Incesu: HBPG – Sener Law Firm [Hildygate]

From: xxxx

Sent: 20 June 2009 8:35 PM

To: ‘[email protected]’; ‘Ayhan Sener’

Subject: Incesu Plot 10

Hi Mustafa & Ayhan

I had a conversation with Alessina on Friday which has left me stunned and I feel that I am unable to comprehend the circumstances in which I find myself.

Alessina stated

1. Cafer has gone bankrupt. When I asked for clarification on this she stated the he has no money.

2. We need to build a pot of money in order to complete the Incesu houses and wants more money off us over and above what we are contracted to pay.

3. Cafer can bulldoze/knock down the property and we would not be able to do anything or claim anything – is this correct?

4. He can also refuse to hand over the keys even if title deeds are complete – Is this correct?

5. She stated the land owner H Sungar may have put a mortgage of the property

a. We specifically asked about this when we purchased the property and were assured that there were no mortgages on the property – Also you sent us an email regarding the new law which came into force on 1.1.2008, which required us to come over the Cyrus and pay £250 and produce out passport to the Notary to record and support our purchase and legal requirements. Which, as you stated in the email, provides safeguards to purchasers between contraction and Title deeds. You stated:

This new law is aimed at safeguarding and securing your interests in the property which you have purchased until the time that you are able to register the title deeds of the property into your name. It will further ensure that no bank charges, or mortgages can be placed on the land without your written consent as the purchaser. As a law firm we are confident that It will prove to be a very important and beneficial law to all purchasers.

6. I specifically asked Ayhan (in Cafer’s presence) what would happen if Cafer went Broke or died. Ayhan replied that we would own whatever was on the site at that time

a. Alessina stated that we would not be able to do that as Cafer will not hand over the keys nor finalise title deeds for the property – Which is correct?

7. Alessina mentioned a pot of money which we have to contribute to in order for Cafer to complete the work on the land and install the road, water and Electricity.

8. In relation to the Electricity. We paid the money to you after discussions with Ayhan during which she stated that she would:

a. Have the Turkish documents translated into English – This did not happen

b. Check out the authenticity of the claims of £4500 per villa for the electricity transformer and supply

c. Ensure that the monies were going to the Electricity company for the purpose stated in the documents we received

d. I then received correspondence from Alessina stating that we were required to pay this and if we did not we were in breach on Contract.

9. Could you please clarify the situation and let me know exactly what is happening and what we are expected to do. Are the above statements correct. How much money is required in the pot, Alessina mentioned a figure of £195,000.00 across all properties. Does this also include the properties on the front row which I understand are owned by the Landowner H Sungar. They are much further behind that the ones on the back row. Are these properties included in the ‘pot’ arrangements being made.

An early reply would be appreciated as I need to explain a lot of these facts which Alessina gave over the phone to Samantha and Barry, but I cannot remember all of the information as I was so shocked about the situation.


From: Alessina Critchlow [mailto:[email protected]]
Sent: 22 June 2009 9:24 AM

Dear xxxx

In regards to the below, you have your contract of sale which has many of the below attachments, in regards to the others you will need to contact the builder directly.

In relation to your previous email that you  sent through, I will be replying to this shortly.

Kind regards

Alessina Critchlow LLB (Hons)
Conveyancing Executive

Sener Law Firm In Association with Hugh-Jones & Co Solicitors, London
Tel: +90 392 816 0323 /24
Fax: +90 392 816 0322

From: xxxx

Sent: Saturday, June 20, 2009 8:43 PM

To: [email protected] ; ‘Ayhan Sener’ ; ‘Alessina Critchlow’



I requested these documents from Alesina last week.

Could you please send me these documents in relation to our property: Plot 10, Incesu, Alsancak at your earliest convenience.

Many thanks


HomeBuyers’ Pressure Group

Documents you should have geen given

If you are considering purchasing a property in the TRNC ensure that you receive a copy of all the documents listed below for every property you view.  If the person you are buying from (estate agent, builder) does not give you every document then it is advisable not to purchase that property.  According to the TRNC laws, no building can commence until the VIZE and Building Licence/Permit have been issued.

If you have already purchased a property and do have all these documents please contact either your lawyer, builder or estate agent and insist on receiving them immediately.

  • Copy of the Land Koçan (Title Deed)
    • Breakdown of Koçan sections
  • Copy of the Land Registry certified site plan
  • Copy of the Building Licence/Permit
  • Full set of building plans stamped with the Chamber of Architects & Engineers VIZE
  • For a development, site plan stamped with the Chamber of Architects & Engineers Approval

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