Tag: Marios Karayiannas

Cyprus lawyer at centre of protest replies

FOTOS PITTADJIS, the lawyer at the centre of yesterday’s peaceful protest in Paphos, has given his side of the story concerning allegations made against him to the Cyprus Mail. In an article by Bejay Browne in today’s paper, he said:

“I have heard about this demo, and I must say I find it offensive and annoying. It all seems to be organised by Chris Wood and Conor O’Dwyer.

“My father represented O’Dwyer in court, and the case was lost.”

Pittadjis continued, “I’ve represented thousands of British nationals, and offered a high degree of legal service, it’s highly unlikely that the people outside were my clients.”

He added, “As regards Chris Wood, he was only my client for one week. He then decided not to buy the property in question.”

“In Wood’s case, the developer had mortgaged the land. In turn, Chris got a mortgage from the bank, and I explained to him, the mortgage would be taken off the developer’s name and put into his.

“He then told me he wasn’t happy with this and he wanted his money back. He pulled out because of the recession and he’s picking on me.”

Pittadjis continued, “I explained this would be difficult as we had signed a sales contract, but I called the developer to try and negotiate. I was assured by the developer he would refund all the money, I’m sure Chris has had it back.”

Pittadjis believes all of his clients to be happy and assured that his company are careful to provide a high level of legal advice.

Often in Cyprus, properties are built on land mortgaged by the developer in order to fund another project.

“I never accept to release the final payment instalment unless the bank issues a waiver to free the property of the mortgage,” said Pittadjis.

“I’ve spent thousands ensuring that I have highly trained staff, so that this sort of situation can be avoided. I want to protect my reputation. People never get to hear my side of the story, and it’s unfair,” he added.

Pittadjis said he checks the mortgage imposed on a property and that the relevant building permit is in place.

“If anyone is a cash buyer, I check I’ve received a waiver form the bank before we release the third and final stage payment,” he stressed.

He added, “Chris even contacted me to negotiate his legal fees. I decided not to charge him anything, so as not to experience any further problems.”

“I’ve provided a good service to thousands of people. As if I would risk everything for a couple of thousand euros,” he said.

Pittadjis himself is one of many purchasers who have brought a property without title deeds.

“Cyprus was never prepared for this building fever,” he pointed out. “I hope that in two or three years, the new legislation will allow owners to apply for title deeds, and all the problems can be resolved.”

Pittadjis concluded, “I have to be honest. Some of these people are right: there are lawyers who might release payment without checking the situation but we never do that.

“We always make sure we have a bank waiver. That’s why the developers have never wanted to work with me – and this is why I’m so hurt by these accusations now.”

By: Nigel Howarth Published: Tuesday 27th January 2009

To see comments from British expats read this article in the Cyprus Property News
Copyright © Cyprus Property News

Paphos title deeds demo targets law firm

ANGRY demonstrators converged on the offices of Pittadjis Law Firm in Paphos yesterday, protesting the lack of proper legislation concerning developers and title deeds.

Denis O’Hare of the Cyprus Property Action Group (CPAG) told the Cyprus Mail, “We’re here because we were asked by the victims of this lawyer – it’s not organised by us. We would usually contact the press in the UK, and give a month’s notice. But we’re here today to lend our support.”

“This law firm has given out bad information in many property purchase cases, and these people here today are just the tip of the iceberg. The system here is wrong,” he added.

“There are thousands of people without title deeds to their properties, and lawyers fail to inform purchasers’ about the situation in Cyprus. Many wouldn’t have brought here if they’d known,” he said.

“You would have to be slightly crazy to buy from a developer now. Cyprus is still a wonderful country, with a great climate and people, but unfortunately, developers and the legal fraternity have ruined it for everyone.”

O’Hare stressed, “It isn’t just expats and foreigners being affected with the property situation, in fact, most of the people suffering are the Cypriots. These people are working two or three jobs just to make ends meet. We have to all work together to try and fix this.”

CPAG say the Pittadjis law firm was involved in the re-selling of Conor O’Dwyer’s property to a second buyer after his sales contract had been lodged with the Land Registry.

