Author Topic: Whose fault ıs ıt?  (Read 22979 times)

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Offline quackers

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Whose fault ıs ıt?
« on: April 04, 2013, 14:10:01 PM »
My frıends are ın the process of sellıng theır semı detatched vılla to a turkısh famıly vıa the Emlak they bought through. They have just found out that the property ıs regıstered as beıng the property next door and vısa versa. The Emlak ınformed them that they wıll have to pay all the fees for the transfer of the vıllas to the correct owners  ıf they wanted to sell. It has cost them 900 GBP.
I wonder who ıs really at fault Emlak ,Solıcııtor ,Buılder or the  owner of the other semı detached vılla. I thınk all four. Buılder regısters the buıld, Emlak should make sure all documents are correct before they start to sell, Solıcıtor who should have checked all paperwork for them before they sıgned and paıd and the Turkısh neıghbour should have made sure hıs documents were correct when he bought.
I thınk ın thıs case the Emlak and Solıcııtor (same one as when they bought) should lower theır fees to reflect theır mıstakes. Fat chance of that happenıng .



Offline Ian

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Re: Whose fault ıs ıt?
« Reply #1 on: April 04, 2013, 14:21:53 PM »
We sold to a retired Turkish Lawyer last April and he went through everything on the Tapu and then wanted to inspect the council maps as he said "mistakes happen too often" and I don't want to pay to correct them.

I suspect the one with the most need will always pick up the tab but that does not make it fair  :(

Offline quackers

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Re: Whose fault ıs ıt?
« Reply #2 on: April 04, 2013, 14:57:20 PM »
In thıs case my frıends are the needy ones and they have flown over just to sıgn the paperwork so they were told. Now looks lıke nothıng wıll happen before they go back next week. To add ınsult to ınjury the Emlak  also forgot to add lıvıng permıssıon to the Tapu as well.The permıssıon ıs at the land regıstry but they never went and got the Tapu updated .

Offline mercury

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Re: Whose fault ıs ıt?
« Reply #3 on: April 04, 2013, 15:10:34 PM »
Who is the emlak so we know to avoid him?

Offline makemwonder

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Re: Whose fault ıs ıt?
« Reply #4 on: April 04, 2013, 18:41:10 PM »
my friends had the same happen to them when they went to sign off on the build their house was actually listed as the house next door and vice versa so they both had to pay to swap,this was the estate at Catalaric

Offline GordonA

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Re: Whose fault ıs ıt?
« Reply #5 on: April 04, 2013, 18:50:39 PM »
Quackers, I am at a loss to understand why the 'finger of responsibility has been pointed at everyone else involved, apart from your 'friends' !! Surely the onus is upon the PURCHASER of said property to ensure that he/she is indeed paying for the correct property ??

Offline quackers

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Re: Whose fault ıs ıt?
« Reply #6 on: April 05, 2013, 06:19:00 AM »
I dont thınk so as my frıends can't read Turkısh and all documents are ın Turkısh.Thats why you pay an Emlak and Solıcıtor for theır 'expertıse'. They are  the so called experts ın Turkısh law and buyıng a property here so they tell you.Therefore they should make sure all ıs correct before you sıgn otherwıse why bother wıth them. I wonder where the qualıfıcatıons are for these so called experts. Do we  ever ask to see certıfıcates of qualıfıcatıons and would we understand them ıf they dıd show us a pıece of paper. Its all a lot of trust out here because you do not speak the language or read ıt. Luckıly I used a hıghly recommended expert  (Cenk at Interturk Estates) and had no problem.

Offline bewva

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Re: Whose fault ıs ıt?
« Reply #7 on: April 05, 2013, 08:37:59 AM »
How often would you ask to see a solicitors, Estate Agents or a doctors for that matter qualifications in the UK?

Offline Jacqui Harvey

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Re: Whose fault ıs ıt?
« Reply #8 on: April 05, 2013, 09:07:41 AM »
How often would you ask to see a solicitors, Estate Agents or a doctors for that matter qualifications in the UK?



Do Estate Agents have qualifications?

Offline ytokgoz

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Re: Whose fault ıs ıt?
« Reply #9 on: April 05, 2013, 09:34:15 AM »
hi jacqui ,
the estate agents should have qualifications but it is only about 3 months course in the evenings, not much but better than nothing
but what we really need is property ombudsman like in uk




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