Brit wins property dispute but must pay for defamation

A BRITISH homebuyer has said he will appeal a court order to pay compensation for an online campaign against a property developer whom the court has found guilty of the unlawful termination of a 2005 contract.

After years of battling his case, and finally having the court acknowledge that his developers had unlawfully terminated his contract, the Famagusta District Court has asked Conor O’Dwyer to pay compensation to Paralimni-based Karayannas Developers over his online campaign.

Although the court awarded O’Dwyer €141,000 in compensation, which comes to around €200,000 with interest, he has been asked to compensate the developers to the tune of some €60,000 – over €85,000 with interest – for defamation on the website lyingbuilder.com, set up in March 2006 against the backdrop of a growing dispute with the developers.

“I’m being penalised because I dared express my opinion about how I was treated by the developers,” O’Dwyer said.

The website documented O’Dwyer’s interaction with the developers by scanning documents, recording conversations and posting photographs of the disputed villa.

O’Dwyer’s lawyer, Yiannos Georgiades, has been instructed to appeal the court’s decision.

In the case of defamation, Georgiades said that European law precedents weighed heavily towards the protection of freedom of speech and people’s right to express their opinion, even against major corporations.

Georgiades said they will also appeal the court’s decision not to award damages for expenses (travelling to and from the UK), loss of rent (by selling a home in the UK to settle in Cyprus) and damages for distress caused by the developers.

The O’Dwyer family sold their house to move to Cyprus with their two small children, buying property on land belonging to the developers in 2005.

They felt their agreement with the developer was breached but negotiations to find a mutually agreed solution failed.

O’Dwyer had already paid over €100,000 in instalments as per his contract and claims the house was resold without his knowledge in May 2007. His contract had been unlawfully terminated and his money never returned.

Karayannas and his son have already been found guilty twice of assault on O’Dwyer in 2006 and 2008. Concerning the second assault, the state has appealed the court’s decision to give a 12-month suspended sentence for actual bodily harm on the grounds the offence should have related to the more serious grievous bodily harm.

O’Dwyer is also waiting on a civil suit against the developers in relation to the second assault that left him six days in hospital.

Also pending is a Supreme Court appeal to a court’s decision to clear Karayannas of any wrongdoing, in relation to a private criminal prosecution.

Russians warned against buying property

warning to russians buying property in Cyprus
RUSSIANS flying to Cyprus from Moscow’s Sheremetyevo International Airport are being warned not to buy property on the island according to an article (in Russian) on the Federal Complaints website.

The warning comes in the form of leaflet being handed to travellers entitled “?????????, ????!” (Beware of Cyprus!).

It tells the story of a young Russian couple who were allegedly caught up in a web of deceit involving a mature Russian woman from Moscow and a local developer while they were honeymooning in Cyprus.

The Russian woman apparently introduced herself to the young couple and eventually persuaded them to inspect a number of apartments after which they were introduced to the property developer.

What followed was typical of what has happened to many others who have bought property in Cyprus. Although the couple were very sceptical to begin with, they were eventually persuaded to buy an apartment after being told that the developer in question was the “most honest of Cyprus” and that there was a queue of tenants lining up who were willing to pay €1,000 a month rent for the apartments once they had been completed.

The contract was signed in the developer’s office. The husband attempted to exercise a degree of caution by getting the contract read to him by an interpreter. But the developer stepped in and assured the couple that many Russians had purchased properties from his company without any problems.

Unfortunately as a result of the stress and anguish caused, the article reports that the couple have now divorced and the husband has lost his job after suffering a nervous breakdown.

A group of lawyers is gathering information about the activities this developer that will enable a class action lawsuit to be filed with the International Court of Justice in The Hague and to provide the law enforcement agencies in Cyprus and Russia with sufficient material initiate criminal proceedings.

Troika reforms include property tax hike

SWEEPING cuts to public sector wages and pensions and tax hikes are the likely targets for reforming the island’s shattered economy according to a leaked Troika delegation document.

The draft document, obtained by InBusinessNews, outlines a series of painful measures including a 15 per cent cut to the state payroll by 2013, a 10 per cent cut in benefits, and the abolition of public sector wage indexation, also known as the Cost of Living Allowance (CoLA).

According to the document, all civil servants will be made to contribute towards their pensions and will also have their salaries frozen until the end of 2015.