Conor O’Dwyer, is currently engaged in a high-profile dispute with the developers of a house in Frenaros. He has been ordered by the judge hearing his case not to take part in any demonstrations and was not in Paphos.

Many other protesters, unhappy with practices of the law firm and developers in Cyprus, took part.

Janice Crossley was at the demonstration.

“This law firm withdrew my contract of sale for a property in Ayia Thekla from the land registry,” she said.

“[The act was] contrary to my instruction and they abused their power of attorney. The property has now been re- sold and I’m €188,000 down. I’ve now revoked my power of attorney and will be taking the matter further. At present I’m living in England.’

Chris Wood is 38 and lives in Liverpool. He said, “These guys were supposed to be my lawyers. I was buying a property on a large development, and they exposed me to my developer’s debt.”

“They didn’t carry out searches to see if there were any charges on the land. My developer tried to silence me by getting me to sign a confidentiality agreement.

“It goes so much deeper than this. What about the people who actually sign these [contracts]? You never hear about them, apparently it’s quite common. I didn’t sign.”

He added, “The developers got my money and I want it back. The projects are big, so he must have taken money off a lot of people.

“Even if the property was delivered on time, I still wouldn’t have been happy. Basically, I would like justice, and for him to return my money in full.”

“It’s too late for me, but I would like to raise awareness for others. This law firm, I believe, is representing around eighty per cent of the development. I think they were recommended.”

Wood attended a property roadshow in Liverpool and said a lawyer from Pittadjis was flown over, along with representatives from Alpha bank. Sales contracts were drawn up, ready to sign.

“They’re inducing people to sign and [do] not offering any protection,” Wood charged. “The property was supposed to be a home for my family, but now it’s turned into a nightmare.

“There are people I know who have said they won’t set foot in Cyprus again, the level of corruption is just too high.”

Wood says Fotos Pittadjis assured him in June 2007, that his money would be returned. He says the developer has been making empty promises since then.

“I’m owed CY£35,000,” he said “This man is a British developer, and is abusing the system here.”

Bejay Browne – January 27, 2009

Bizarre twist as entire O’Dwyer court ordered out

COURT proceedings on the first day of the high profile Conor O’Dwyer assault case were adjourned yesterday after defence lawyers expressed concerns that the hearing was being secretly tape-recorded.

In a bizarre twist to the ongoing saga, the entire gallery at Famagusta District Court was ordered out of the chamber and told by Judge Evi Antoniou to “take mobile phones, recording devices, micro cameras or any surveillance equipment to their cars and then return.”

The move came just moments after the session started, when defence lawyers expressed their serious concerns that a message written by O’Dwyer on a local internet forum on Monday stated, “I am producing video evidence for all to see.”

In the same online posting, O’Dwyer also urged supporters to attend the hearing.

“If anyone wants to come along to see justice being served then it would be great to meet you there,” he wrote.

A printed copy of O’Dwyer’s Internet message was presented to the judge, who held up the paper in the air and demanded an explanation.

After several sharp exchanges between the judge and O’Dwyer’s lawyer Yiannos Georgiades, the hearing was postponed until April 30.

The judge also ordered that both parties in the case were not to approach each other, nor enter into any communication or conduct surveillance on each other.

A court translator then added in English, “You must not get close to each other at all.”

After the hearing, O’Dwyer told the Cyprus Mail, his Internet posting had actually meant that he would present video evidence to the court, and not record the actual session.

Despite O’Dwyer’s online call for people to come along, only a handful of supporters turned up at the court and neither O’Dwyer nor the defendants were called to the stand.

Commenting on the hearing, lawyer Yiannos Georgiades said he had never encountered such an incident in court in his career.

The case revolves around claims that a local developer, his son and another man are charged with causing grievous bodily harm to O’Dwyer following an incident outside a disputed house on January 13 last year.

O’Dwyer, 39, spent a week in Larnaca hospital after the alleged attack.

However, in a rare public statement last year, the developers accused O’Dwyer of allegedly masterminding a plan to extort a newer, more expensive property, and exorbitant damages from the company.

The company also added that they had “failed to adhere to his blackmail requests“.

