was signed on the 18th July 2006 and had a time span of just 30 months. The build, including Mr Sungur’s villas, were to be completed within the 30 months. Mr Sungur informed me that at the time he entered into the Contract, Mr. Yuzelgazi was an experienced builder contrary to allegations that he was not. Mr Sungur claims that at the time he entered into the Contract with Yucelgazi he was Senior President of the Kyrenia Builders’ Association. Mr Sungur produced a certificate from the Government confirming that Aspire Trading Ltd, Cafer Yucelgazi’s company, had the necessary qualifications to be building ref: Belge No:0354 dated 30/11/2007. Aspire Trading Limited had tendered for and won a Contract to build for Tatlisu Belediyesi and this work had been completed on time and at cost. K.T. Insaat Muteahhitleri Birligi confirmed him as a member in August 2007.

I did ask Mr Sungur what his position within the Estate Agency industry had been at that time and he said he was Spokesman for the Estate Agents. The Estate Agents Association did not then exist. I took this opportunity to ask about the Estate Agents Association, Mr Sungur explained that it was in the formation stage in 2007 and came into being on the 21/01/08, at which time he was voted in as the Head of the Association.

With regard to his obligation under the Contract, Mr Sungur explained that he was responsible for overseeing all that goes into supplying the necessary drawings and plans and submitting them to the relevant authorities for approval which he did. The building permit from the Belediyesi, was the responsibility of Cafer Yucegazi as the builder ; the builder also being responsible for the infrastructure water and electricity applications and the costs. Mr Sungur also had to undertake to transfer title to future buyers at the appropriate time. I did ask to see the relevant technical drawings and approval and these were readily shown to me with all the dates and stamps from the appropriate authorities being pointed out to me. I did noted that one Vize was dated 08.02.05 number 05/329 and asked why it pre dated the Contract with the builder, Mr Sungur explained that he had started the plans prior to entering into a Contract with any builder

I did ask Mr Sungur, how he could justify saying these were not ‘pirate’ houses if the Building Permit was not issued. He explained that although Yuzelgazi had not obtained the Build Permit, something he was not personally aware of until after the building had commenced, he had fully expected Yucelgazi to obtain it. I asked Mr Sungur whether under the circumstances he would obtain the Build Permit. His answer was, “yes I will”. Mr Sungur went on to explain that not only will he obtain the Build Permit but he will ensure that the owners will each have their own individual Kocans when title is transferred under the new law of 2010, this apparently is called an ‘irtifa kocan’. He went on to explain that such a kocan can even be issued on an unfinished property. Mr Sungur did stipulate that this of course can only happen when the purchasers agree a solution with him.

I did ask Mr Sungur about the allegation that he was responsible for overseeing the build on the site. He said this was incorrect and showed me his Contract, directing me to paragraph 4 which, although this was in Turkish, he assured me that is said an Independent Company would be available to give help and advice to the Builder if the Builder deemed it necessary to request this help. That in the event of this being necessary, the landowner would pay the cost. The Builder never made any request for help or advice.

I then asked Mr Sungur who was responsible for supervising/inspecting the build and my attention was drawn to an Addendum to Hildy’s Contract which clearly indicated that she had nominated her Estate Agent to carry out the inspection, and to ensure the work had been done adequately before stage payments were made to the builder. I asked Mr Sungur if he was party to this Addendum, he said no and directed my attention to the signatories , his name and signature were not there. I asked also if Mr Sungur had ever had a Contract with any of the purchasers. He assured me he had not. Clearly Hildy thinks someone has not done their job properly, but I have to ask, in this, is she looking in the right direction?

Mr Sungur assured me that as well as having no responsibility for carrying out inspections on any of the purchaser’s properties, he had not visited the site for a long while because he did not want to compromise anyone’s position or be accused of sabotage. He also states firmly that he has no keys to any of the properties.

It was obvious that the builder had not met the 30 month deadline on his Contract with Mr Sungur, so I asked what action was taken . Mr Sungur informed me that he gave the builder a one year extension, and then another one year extension. At that point it became obvious that the builder was not going to meet his Contractual obligation to the landowner and so, in line with the terms of the Contract between the builder and Mr Sungur, the Contract was null and void and there now is no Contract.