13th salaries in the public sector will also be axed.

In an effort to increase state revenues, the document outlines a series of tax hikes on property, alcohol, tobacco, and petrol. A one per cent increase on VAT to 18 per cent is also likely.

In addition, the Troika is also looking for continued efforts for fiscal consolidation, reducing the island’s deficit to 4 per cent of GDP in 2012 and to 2.5 per cent in 2013 and beyond by reducing the growth in spending on social services and state payroll.

In the leaked document the troika emphasises the need to improve tax collection, the administration of the public sector and the rationalization of the social benefits system.

Although Cyprus has asked Russia for a further €5 billion, Russia’s Finance Minister Anton Siluanov has said that a loan agreement with Cyprus was unlikely to happen in the near future.

Construction sector continues to deteriorate

THE CYPRUS construction sector continued to decline in June with the number building permits issued during the month standing at 557 compared with the 696 issued in June last year; a decrease of 20%, according to the latest figures released by the Cyprus Statistical Service.

Compared with June 2011 the total area of these building permits fell from 173,957 square metres to 124,830 square metres (-28%) and their value fell from €163 million to €136 million (-17%).

During May, building permits were issued for:

  • Residential buildings – 352 permits
  • Non-residential buildings – 100 permits
  • Civil engineering projects – 74 permits
  • Division of plots of land – 26 permits
  • Road construction – 5 permit

During the first half of 2012, 3,671 building permits were issued; a decrease of 21% compared to the 4,619 permits issued during the same period last year. Their total value fell from €1.082 million to €777,712 (-28%) and their total area fell from 1,168,184 square metres to 782,418 square metres (-33%).

New home construction

The 352 residential building permits that were approved in May provided for the construction of 523 new homes comprising 227 single houses and 296 multiple housing units (such as apartments and other residential complexes).

This is a fall of 21% compared with June 2011 when building permits were issued for the construction of 662 new homes.

New home contruction in Cyprus - June 2012
Source: Cyprus Statistical Service

During the first half of 2012, the number of new homes for which permits have been issued has dropped 39.4% compared with the first half of last year. Their total value fell from €797.7 million to €552.6 million (-31%) and their total area fell from 900,227 square metres to 595,354 square metres (-34%).

According to the Cyprus Statistical Service, building permits constitute a leading indicator of future activity in the construction sector.

Meanwhile, Eurostat figures released last Friday show that the construction sector’s contribution to the island’s GDP  shrank by €54 million (-19.7%) on an annual basis in the second quarter of 2012.

Be honest and get on with it

Celtic tiger
IF CYPRUS is going to get out of the current economic crisis then it needs to be honest about the scale of the problem and simply “get on with it”, said Irish minister Lucinda Creighton whose country has received an €85 billion bailout.

The Irish Minister of State for European Affairs was in Cyprus this week to attend the informal ministers meeting on the EU’s long-term budget.

The Sunday Mail caught up with the young, straight-talking and on-the-ball Creighton in between negotiations and lunch to hear her views on how Ireland went from poverty to boom to bust (and bailout), and now slowly back to self-sufficiency.

Asked what caused the crisis in Ireland, she said: “In a nutshell, the property bubble fuelled by an unregulated, irresponsible banking sector. Obviously government policy contributed to that but the nub of the issue is we had an enormous property crash which brought the whole economy crashing down with it.”

Between 1995 and 2007, Ireland experienced extraordinary economic growth, making the ‘Celtic Tiger’ the poster child of the EU. In the summer of 2008, it officially entered into recession. In 2010, Ireland received €85 billion in the form of a bailout loan from the troika (European Central Bank, International Monetary Fund and European Commission) and through bilateral loans from Britain, Sweden and Denmark.

Two years later, unemployment is near 15 per cent but the economic indicators are starting to look positive. More importantly, Ireland has slowly regained the trust of the world and markets, even raising cash in July by tapping into short-term bond options. The aim is to get out of the bailout mechanism within 2013.

“The economy is basically growing once again. We’ve effectively emerged from recession. The economy grew by over 1.0 per cent last year, so by and large it’s a good news story, though that’s not in any way to take away from the huge sacrifices that the Irish people have had to make,” said Creighton.

The Irish experience has plenty that Cyprus can learn from. Both countries are islands with relatively small populations. Both have a historic enmity towards former colonial master Britain, though the British bailout loan to Ireland and Queen Elizabeth’s first-ever visit to the Irish Republic last year did much to bury that hostility.

