More emails relating to Incesu Villas in North Cyprus

From: Marian HBPG [mailto:[email protected]]
Sent: 05 October 2009 9:12 PM
To: xxxx
Subject: Re: Sener’s Meeting with Cafer

Hi xxxx

I have been working all day on e-mails and it’s now very late. As I would like to give you a comprehensive answer and I will be out all day tomorrow can you please wait until Wednesday.  Quickly, in response to 2 in red below – if only 3 of them contribute to this scheme they will probably not get the roads and communal area completed around their houses.  This work has to be done according to the entire project so they should ask for a copy of the Chamber of Architects approved plans.  Also, VAT is only payable when buyer takes possession of the property and is payable by the vendor to the tax office 30 days from date of Fatura (receipt). They would have to get a separate receipt for VAT.

Will give you more on Wednesday.

Regards

Marian
00 90 533 876 3780
www.hbpg-trnc.net
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—– Original Message —–


From: xxxx

To: ‘Marian HBPG’

Sent: Monday, October 05, 2009 1:05 PM

Subject: Sener’s Meeting with Cafer

Hi Marian

Since my visit and my change over to Soker, I am not being copied in on the Sener emails from the group.  However, one group member has asked for my opinion on this email below, so I have told him what I think.  Could you have a look at what Sener’s have suggested and give me your opinion please.  It strikes me that this is all in Cafer’s favour and there are too many loopholes for him to slide through.  What do you think? (Sener’s responses to Julie’s questions are in red)

Many thanks

xxxx


From:
Sent: 29 September 2009 21:46
To:
Subject: FW: Meeting with Cafer

Hi you two.

We think  you might find this interesting.

Speak soon,

xxxx


From: Alessina Critchlow [mailto:[email protected]]
Sent: 23 September 2009 14:17
To: Les
Subject: Re: Meeting with Cafer

Dear Mr and Mrs XXXXXXXXXX

Apologies for the delayed response we have had Bayram here for a few days and thus the office was closed.

Please see answers to your questions below.

Kind regards

Alessina Critchlow LLB (Hons)
Conveyancing Executive

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

Sent: Tuesday, September 22, 2009 9:09 AM

To: ‘Alessina Critchlow’

Subject: RE: Meeting with Cafer

Hi Allesina

Thanks again for this update.  It’s good to know that there may at last be some potential for progress.

As we’ve said previously, our preferred option would be to have the villa completed, at the contracted price. We therefore would not dismiss this option out of hand but, as usual when it comes to dealing with Cafer, we find ourselves with far more questions than answers and we would really need a lot more information and explanation before we could consider properly the proposal put to us.

We would therefore be grateful if you could answer/tend to the following which are numbered for ease of reference:

1        Has this offer been made to all purchasers or only to the ones represented by yourselves?  As we understand it, there are now only three purchasers still with your firm.  30% of what we owe, compared to 30% of the amount owed by all the purchasers is a significant difference. By our calculation, the three purchasers currently with you owe around £36,000 plus VAT – this would not go very far towards completing the three villas in question and certainly wouldn’t provide much of a contribution towards completing the site as well?

2        This offer is only to the clients that we are representing. We have told and spoken to Cafer in regards to this and we also will ensure that your properties will be completed plus communal areas around your villas and the roads around your area.

3        If the offer is to all purchasers then, given that there are currently four legal firms involved, and may well be more, how do you intend to deal with the requirements of those purchasers not represented by you? Are the purchaser’s represented by the respective firms likely to receive separate and differing offers? How do you propose to get consensus in relation to agreed work schedules and timetables?  What would happen if not everyone wanted to participate?

4        If Cafer goes with this offer to the other lawyers then we dont have a problem with working with them to oversee the site.

5        Does the quoted fee of £1500 include the cost of the architect/project manager and is it calculated on the basis of only three purchasers contributing? Would it reduce incrementally if more than three purchasers were to join the scheme?

6     The £1500 is inclusive of the architect and sener law firm monitoring the build and payment process. Also this includes the legal process to re-draft, sign and register the new contract of sale on the condition that Hasan Sungur will sign the new contract, which we should establish by the beginning of next week.

7        Has Cafer stated that he will be able to complete the site with the monies contractually owed to him? If so, what safeguards will be in place to ensure he does so? We appreciate that you are advocating a staged-payment process but, as we understand it, the first 30% (potentially as much as £45,000 if everyone agree to this) is to be paid up-front.  How do we ensure that this is all spent on our villas and site?

8        We appreciate the risk element of setting out 30% of what you currently owe but Cafer will not be able to start the build process until he receives this amount.  We offered for you to take the necessary legal route in which to ensure your safe guard and that is to place an injunction on to the property, however you did not look upon this option favorably and the longer it stays at a standstill the higher risk you have of loosing everything all together.

