slavomir

Member
help in Akkaya Garden
Hello Celtic,
We bought buy off plan apartment last September.The apartment cost 46200£ and we started with payments.We always paid in time(3times and together we paid about 35000£).The complex was supposed to be finished by the end of July this year.Nobody informed us about delay and corruption problems.We learned that from TLF and were really surprised.When we asked our agent about that(Jo) we were reassured that company will finish that complex in time.When we could see that the progress was very slow we asked few weeks again and they admitted delay for 2 months.We sent money inspite of that in time.We asked for new photos and we said if we see real progress we sent money according to original schedule which was on the 6 July.We got photos just exactly on that date(6July) and we were not happy about that progress.Yesterday,Curbanoglu started threatening us with penalty for late payment.There was no suggestion from their side just they want money and 2% Interest penalty.They broke our contract few times-no true info about problems,corruption,jail,delay,the same photos or with very small difference for 3 months....We accepted everything and we just suggested later payment according to their progress but they did not agree and asked for money and penalty.The site does not look that will be finished even by September so why should we pay 95% of all sum now and wait for how long? What do they pay if there will be delay again?
Thank you for advice
Slavo and Anna
 

celtic

Member
help in Akkaya Garden
Hi Slavomir,

First, you should know that you don't have to discharge your debts unless the return performance of the seller is fulfilled. You don't have to pay any penalties or compensations in this circumstance, either, unless the apartment is delivered as completed on the date determined in the contract. Besides, you can terminate the contract you signed and call the firm to defray the amount of money you've payed so far by filing a case in the courts.

These are the main legal ways you can follow but you first have to file a declaratory judgment case in the court for having a conclusive evidence that apartment which had been engaged to be finished in the end of July is still hasn't been completed. You can do this by sending the builder firm a notarized letter for notifying that you're not going to pay the rest costs unless the apartment is delivered on the engaged date.

It's strongly recommended to take a professional legal support from a lawyer in order not to be prejudicial.

Regards.
 
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slavomir

Member
help in Akkaya Garden
Hello Celtic,

Thank you very much for your precious advice.We are going to contact Curbanoglu and send them their pictures with short remarks.They should realize they cannot ask for more money when the project is far from completion.
Again,thank`s a lot
Slavo and Anna
 

celtic

Member
help in Akkaya Garden
Hello Celtic,

Thank you very much for your precious advice.We are going to contact Curbanoglu and send them their pictures with short remarks.They should realize they cannot ask for more money when the project is far from completion.
Again,thank`s a lot
Slavo and Anna

Hi again Slavomir,

It'd definitely be in your favour to contact with the builder firm but I recommend you to do it with a notification stamped by notary. As I said in my previous message, you can not be compelled to pay the costs unless you are delivered the apartment. However, you have to prove that you notified the builder that the construction hasn't been completed on the engaged date, hence you directed the non-payment plea(a legal instrument) towards the firm and this can merely be done via notary. All your actions that can't be proved afterwards are ineffectual and you can be asked to pay the relevant penalty agreed in the contract in this circumstance.

Hope to have been clear enough,

Regards.
 
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slavomir

Member
help in Akkaya Garden
Hello Celtic,

I hope that post between Curbanoglu and us is a proof.We told them a few weeks in advance that we will not send money because the progress was very slow and after that they admitted that the complex would be finished 2 months later.We have also all pictures via construction.Would that be enough at the court,please? We do not want to take that to the court.It would be just enough if they left us alone and stopped threatening.
Thank you
Slavo and Anna
 

GnD

Member
help in Akkaya Garden
Hi Slavomir,

Celtic is stating that you write an official letter stating you intend to delay your final payment and the reasons why, to a notary in Dalaman to have stamped (notarised) before handing it to Curbanoglu.

This is not going to court, merely an objective official authorising your letter of intent, which should you choose to go to court later on in the future can then be shown as official proof of reason for delay of payment. (Your emails will not be classed as effective proof of anything.) If you do not have official proof later on then they can make you pay the outstanding amount with interest.