Both experienced a period of enviable economic growth fuelled mainly by a property bubble followed by recession and soaring unemployment. Both applied for a bailout when the money dried up after international markets closed the tap on reasonable lending rates.

The similarities end there.

Once coming to terms with the crisis, Ireland took swift and hard measures to beat it, resulting in today’s more positive outlook. “It took a bit of time for the government to really come to terms with the scale of the crisis,” said Creighton.

“The first budget of 2009 ignored the crisis and ignored the need for fiscal consolidation but as the year progressed it became apparent there was a huge gaping hole in the public finances and so there was an emergency budget later in 2009. So, we’ve had three and a half years now of consolidation,” said the minister, predicting another three years of belt-tightening.

Ireland implemented a whole range of measures to curb the “huge amount of excessive spending in the public sector”.

“Our civil service grew at a rate of knots during the Celtic Tiger period. The government kept spending and spending, increasing bureaucracy, increasing quangos (quasi-autonomous non-governmental organisation). So, a lot of that was very easy to cut to be honest, because there was a lot of low-hanging fruit, a lot of fat in the system that needed to be trimmed,” she said.

The Irish minister said public sector salaries were a starting point for the fruit-cutters, noting that reductions in spending were implemented right across all public services.

“Nothing was excluded really apart perhaps from our social welfare payments which by and large still have been protected.”

Public servants salaries saw an average cut of 14 per cent while a voluntary redundancy scheme introduced last year has made way for 26,000 job cuts.

“So far, we’ve had no forced redundancies in the public sector and hopefully that will be maintained,” she said.

The push for major reforms and efficiencies in the public sector (belt-tightening, early retirements, salary cuts) was decided in an agreement between the government and social partners in 2010.

That deal has been honoured in full by the government but will be up for review in 2013, noted Creighton.

“That’s how the measures began really, but as you move from one budget to another the decisions get tougher, as there’s less and less of the easy options in terms of cuts to be made,” she said.

According to Creighton, lower and middle-income workers have been hit the hardest by the crisis.

“They’re the people who have really paid the price of the crisis. In the private sector particularly, they lost their jobs. Huge numbers of people lost their main source of income, or if they didn’t lose their jobs, they took significant pay cuts, up to 35-40 per cent in certain sectors.

“Of course that then has a major impact on mortgage repayments. We have a major problem now with mortgage arrears in Ireland where families just can’t meet their mortgage payments. That’s one of the biggest challenges facing the government.”

Acknowledging that Ireland is still living in very difficult circumstances, Creighton argued that the measures have clearly paid off, providing more rationality to spending while restoring Ireland’s credibility.

“We were living beyond our means. Towards the end of the Celtic Tiger era, one in every four euros received by the exchequer was coming from the property sector so it was a complete fantasy.

When that collapsed, we found that in effect we were spending far more than we could afford. So, we’ve had to cut our cloth, and I think that that has been very effective, and worked very well,” she said, adding that in general the Irish public has supported the government’s measures.

“The other thing is that the measures have very much restored Ireland’s credibility on the international stage. Nobody’s questioning whether Ireland’s going to meet its targets under the troika programme or whether Ireland is a safe place to invest.

“We’ve stabilised our banking sector and economy. We’re not haemorrhaging jobs any longer. Our unemployment rate is still unacceptably high but the attrition rate has really stopped,” she said.

At the same time though, aren’t the future generations laden with an insurmountable public debt?

“Absolutely, the debt levels are unacceptable. It’s very difficult for a country to grow when it’s saddled with debt in excess of 120 per cent of GDP. That’s why we’re negotiating at an EU level to sever the link between sovereign debt and banking debt… That’s our goal. And for Ireland to really rebound, that’s going to be hugely important.”

Creighton’s account of Ireland’s response to the troika’s arrival differs sharply with Cyprus’ own experience of the trio of international money lenders, due back on the island this month for further negotiations.

“Initially, when the troika arrived in Ireland we had been in a very tragic political meltdown for about 18 months. We had a government that had lost all authority, all confidence, and so when the troika arrived in Dublin, it was almost like a sense of relief amongst the public. And people were delighted that someone was coming to try to sort out the mess that we were in,” she said.