During my interview with him on Monday evening, Mr Sungur showed me details of an offer he had received, on the 3rd February 2011, to sell the Incesu site for £550,000. I asked why he had not sold. He was surprised by the question and explained to me that he had told the people making the offer that although he no longer had a Contract with Yucelgazi he felt that the purchasers of Incesu had been deeply wronged, that they had done nothing wrong and he was not prepared to profit from their misfortune. He went on to explain that he totally understands their anger and aguish.

I asked Mr Sungur how he first became involved with trying to help Hildy and he produced this email dated 31/03/2010 04.41 AM

“Dear Sirs,

Please please help us. We are pensioners who have bought a property on your land and Cafer Yucelgazi will not finish building it.

We have tried to speak to Cafer but he will not talk to us. We have paid him £90.000 for the house and sold our house in England to pay for it. The BBC are doing a documentary with me now. Can you help us.

xxxxxxxxx xxxxxx

Plot 10

Icensu”

The makers of the ITV programme ‘Homes from Hell’ did contact him and although he did help them with information, Mr Sungur claims he declined their offer to appear in the programme. Mr Sungur claims he has no knowledge of a BBC documentary.

Hildy is concerned that Mr Sungur’s property had been put in front of her property and abutted her garden, it was pointed out to me that the a pool on Hildy’s plot had been partially built into the road. Mr Sungur says that it was not in Hildy’s original Contract and although it was in the Addendum to the Conract no provision had initially been made for a pool. When asked, Yucelgazi put the pool in front of Hildy’s villa not taking into account that in doing so the pool is now partly on the road, so although it may appear Mr Sungur’s property is closer than she expected, this has been caused by the road being narrowed by the overlap of the pool into the road. This of course could cause problems but not insurmountable ones according to Mr Sungur.

Mr Sungur claims that he has never met with Mr Mustafa Sener, Hildy’s previous Advocate.

Amongst the posts on Hildy’s thread, although not by Hildy, the question was asked, had Mr Sungur ever transferred title to a new owner? I put this to Mr Sungur and his reply was “many, many times.” Mr Sungur then took me to his room where he stored all his older files, a sort of cellar, but not so deep. There, far more neatly than I could ever claim to file anything, were rows of files. Mr Sungur explained that these went back to the early 80’s, although at that time he dealt mainly with Turkish Cypriots. He pulled the first one out at random and quite by chance it referred to someone with a very British name, Carstairs, a property whose title had been transferred in the mid 80’s. Mr Sungur showed me many more examples where title had been transferred. He even reminisced about a time when Permission to Purchase took only 15 days

Before leaving his office on Saturday, I asked Mr Sungur if he was still prepared to help the purchasers at Incesu find a solution, his answer ‘of course’. I then asked the important question “is there a solution?”, his answer “there are many solutions”.

I discovered on Cyprus44 that Hildy has gone off onto another tack. This time the subject is exchange land. I dutifully phoned Mr Sungur Sunday morning to confirm that Incesu is indeed built on exchange land. Yes it is. Mr Sungur confirmed that the land had been awarded to his family on the points system to compensate them for the land they were forced to leave behind in Larnaca when they came to the North as refugees. So no, it wasn’t a gift, it was to compensate them for the land they were forced to leave behind, land they once called home. During my second visit Mr Sungur showed me details of the land his family had owned in Larnaca, paperwork of his dealings with the Government under the points system and also showed me the Original Kocans for the land at Icensu which are totally free of any mortgages or encumbrances

Hildy has an ongoing court case against Mr Yucelgazi and Mr Sungur jointly, so any solution could not be undertaken until this case is finished.

I have reported as accurately as is possible, the facts being supplied to me by Mr Sungur, permission to publish this being given by Mr Sungur.

I make only one more personal observation, wouldn’t time be better spent seeking a solution than apportioning blame?

 

 

 

 

 

 

 

 

 

 

 

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