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Possible property scam?

Peter Koczkas

Hi all,


I am in the process of buying a property and I am getting some red flags. My lawyer hasn’t been very helpful ad was recommended by the estate agent, so I am looking for independent advice.


Here’s the situation:


Before signing the reservation agreement, I was informed by the seller’s lawyer that the owner was not the person previously stated. I still signed it and paid the full deposit after my lawyer confirmed the vendor’s identity and property status.

When I received the sale contract (not signed yet), I discovered the owner had changed his name years ago, but earlier documents (like the title deed) used the old name. My lawyer says it’s fine and sent ID documents.

According to the power of attorney, the vendor was in the country when I signed the reservation agreement, but I never met him. The agreement still uses his old name which confirmed by the vendor lawyer.

My lawyer hasn’t explained anything, just keeps pushing me to proceed and says there’s no risk. First I was told to transfer the money to the vendor’s bank account which is outside of Cyprus. Because I raised my concerns I was told I can pay simultaneously with the title transfer, but the contract still doesn’t include bank details such as bank account number, bank name. Bank account holder name — only a reference to a foreign bank account.

There was a delay before I got the contract and documents. After asking for clarification, I received via email:

Title deed with the correct name

Land registry searches with the current name (some stamped, some not )

Identification documents

Name change certificate with apostle

Power of attorney (issue circumstances odd to me)

I am still waiting for:

Property transfer history

Recent utility bills

Tenant status

Confirmation of where the power of attorney was signed

How the Vendor identity was verified when the old passport received only upon my request.


I still feel uncomfortable and want to make sure this isn’t a scam. Any advice or experience with similar situations would be greatly appreciated!

See also
Neptune3

It may not be a scam, just a relaxed 'oh it's fine, just sign' attitude.

I had that with my solicitor too. We had to do a lot of the legal work research ourselves, because of this relaxed attitude of the solicitor.


I would just say that I cannot proceed until everything is in order legally. And step back and wait.


There are plenty of other places for sale. Look for somewhere else meantime and give them deadline to get their documents in order.  It is a huge financial commitment for you, so get it right! Don't be pushed: if the seller really wants to sell, then he has to get his act together.


We gave our foreign seller a deadline and started looking elsewhere meantime.

phildraper

I can recommend Geoffrey Stanway in Cyprus. He is an ex UK lawer and has worked in Cyprus helping trapped buys so has a great deal of experience with Cyprus property issues and laws. He looks into property for prospective buys and gets the facts. You will find him on Facebook. He lives in Tala.

Peter Koczkas

@Neptune3

Thank you for your kind reply.

What really makes me uncomfortable:

  1. According to the power of attorney, the vendor was in the country, same city when I signed the reservation agreement, but I never met him. The agreement which was confirmed by his lawyer still uses his old name and to travel here and arrange POA takes days especially the seller live far from Cyprus. And according to my information the lawyer found out the ownership situation once we said we want to buy the property.
  2. No bank account number in the contract, i do not know it is normal or not.

phildraper

Best suggestion is to get independent legal advice before committing more funds. The big risk is not just the property purchase costs and legal wrangling but the possible additional costs after purchase which could go on for years.

Neptune3

It sounds more remiss than deliberate to me. We had similar lack of data. We waited until the seller got his act together and produced the documents (which should have been prepared prior to the sale, as it was obvious they would be needed).


Is there a rush?  If it were me, I would list what you need the seller to do/prepare and wait - a clear bullet point list so seller can easily  understand what is required of him. My seller was Vietnamese, so also had problems. A clear list helped. I suspect our seller was just clueless and his solicitor useless in being proactive. 

Toon

If it was me I would  get a totally independent lawyer not associated with the sale parties.

Toon

Never ever go with any lawyer linked to an estate agent or seller go independent always..... Preferably on personal recommendation from someone who has and can prove.they used them.

Peter Koczkas

Thank you all for the replies. Really appreciated it.

charles533

Ditto, get an Independent Lawyer. Dont know where this property is stituated so cannot offer any real advise

Peter Koczkas

@charles533

It is in Paphos area.


Thank you