That's how I read Celtic's post.

You will need to go to Turkey for this to be done.

Good luck
 

celtic

Member
help in Akkaya Garden
Hi Slavomir,

Celtic is stating that you write an official letter stating you intend to delay your final payment and the reasons why, to a notary in Dalaman to have stamped (notarised) before handing it to Curbanoglu.

This is not going to court, merely an objective official authorising your letter of intent, which should you choose to go to court later on in the future can then be shown as official proof of reason for delay of payment. (Your emails will not be classed as effective proof of anything.) If you do not have official proof later on then they can make you pay the outstanding amount with interest.

That's how I read Celtic's post.

You will need to go to Turkey for this to be done.

Good luck

I'm really impressed of your clarification, GnD. You seem to have understood the legal way I recommended properly and shared this with a very clear and understandable expression, congrats.

@Slavomir,

You can't prove that you've notified the builder with e-emails or surface mail instruments. The letter that you'll write to your builder has to be read, checked and stamped by notary and thus, you'll be able to prove that the content of the letter and the pictures were sent and the builder was notified with this way. This has nothing to do with court, but will be a very strong evidence in your hands if the builder starts legal process for collecting the money(that you are not willing to pay before the apartment's delivery) and the penalty fee from you. This will also avail that they will be informed that you are aware of your legal rights and not easy to get swindled. Furthermore, it can be considered a counter-threat directed from you towards the firm that would hurry them up for completing the construction. It's very difficult to do this for you as a foreigner in Turkey. It's recommended to engage a lawyer in Turkey to start this legal process.

@Jeanne,

I can answer whether you can or not if you care to elaborate the issue regarding tapu.
 

JEANNIE

Going to get Thinner
help in Akkaya Garden
Thank you for replying. We paid all our monies to Curbanoglu one and a half years ago and still no sign of Tapu or Hab certificate, yeh, i know , we shouldn't have paid it all till we got it, but hindsight is a very good thing, just like this forum.



Jeannie
 

celtic

Member
help in Akkaya Garden
Thank you for replying. We paid all our monies to Curbanoglu one and a half years ago and still no sign of Tapu or Hab certificate, yeh, i know , we shouldn't have paid it all till we got it, but hindsight is a very good thing, just like this forum.



Jeannie

You can file a case for refunding your money if you are still conserving the contract you signed and the receipts as proving the amount of money you payed despite not receiving the property, Jeannie.
 

JEANNIE

Going to get Thinner
help in Akkaya Garden
Maybe i didn't word my question properly, but i did get the villa on time i am just fed up waiting on tapu and no word from the builders when we are going to get it either.
Is there any way we can get this moving?


Thanks, Jeannie
 

bobthenob

Non Active Member
help in Akkaya Garden
Maybe i didn't word my question properly, but i did get the villa on time i am just fed up waiting on tapu and no word from the builders when we are going to get it either.
Is there any way we can get this moving?


Thanks, Jeannie

Say to them you will be going to the tax office to have the builder investigated.That should do the trick.
 
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celtic

Member
help in Akkaya Garden
Maybe i didn't word my question properly, but i did get the villa on time i am just fed up waiting on tapu and no word from the builders when we are going to get it either.
Is there any way we can get this moving?


Thanks, Jeannie

There's no difference between not receiving the property and the tapu, Jeanne. You are, now, deemed not to have been delivered the property since it's not seen your's in the registration records.

As I said in Slavomir's issue, you can send a stamped notification to your builder firm as cautioning them to hand over your tapu or else you would file a case for terminating the contract as demanding the amount of money you've payed so far with the interest. This notification will be the strongest argument in your hands during the action in case they ignore your demand of receiving the tapu.
 

celtic

Member
help in Akkaya Garden
Say to them you will be going to the tax office to have the builder investigated.That should do the trick.

BEWARE!! You'll have committed the blackmail crime if you do this. If there's something that needs to be reported, you have to -unconditionally- do it without asking for any interest, doesn't matter whether that interest is justifiable or not.
 

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