“Of course that very quickly turned into resentment and so on. Still in Ireland, by and large, the troika are not popular, but they are not despised. People understand we need the money and we need the cooperation to get out of the mess we’re in.”

Perhaps music to some ears in Cyprus, the European affairs minister said Ireland found the troika to be “extremely flexible and extremely willing to assist countries”.

She explained of the bailout mechanism: “It’s not a punishment process, it’s trying to make sure that countries like Ireland and Cyprus can grow their economies, be competitive and emerge from recession.”

Creighton pointed to the fact that Ireland successfully defended its position on its low corporate tax rate, insisting it was a fundamental part of Ireland’s investment strategy, industrial policy and export strategy. “And we have been proven right because Ireland has emerged from recession,” she said.

It couldn’t have happened at a better time.

The positive indicators come at a time when the public is starting to get weary of cutbacks and fiscal consolidation.

“Understandably, people want to see light at the end of the tunnel,” said the minister, pointing to Ireland’s recent successful bond options.

“So we are on the path to emerging from our bailout programme, to being able to borrow from the markets again, to fund ourselves and stand on our own two feet in an economic sense. I think that’s very important for the Irish people.

Asked why Ireland did not see the kind of social unrest witnessed on the streets of Athens, Creighton said there was “real political consensus across the board” for fiscal consolidation.

In terms of the public’s response, she referred to an Irish sense of realism and pragmatism.

“People knew, and we all felt that what was happening in Ireland was not sustainable, that the last few years of the Celtic Tiger was a little bit of a surreal experience. There was a bit of a coming back down to earth.

“So people just said OK, let’s get on with it. Let’s pick ourselves up, let’s move forward. We’ve been through worse times. Ireland after we gained independence was a destitute, impoverished place, the poorest country in Europe. We’ve been there before. This is nothing like that. We can just move forward. And we have support from our European institutions, support from our European partners, we just need to get on with it.”

What can Cyprus learn from Ireland?

“To get on with it, to be resolute and to be honest about the scale of the crisis.”

Creighton said Ireland made the mistake of not insisting on full transparency from the banks and learning the full scale of the banking crisis from the start.

Instead of dealing with the problem in the first round, the banks ended up needing a number of bailouts.

“I think that’s a very important lesson: that every other country, Spain, Cyprus, should try to avoid the mistake we made,” she said.

Property sales down 40 per cent

REPORTS of an influx of Chinese buyers helping to rejuvenate Cyprus’ beleaguered property market appear to be somewhat ‘enthusiastic’ as property sales last month hit a new record low.

During August a total of 316 contracts for the purchase of property were deposited at Land Registry offices across the island compared with 527 in August last year; a year-on-year fall of 40 per cent.

Of those 316 contracts, 73% (232) were in favour of Cypriot buyers and 27% (84) were in favour of overseas buyers.

Domestic property sales

Overall 196 fewer properties were sold in August compared with the corresponding month last year; a fall of 46%.

Limassol was hardest hit with 103 fewer properties being sold (-63%). In Nicosia sales fell by 54 (-56%), in Famagusta sales were down by 19 (-43%), in Paphos they fell by 15 (-20%) and in Larnaca they fell by 5 (-10%).

In the first eight months of 2012 sales to the domestic market stood at 3,481 compared with 3,512 in the same period last year; a decrease of 31 (-1%).

Domestic sales are now at their lowest level since records began in 2000.

Cyprus property sales (domestic market) - August 2012
Source: Department of Lands and Surveys

Overseas property sales

Overall sales in August were down by 15 (-15%) compared with the corresponding month last year and are continuing to decline; some areas of the island fared better than others.

On the positive side, 4 more properties were sold in Famagusta; an increase of 36% – and 5 more properties were sold in Limassol; an increase of 28% compared to last year.

On the negative side, 8 fewer properties were sold in Nicosia (-57%), 12 fewer in Larnaca (41%) and 4 fewer in Paphos (-15%) compared with August last year.

During the first eight months of 2012, sales of property to the overseas market stood at 953 compared with 1,197 sales during the first eight months of last year; a fall of 244 (-20%).

Cyprus property sales (overseas market) - August 2012
Source: Department of Lands and Surveys

A Place in The Sun Live

A final reminder to get your free ticket to the A Place In The Sun Live overseas property exhibition at NEC Birmingham between 28th – 30th September where advice on buying property in Cyprus and many other destinations will be given.