North Cyprus Law | Law Society Property Purchase Guidelines

Three wise monkeysWITHOUT PREJUDICE

 North Cyprus Law – Law Society Property Purchase Guidelines

“Purchase Procedure Guidelines – supplied by Baro 2006

Baro (The Law Society of Northern Cyprus) suggest you do the following:

  • 1. Find a property you wish to buy.
  • 2. Find a Lawyer. It is most important that you ask the Lawyer if he represents any of the other parties involved in the sale. If he does, it is advisable to find another. We understand that a number of Estate Agents receive a referral fee from the Lawyers.
  • 3. Baro have advised that you should firstly give the Lawyer details of the property and ask them to undertake preliminary investigations, including land search and the financial stability of the developer. This service will cost from nothing to a maximum of £50.
  • 4. With this done, relax and wait for your Lawyer’s written report on the results of his search. This may take 3-4 months. If the Sales Agent advises you that the property will either be sold to someone else or will increase in price during that time, please remember that it is better not to buy a property with potential future problems than buy it now and regret it later when all your money is gone.
  • 5. If the search is satisfactory (make sure you obtain a certified copy) and you still wish to purchase the property you should return to the TRNC to sign the contracts in person. Never give Power of Attorney to a stranger, even if he is a lawyer.
  • 6. Baro advises that, at this stage, you should enter into a formal Agreement with the Lawyer, setting out precisely what he will do on your behalf, together with details of his fees and payment schedule.
  • 7. When the terms of engagement with the Lawyer are agreed he should then prepare the Sales Contract, ensuring that all your requirements are fully documented and protected. It is important that all aspects of the build specification, together with the provision and connection of services, are tightly covered. If necessary, you should engage the services of an English/Turkish translator so that there is no misunderstanding of promised undertakings at a later stage.
  • 8. Make sure you get a copy of the Koçan (title deeds), the Certified Tapu Site Plan and the Build Permit. Again, use a translator to establish the authenticity of these documents.
  • 9. It is important to remember that the Sales Agent is acting for the developer and is being paid a fee, by the developer, in the region of 5% of the Sale Price. Also, the Sales Agent receives this fee when you sign the Sales Contract.

When all the above are in place and you are 100% satisfied that your investment is secure you should then apply to the Interior Ministry for your Permission to Purchase.

Some Agents will pressurize you into buying immediately but, it is vital for your future security, that you follow these guidelines.

 Remember the Government do not charge a fee for application or issuing of Permissions to Purchase/Build and all government departments and employees are very willing to help and advise whenever possible.”

How very strange that if this is the guideline set out by Baro the governing body for Adovcates in north Cyprus, so few actually complied with this guideline. What is even more reprehensible is the fact that there is no comeback, no real disciplinary procedure to censure/punish those Advocates who have deliberately and sometimes criminally abused their clients. Still after a decade plus of questionable ethics, there is still no compulsory professional indemnity insurance.

We were all asked to believe that Advocates have no duty of care. Of course that was always a nonsense since you are able, even in north Cyprus, to sue an Advocate for negligence, so clearly there is a duty of care. The fact is a lot of them just do not care because they make it too expensive for those abused by them to seek justice and retribution for their negligence.

It may seem harsh to the good Advocates, but I have to ask, why are you not jumping up and down and demanding your regulatory body do something about these rogue Advocates who are bringing the whole profession into disrepute?

Mehmet Kaptan Bensen is a prime example. He allegedly recently entered into a contract with many clients, took their fees up front then disappeared with their money and all their legal documents. It seems Baro feel there is nothing they can do. Why, what point is your ‘being’ if you cannot act?

Never give in never give up

Pauline Read

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