Följande rapport fick jag från advokaten Nursen den 21:e januari:
Dear Elite Park C & D block Client,
I would like to inform you with regard to the latest legal situation of your investment in Elite Park project.
As informed previously, the title in block C or D has been transferred and registered into your name. Please contact me to be informed which unit you have been transferred if you do not have this information. Below legal work is done on your behalf for the transfer of your title.
1- New POA’s issued, translated and notarized
2- Passport copy is translated and notarized in 2 copies
3- Tax ıd is obtained
4- Real estate tax is paid
5- Official market value document is obtained
6- Municipality file for the transferred share has been issued
The title gives you the full ownership right to the property which gives you the right to sell your unit.
As you have been notified, the Land Owner has taken legal action against all title owner in block C and D . There are three legal actions have been started by the Landowner.
Legal action 1: The LO have applied the court on 13.01.2010, to obtain a report indicating the construction level, time to complete the construction and expenses done so far. The LO have also demanded “preliminary injunction” in order to stop construction. The report issued by court experts, indicate that block D have been constructed 44% , block C have been constructed 24% (approx.),the expenses done up-to-date 5.6 million TRL (approx.) and the remaining construction can finish in 18 months.
Legal Action 2:
The LO had taken legal action against the developer, claiming;
– Developer is in default as he has not fulfilled the obligations despite the notices that had been served.
– The construction is 35% completed (approx) (Block D have been completed 44% of and Block C have been completed %24)
– The agreement between LO and Developer should be terminated and developer shall leave the site
The court has assigned experts who have reported that the construction in block D have been completed 44%, block C have been completed 24 %, the expenses done so far is 5.6 million TRL (approx.)
The 1st hearing had taken place and we have attended the court. As Developer had not received the court notice, we have informed them the court case and convinced them to attend the case. Their lawyer have attended the case and asked for period in order to set up their replies against the claims.
The 2nd hearing had taken place on 02.11.2010. We have demanded “consolidation of actions- legal action 2 and legal action 3. However the judge have neither accepted our demand to be the intervening party nor the consolidation of actions.
The judge have decided to terminate the contract between the LO and the Developer. I have Developer has the to file to appeal. However as the developer is not following hte case, I have already filed an appeal.
Legal Action 3:
The LO had taken legal action against the developer and any other 3rd party buyer who had been transferred title from block C and D.
The 1st hearing took place on 12th of October 2010. We have prepared the necessary petition on behalf of the buyers.
Next Legal Steps
The next hearing is on 15.02.2011. I am working on the petition to be presented to the court which explains in details the legal situation of buyers, payments made by the buyers, title transfers done up-to-date and etc.
The legal plan is;
1- File an appeal for legal action 2 (already done), so that the agreement between the developer and LO is not terminated
2- Consolidate legal action 2 and 3, as buyers sales contract are linked to the agreement between the LO and Developer
3- Prove that the construction has been done up to this level with the payments of the buyer, so even if the agreement is terminated, the expenses determined by legal action 1 is paid to the buyers.
4- Further legal actions will be determined according to the progress of the case.
Please be informed that the LO has asked for meeting which took place 26.11.2010. The LO have demanded to cooperate with us in order to get the construction completed. I have in principle accepted their offer, provided that they withdraw the legal action taken against my clients.
By filling an appeal with regard legal action 2, I have made the LO to negotiate with us, as otherwise it may take a few years for them to finalize the court case and complete the construction.
Also, R2i have been working to try and find a commercial solution to this issue and a meeting with the developer took place recently in Istanbul. R2i will send a separate report about this shortly.
Future Legal Costs
As stated in my previous report, this is a class action, the legal fee and the cost will be determined accordingly, once we figure out how many buyers will attend the court and instruct me to represent them. The legal fee will vary depending on the amount of attendants and claim amounts. The legal fee and cost will be paid 50% upfront and 50% before the decision is obtained in the 1st instance court.
In order to determine above, may you please inform whether or not you would like me to represent you in above court cases, no later than 04 Februrary 2011.
Please also be informed that as we are together with R2I aiming to reach an agreement via negotiations, should an agreement cannot be reached in the next couple of months, you will be charged for these expenses and fees.
Should you require any further info please do not hesitate to ask
Nursen Kose Ozdemir