Shoddy workmanship

[hallberg]

I own a villa on a complex (25 villas in total) on the Bodrum peninsular. The site was completed June 2005. The developer managed the site for 2 years after completion and was then replaced by a local management company. Since completion several of the walls (some are 5 metres plus high) have collapsed. These walls have been badly constructed from poor quality materials. They are made from volcanic tuff which just crumbles away, as does the mortar in between. The builder/developer was pressured into giving a 5 year written guarantee following the collapses experienced while they were still on site. Recently the wall adjacent to my own villa showed obvious signs of imminent collapse and this was reported to the builder. The builder refused to honour his guarantee and the wall has now collapsed - fortunately while we were back in the UK - avoiding any serious injury or damage to the villa itself. The builder still refused to act so we commissioned an expert independant surveyor from the Bodrum Local Civil Engineers Association. His findings were that the site walls are dangerous and need rebuilding. My question is: How do we owners enforce this without entering into protracted and hideously expensive litigation as documented elsewhere on this great forum? Any advice would be greatly appreciated.

 

[yalimart]

was the guarantee notarised ?

martin

 

[hallberg]

Hi, thanks for the quick response. The guarantee was obtained by another owner and I do not know if it was notarised. My hunch is probably not

 

[carolk]

Can I just say - with some experience - if it is not notarised, it is not worth the paper its written on. Very few builders honour there guarantees, they are just a selling point or to fob you off and, no court will uphold it.

 

[hallberg]

Hi carolk, thanks for that. By the way I read all through your ongoing battle on a similar matter and became an instant fan. If I and my fellow owners can show anything like as much grit and determination in challenging these shysters as you have then I'll at least sleep a bit easier at night. Good luck to you!

 

[hallberg]

Hi carolk, thanks for that. By the way I read all through your ongoing battle on a similar matter and became an instant fan. If I and my fellow owners can show anything like as much grit and determination in challenging these shysters as you have then I'll at least sleep a bit easier at night. Good luck to you!

I understand the point about any paperwork not "notarised" being unenforceable in court but what exactly is this process? and how do you get agreements notarised. In addition, and leaving aside this particular process, do builders/developers have to comply/conform to certain building regs.standards/obligations? The work in question was carried out by one of the largest developers in the region who has offices in the UK and Ireland. They have built several developments on the Bodrum peninsular consisting over several hundred properties. These independantly surveryed walls have collapsed and are clearly dangerous, and whilst Turkey is obviously not in the grip of the health & safety paranoia experienced in the UK & elsewhere surely the local belediyesi have building standards and a vested interest in people not being crushed by collapsing walls? If anyone can shed any light here it would be appreciated. Local lawyers have been sounded out but they all want several thousand lira up front and are not convincing when questioned about how this should be tackled and the likely outcome or timescale. We need to do something before the situation worsens.

 

[carolk]

Hi Hallberg, you can start a case on you own as I did without a solicitor, I think I have given a step by step guide but, it is difficult if you don't live in Turkey. The only other thought I have had is, could your management committee do it any easier?

Sometimes a notarized letter of intent can work wonders too!

At least you have some form of guarantee and, I wouldn't just let them get away with it without even trying.

 

[Guz1]

Unlikely that you can get the agreement notarised retrospectively, especially without the builder's consent.

 

[carolk]

Thats right Maria, both parties have to agree at the time.

 

[Saoirse]

I suppose its just like many other places including home when if you take a builders word re warranty etc. We did so and have been very lucky in that hes an honest man and has righted any wrongs (albeit they were only minor) as agreed. Dodgey builders everywhere

 

[carolk]

No Philip it is not. The UK has legislation for this, false advertising small claims court where you can file on line etc, I could go on and on. There are indeed cowboys everywhere but, in this instance the complaint is in Turkey. Have you had any dealings with the judiciary here as many have? I cant see your point! I am pleased you were so lucky.

 

[hallberg]

Hi Hallberg, you can start a case on you own as I did without a solicitor, I think I have given a step by step guide but, it is difficult if you don't live in Turkey. The only other thought I have had is, could your management committee do it any easier?

Sometimes a notarized letter of intent can work wonders too!

At least you have some form of guarantee and, I wouldn't just let them get away with it without even trying.

Our management company have not been very forthcoming when asked to help us in this matter. They offer to pass the matter on to a solicitor and have admitted that they have known the developer for some years and there is a possible conflict of interest here so they don't really want to get involved. It's bordering on incestuous the way they all work and know each other in the region. The managers are also not very complimentary about the Turkish legal system and advise that we just pay for the work ourselves. This really goes against my instincts as I hate letting shysters get away with it without a fight.

 

[Saoirse]

my point is I didnt have a written agreement(foolish I know) and he still stood over his work. Good and bad everywhere and having legislation in place is absolutely no guarentee of getting these things sorted

 

[carolk]

Hallberg, You could try asking Cem, our solicitor on here and I'm sure he would tell you how to proceed.

Philip, I still don't see your point on this thread as it is a given there are cowboys everywhere. Having legislation is no guarantee but, its a starter when you find yourself in the position of Hallberg!

 

[hallberg]

Hallberg, You could try asking Cem, our solicitor on here and I'm sure he would tell you how to proceed.

Philip, I still don't see your point on this thread as it is a given there are cowboys everywhere. Having legislation is no guarantee but, its a starter when you find yourself in the position of Hallberg!

Carol, that seems like a good idea. I'm new to this forum and was hoping that Cem would contribute if he saw the thread. If not do I just look up his contact details and PM him?

 

[carolk]

Yes Hallberg you do, If you pm him I am sure he will be in touch soon.

 

[hallberg]

Yes Hallberg you do, If you pm him I am sure he will be in touch soon.

Thanks carol, had a look through the members list but could only find a cemcem listed. Not sure this is the right contact so will look through other threads - if I remember correctly he contributed in the thread concerning your own legal battle? so I'll ferret around and PM him

 

[OWENA]

Our complex is not finished - in fact it is a disgrace. Today, I have had a bill for £840 + interest for management fees when I did not even have a tapu at that point, £1900 + INTEREST TO FINISH THE COMPLEX and a further 450tl for management fees this year. Yesterday we had a notification that to get our habitation, it would cost us £2183 each. And in that we have to pay the builders taxes!!! He cant pay but we are expected to. What sort of laws do they have over there. It all falls back on the owners. If I say I cant pay, I have been told that we can expect to have our properties sold at 40% of what they are worth. So I forwarded it all to our solicitor who is dealing with this for 14 of us on our site and now just waiting for her response. The best part is the landowner owns 6 of these apartments and she hasn't paid anything - wonder what will happen there!

 

[hallberg]

I think I know how you feel - all very frustrating to say the least. I refer to my earlier point about any sort of regulations covering build quality etc. What's the point of a habitation certificate if developments remain unfinished, or worse still are constructed so badly they are positively dangerous. Maybe I'm expecting too much but think of the adverse publicity and potential financial consequences if, God forbid, innocent people are injured due to negligence. I appreciate that Turkey is not as "developed" as western Europe but they do themselves no good if they just take the money and run. It all comes home to roost eventually. The sad thing is in general I love the place and find the Turkish people very welcoming and great fun. It's such a shame that a small minority let investors down badly and blight the enjoyment of people asking for no more than what they bought and paid for!

 

[parrot]

Having been there done it and got the tshirt can I ask if anyone has ever been successful in taking a Turk,be it a company or some scumbag refusing to pay their site fees,to court.