9        Why does he need as much as 30% in the first instance and why is it necessary for purchasers to pay the full amount owed, plus VAT, at the very beginning? Can this not be paid over to the holding account in staged payments?

10    Cafer has calculated that he needs 30% to start the construction and pay the workers.  Cafer needs piece of mind that all money has been transferred to our client bank account as currently his psychology is such that he feels that the money he will be entitled to once the build is completed in the stages will be held back and therefore he will be further in debt than he already is on this site as he is not making a profit. 

11    Are monies paid into a client account afforded the same or similar protection to those held in the client accounts of UK solicitors? Does the equivalent of SCDAR apply?  If so, what piece of TRNC legislation covers this?

12    SCDAR does not apply here. However if we misuse a clients money within our client bank account or do not protect the money it is a criminal office for a Lawyer here within the TRNC.

13    How will the priority and scheduling of work, including the first tranche, be determined?  Do you envisage that each stage will be set by the architect/project manager after consultation with the purchasers?

14    We need to arrange for the architect to attend a meeting with Cafer and ourselves to discuss the build stage and then we will consult with yourselves.

15    Why is it necessary to draw up new contracts.  Surely if ours have already been registered it would make more sense to make the new payment schedule an addendum to the current contracts. Further, if there is difficulty getting Hasan SUNGUR to sign new contracts wouldn’t it make sense to keep the existing ones into which, you advise us, he is already tied? If new contracts were to be drawn up, would these need to be registered and the necessary stamp duty and registration fee paid again?

16    We wouldnt be able to protect your interests in the same way if we did an addendum, as this cannot be registered. If we did a new contract of sale, tried to get hasan sungur to sign and register this contract we would have a much better case if you should be in the same position that you are now rather than doing an addendum. Hasan Sungur did not sign the original contract himself, we tied him in with a separate agreement which he signed with Cafer.

17    We registered your contract of sale with the land registry office on the 18.3.08 however because hasan sungur didnt sign himself the land registry office informed us that these contracts would not protect the client in the event that the land could be re-sold, however due to the agreement which hasan had with cafer which we presented to the land registry office at the time they agreed  to take note of the signed contract and to inform us in the event that hasan sungur changed ownership of the land. we have also been monitoring the status of the land at the same time. Hence this is the reason we are looking to get Hasan to sign the new contract. Hasan is now more conscious of the fact the he needs to sign the contract as well.

18    The stamp duty and the registration will need to be paid again, however we are going to try and negotiate with cafer for him to pay for the stamp duty and the registration fee is included in the £1500.

19    If all parties agreed to this solution, and the full amount were to be paid over to Cafer, what recourse would be left to us if he a) didn’t start the first phase of the work, b) didn’t complete the work as agreed or c) did not sign over the land to us at the completion? Is it the case that we would still be looking at having to sue Cafer, only this time for a much larger amount?

20  If he did not complete A or B you would need to sue him. C is to be completed by Hasan Sungur as he is the land owner, and we are not concerned with the transfer of the land. We do not envisage a problem with the transfeR.

21     Can Cafer actually sign the land over to us or would it have to be Hasan SUNGUR, given that it is in his name?

22    It would have to be Hasan Sungur as he is the landowner.

23    Please supply us with a copy of the breakdown of costs to date and estimated costs to complete as recently supplied by Cafer (we already have a copy of the one that he provided in June).  Has he also provided you with a projected date for completion? Do you anticipate the inclusion of penalties for late completion and, if so, would they this time be written into the contract in a way that was meaningful AND enforceable?

24    Cafer has suggested the costs below:

25    Swimming pool: £6.000

26    Wall: £6.000

27    Road: £2000

28    You still owe £22,144 according to the receipts we have (this does not include the payments for the extras, which are charged additionally) plus the VAT. However as I explained in my pervious email we have negotiated with cafer so all you have to pay is the remaining amount under your contract of sale and the VAT to our client bank account.

29    There is no projected date yet, this will need to be discussed with him. There is currently a clause in your contract in which you would be able to obtain compensation for the late delivery of the property, however in order to obtain this money would you need to sue Cafer, which we have offered to do but you decided not to go down this route for us to enforce it.

30    Your e-mail states without any of you having to spend any further monies towards the completion of your properties, apart from what you have contractually agreed to pay”. Does this include the completion of the infrastructure and the provision of the transformer we have already paid for, or is he talking about the villas alone?

31    this does include the infrastructure and provision of the transformer you will not have to pay for this again.

32    Has there been any response yet from Hasan SUNGUR?

33    We have just had four days of Bayram in which the office was closed but we will speak with him this week.

We apologise for all the questions but to go forward with this would be a massive financial commitment for us and, as we’re sure you understand, we need to make sure that safeguards are in place.

We look forward to hearing from you in due course.

Kind regards

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