In a separate development, on Monday O’Dwyer blasted Famagusta District Police for refusing to accompany him to the disputed property to take photographs.

According to O’Dwyer, officers point blank refused his request and even told him he may face arrest if he was found to be trespassing.

The case is unusual as every twist and turn in the saga has been published online on his website www.lyingbuilder.com, which has recorded tens of thousands of hits over the past year.

Concerns have been privately raised by some observers that the sheer volume of information made available by O’Dwyer on the internet could influence the outcome of the case.

By: Nathan Morley Published: Wednesday 21st January 2009

To see comments from British expats read this article in the Cyprus Property News
Copyright © Cyprus Property News

Is buying property in Cyprus as safe as houses?

WHEN you buy a property in Cyprus, your right to ownership is guaranteed under the law. Depositing your contract of sale at the Land Registry allegedly prevents the vendor from selling it to someone else; or does it?

According to the Cyprus Interior Ministry:

“The deposit of a contract of sale at the Department of Lands & Surveys creates an encumbrance of a great practical importance on the encumbered property. The subsistence of such encumbrance prevents the vendor from selling or charging any such property whereas the purchaser may obtain a judgment from the Court directing the registration of the property in his name, if the vendor refuses or fails to transfer the property within the time agreed as per contract of sale.“

This is supported by section 303A of the Cyprus Penal code which states:

“(1) Any person who, with intent to defraud, deals in immovable property belonging to another is guilty of a felony and is liable to imprisonment for seven years.

(2) For the purposes of the present section a person shall be deemed to be dealing in immovable property where-

(a) [that person] Sells to another, or rents to another, or mortgages to another or encumbers in any way, or makes available for use by another immovable property, or (b) advertises or otherwise promotes the sale or renting out or mortgaging or charging in any way to another of immovable property or the use thereof by another, or

(c) concludes an agreement for the sale to another, or the renting out to another, or the mortgaging to another, or the charging in any way to the benefit of another, or the use by another of immovable property, or

(d) accepts the immovable property which is the object of the dealing as this is defined in the present subsection.

(3) For the purposes of the present section, a person acts with intent to defraud if, when committing any of the acts set out in subsection (2), that person knows or, under the circumstances, should reasonably have known, that he does not have the consent of the registered owner of the immovable property, or of any other person who has the lawful authority to grant such consent.”

What this means is that if you buy a property in Cyprus and deposit your contract of sale at the Land Registry, the person who sold it to you cannot sell it to anyone else or rent it, mortgage it, etc. If they do, they face the prospect of spending seven years in jail.

Indeed, Cypriot courts have used the law to prosecute people involved in the sale or purchase of property in the areas of the island under Turkish occupation. But for some reason the Cypriot authorities appear ‘reluctant’ to use this law in other situations.

Consider the case of Conor and Michaela O’Dwyer:

The O’Dwyer case

In 2005 Mr O’Dwyer and his wife Michaela bought a property in the village of Frenaros from a Paralimni-based developer. Their lawyer, quite correctly, deposited their contract of sale at the Land Registry where it remains deposited to this day – the Lands Registry reference is ΠΩΕ 1064/2005.

During a dispute between the developer and Mr O’Dwyer, the developer re-sold the property to Michelle McDonald. This, according to the law, was illegal.

If you click on the small picture on the right you can read a letter from Ms McDonald’s lawyer confirming the sale of Mr & Mrs O’Dwyer’s home.

(As well as acting on behalf of Ms McDonald the firm was apparently representing the developer with whom Mr O’Dwyer was in dispute. It is therefore surprising that that the lawyer did not advise Ms McDonald of the fact that the property she was buying had actually been sold to someone else and for her to buy it would be illegal.)

Police investigation

On 24th August 2007, the Cyprus Mail reported that the (former) Interior Minister, Christos Patsalides, had ordered an investigation into the matter.

