Mejl från Johan till Nursen.
I still don’t understand what the hearing on the 24th February is all about. R2I wrote that neither Demo nor the Landowner want to take this matter to court. They also wrote that Demo and both landowners was going to pause all legal claims whilst exploring the suggested solution and that this was agreed ‘in principle’ during a meeting in Istanbul. Can you please explain this with a few words?
I your previous email you said that we will be informed about the legal costs once they are determined. There is not that much time left until the 24th Feb, do you have any idea when you will be able to provide us with this information?
You also said that we need to reply before the 24th Feb, is there a due date for replying. I definately believe we will need your help but we just need to get more information about how the hearing is affecting us and also to know that the cost is reasonable.
In the last email I asked if the final payment should be paid once XXX is completed and you answered that you can’t comment until the negotiations are completed and signed by all parties. However, I didn’t ask what will happen, rather if my interpretation of R2I’s statement was correct. That is, if this is how R2I and Demo are trying to solve the issue. From the investor’s perspective there is so much uncertainty regarding the project that sending more money away before knowing that we will have a completed apartment would almost be foolish. They hopefully understand this and take this into account when working on the roadmap. Therefore I wonder if my interpretation is in line with yours?
Finally, I’m interested in hearing your personal opinion about the negotiations and hearings. I understand that you can’t promise anything but I would like to hear what your gut feeling tells you. That is, do you think the negotiations will be succesful?
Kind regards, Johan
Nedan följer Nursens svar på Johans mejl:
Let me summarise;
1- Your original unit was XXXX and the title was with the LO
2- R2I and developer had agrred on a restructure
3- As per the restructure, titles have been transferred into my name on behalf of buyers
4- These ttiles were supposed ot be sold by R2I and the money was supposed ot be used for constrcution
5- Sales did not happen
6- So the titles taken for sales had been trnasferred ot those buyers whose titles were with LO
7- Developer persued those titles and took legal aciton againts me to take back those titles
8- I have taken all the necessary legla steps adn obtained the legla docs, presented to the court
9- When developer saw our legal progress, they wanted to negotiate with us to sor t the issues
So it is the legal work I have carried out made the LO and the developer to negotiate with us to sort things out.
However as the legla action had already been taken, as process the hearing will take place on 24th(as per Turkish regulations parties cannot change the hearing date). So the hearing will take place on 24th. This hearing is about hte legla action taken by the dveloepr in order to get back the titles transferred to buyers.
As I have stated in my email, I will be able to determine the cost according to the number of attendants. So if you instruct me to act on your behalf, subject to the legal cost, and once I receive replies from other clients then I will be able to update you the possible costs and fee.
However please keep in mind that I will keep the costs and legal fee as reasonalbe as possible becuase this is a class action.
Nevertheless there are also negotiations which are being held recently and which may solve the issue without legal actions and give us the option not to charge anything to buyers.So this is why I haven’t indicated any definite figures.
Yet the details with regard to how and when the final payments will be done is not discussed. Although your interpration is right, things can change durign the meetings.
You will be informed with regard to the next hearing once it is finished. I am also trying to inform you every detail of the negotiations and doing utmost to get a successfull end.