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Useful Cyprus Information Cyprus Government Websites Currency Converter Cyprus Property News Limassol Marina CyprusNewsReport.comTips On Problems With New Cyprus Properties
Top Ten Hints on What to Do if You Discover Problems With Your New Property
- Hint Number 1 –Hold Money Back For “Snagging”
“Snagging” is the term used for defects, mostly of a minor nature, often found in brand new properties. If you are able to hold some of the purchase price back for snagging, this can be a very effective method to ensure the property is finished to the correct standard. A professional should be appointed to prepare the snagging list – a surveyor may well pick up on points you do not notice.
2. Hint Number 2 – Do Not Sign a Delivery Acceptance Form
Many developers will ask you to sign a form upon delivery of the property stating that you accept it in the state it is delivered. This can hinder any future claim that the property was not properly completed. Do not sign and (if pushed) consult your lawyer on the content of the form.
3. Hint Number 3 – If there Are No Essential Utilities – The Property is Not Completed
If the property is not connected to electricity and water then you should refuse to take delivery – the property is not completed. If you accept the property without electricity of its own, you may find yourself “borrowing” a supply for months or even years!!
4. Hint Number 4 – Do Not Stop Paying
If you have problems during the build of your property, there can be serious implications if you stop making payments which are due to the developer under the contract. All contracts will contain a clause outlining the interest to be paid to the developer if you make a late payment. Unless the faults in your house are sufficiently serious to constitute a fundamental breach of contract, interest will run on your non-payments. Consult your lawyer if you do think the faults are sufficiently serious to warrant non-payment.
- Hint Number 5 – Consider Arbitration
If the developer will agree to the joint instruction of an independent surveyor (at joint cost) then this can be a very good way to agree on any outstanding work due.
6. Hint Number 6 – Don’t Let It Go On Indefinitely
If the developer has tried to sort out the problems and is unable to put them right – don’t let him keep trying again and again to fix the issue. This could lead to you being deemed to have accepted the condition of the property. Get a quotation from an independent expert contractor.
7. Hint Number 7 – Never Pay For Repairs
Never agree to pay for any repairs which are caused as a result of poor build. If you do have to pay for an independent contractor to sort something out urgently then make it clear (in writing) to the developer that you intend to claim this money back from him and that you are in no way waiving your legal rights by paying.
8. Hint Number 8 – Document Everything
Keep written records of everything that happens and never rely on what the developer tells you verbally – get any promises made to fix things in writing.
9. Hint Number 9 – Near The End of The Contractual Guarantee?
If it is getting close to the end of expiry your contractual guarantee and the problems have not yet been fixed, get it in writing from the developer that the defects identified will still be covered by the guarantee – even if it has expired.
10. Hint Number 10 – Get a Good Lawyer
If you have paid the full purchase price and moved in, and then serious problems emerge, you really need to get a good lawyer to sort it out for you. Do not enter into protracted (and fruitless) correspondence with the developer by yourself. It is amazing how many clients score an own goal by mistake during the course of the correspondence!
© Louise Zambartas
If you would like to have more information, our Cyprus Expat Legal Services team are here to help you. Please use our Contact Form and quote ref Legal Services. A member of the team will contact you and be at your service.
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