Last month, the police concluded their investigation. Subsequently the following letter was sent to Mr O’Dwyer’s lawyer by the Counsel for the Republic; it has been translated from the original Greek:

REPUBLIC OF CYPRUS
LEGAL SERVICE OF THE REPUBLIC

File No. G.E. 93/1984/128
26 November 2008

Messrs.
Georgiades & Mylonas
Advocates – Legal Consultants
c/o Mr Yiannos Georgiades
P.O. Box 24144
1701 Nicosia

RE: Breach of article 303A, Cap. 154 – Cornelius Desmond O’Dwyer

Further to our letter, file no. 93/1984/128 and dated 22/10/2008, we hereby wish to inform you that the Police have completed their inquiry, the file has been studied and it has been ascertained that no criminal offence has been committed.

[signed]
Paulina Evthyvoulou – Evthymiou
Counsel for the Republic
For the Attorney General of the Republic

New precedent?

It would appear that a precedent has been set. Although Mr O’Dwyers contract of sale was deposited at the Land Registry, the developer who re-sold it to Ms McDonald has committed no crime according to the police who investigated the matter.

This precedent raises a number of serious questions:

  • Does the deposit of a contract of sale at the Land Registry prevent the sale of a property for a second time?
  • Will this ruling open the floodgates enabling other developers to sell the same house to more than one unsuspecting foreign buyer?
  • Are the authorities willing to take action to enforce the law?
  • Is it safe to buy property in Cyprus?

I’ll leave you, the readers of this magazine, to draw your own conclusions.

By: Nigel Howarth Published: Tuesday 9th December 2008
To see comments from British expats read this article in the Cyprus Property News
Copyright © Cyprus Property News

Briton outraged by delay to assault case over house dispute

BRITISH home buyer Conor O’Dwyer was furious yesterday that it will have taken more than a year for Paralimni court to hear his case involving an alleged beating by the property developers with whom he is in dispute over a house purchase.

On Thursday the developers, Karayiannas, father and son, pleaded not guilty to grievous bodily harm after O’Dwyer spent a week in Larnaca hospital at the beginning of this year.

According to O’Dwyer’s lawyer Yiannos Georgiaides the court set the hearing for January 20, 2009. The assault happened on January 14 this year.

A third man, who O’Dwyer claims held him down while the two developers attacked him in the centre of Frenaros, failed to show up at court on Thursday but his lawyer guaranteed the judge that he would show up on October 23 to enter a plea and the arrest warrant was cancelled.

Georgiades said from the date of the assault to the date of the hearing was more than a year. “We had to keep contacting the Attorney General’s office for a long time for information on the prosecution case,” said Georgiades. “Conor is justifiably upset over the delay in taking the case to court. It’s not usual for the courts to fix dates such a long way off.”

He said cases involving assault were usually tried very quickly.

O’Dwyer, 39, who has spent the last 60 days protesting outside the Cyprus High Commission in London said he was furious over the length of time it was taking considering it was a criminal case and not a civil one.

He added police had not filed any charges against the father and son, who O’Dwyer said had grabbed his mobile phone and the memory stick from his camera the day he was assaulted. O’Dwyer had been filming the alleged confrontation. His phone was never recovered and the camera was returned empty.

“It’s all absolutely disgusting,” said O’Dwyer. He said he had met the new Cyprus High Commissioner and another Cypriot official on Thursday and made his feelings clear. “I let them know I was annoyed,” he said. “And I gave them a list of my grievances. I have been here 60 nights. Where is the investigation into the unlawful selling of my house that the Minister said in August 2007, would be carried out?”

“My money is in his (Karayiannas) bank and someone else is living in my house”.

Every detail of O’ Dwyer’s case has been outlined on his website www.lyingbuilder.com and he has now set up a new site www.ShameOnCyprus.com.

O’Dwyer said the only option left to him was the road to Strasbourg. He has hired an EU law firm in London and plans to take action against Karayiannas, the developers` lawyers in Paralimni and another law firm that used to represent him but now represents the developers, and all those who have defamed his name.

“What happened on Thursday with the court case was the final insult,” O’Dwyer said.

Commenting on the response he has been receiving from the Cyprus High Commission in London, O`Dwyer said it’s always “investigation, investigation, investigation”. But nothing has changed since August 2007,” he said.

“I have been here 60 days. My wife and children are upset that I’m here and I have lost two stones in weight but I am determined not to move”.

October 5, 2008
(Source: Cyprus Mail)

Tent protest aims to shame Cyprus in dispute with developers

BRITISH home buyer Conor O’Dwyer marked his 39th birthday yesterday far away from his wife and children as he continued his indefinite protest outside the Cyprus High Commission in London.

O’Dwyer began his protest camping outside the Cypriot diplomatic mission this month because August marks two years since he was due to move his family to Cyprus, and August marks the anniversary of when the Minister of the Interior told the media he was looking into the unlawful selling of O’Dwyer’s house.

In two years, no progress has been made on O’Dwyer’s case outlined on his website www.lyingbuilder.com, and he has now set up a new site www.ShameOnCyprus.com, which will focus initially on his protest in London.

“I am still getting the same rhetoric that I was getting two years ago,” O’Dwyer said yesterday. ‘That’s why I’m protesting. I’m not going anywhere until they drag this case to court and take the developers off to jail. I deserve my day in court.”

O’Dwyer spent a week in Larnaca hospital last January after he was beaten up in Frenaros when he went to take pictures of the house he had bought and over which he later came into dispute with the developers.

They have been charged by police in connection with the attack on O’Dwyer in Frenaros, but the case has yet to reach the courts.

He says the developers unilaterally cancelled his contract and kept his money, some £75,000 sterling, because he had pulled them up over what he saw as a misrepresentation of their deal. That case is also pending at court. The developers have accused O’Dwyer of allegedly masterminding a plan to extort a newer more expensive property, and exorbitant damages from the company.

“My case is undeniable,” said O’Dwyer who, said that if anyone bothered to look at it, it could be solved in an afternoon. “It doesn’t take Sherlock Holmes to figure it out. This whole thing stinks.”

O’Dwyer did receive a visit from an official at the Cyprus High Commission on Friday but the official only gave him “the same old story”, he said. A new High Commissioner is due to be in place next week, whom O’Dwyer hopes might listen to him.

Since the indefinite protest began, O’Dwyer has been sleeping in a tent and spends his day updating his new website and talking to passers-by, including, he said, potential British property buyers for Cyprus. “A few have now been put off buying in Cyprus when they heard what happened to me,” he said. “I’m not going to stay quiet any more and watch other people lose their savings. I’m sleeping in a tent. That’s what I got for my £75,000. I’ve lost my home but I’m not moving from here until I let everyone know what a corrupt society Cyprus is.”

By Jean Christou – Cyprus Mail
Published on August 15, 2008

London property protest

A GROUP of British expats frustrated with the judicial system in Cyprus protested at Alexandra Palace London on Sunday where President Demetris Christofias was addressing a gathering of UK-based Cypriots.

The protest was led by Conor O’Dwyer, 38, from Surrey who bought a house off plan in Cyprus in 2005 and has since entered in to a lengthy legal battle with the developers.

Unable so far to receive justice in Cyprus, O’Dwyer decided to take his protest to London during Christofias’ visit at the weekend. Holding placards calling for justice and an end to corruption, the protestors camped out in front of the venue.

O’Dwyer was joined by the relatives of expats in Cyprus who are also experiencing legal difficulties over properties they have purchased on the island. Problems include non issuing of title deeds, structural faults, illegal building, or developers extorting immovable property tax and transfer fees, they say.

O’Dwyer said yesterday the protest went very well.

“We didn’t see the President ourselves but hundreds of guests came past our protest stand and accepted leaflets,” he said. “Some were shocked at the severity of the cases represented but few were surprised with problems like the issuing of title deeds as their own families had fallen victim to this trap.”

He said the protestors were highlighting a broad range of issues and said it would be good to have the future support of the London Greek Cypriot community.

“Yesterday [Sunday] was a nice introduction,” he said.

O’Dwyer was badly beaten in Frenaros in January this year after taking photographs outside the house he owns in the village. The developers who sold him the property, and with whom he is engaged in a legal dispute, were later arrested and charged with assault. O’Dwyer, who details his entire case on the website lyingbuilder.com and on YouTube, spent over a week in Larnaca hospital.

By: Jean Christou Published: Tuesday 20th May 2008
To see comments from British expats read this article in the Cyprus Property News
Copyright © Cyprus Property News