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Police investigate land fraud

Scam IconLIMASSOL police have launched a second investigation into a 50-year-old man awaiting trial on charges of fraud, after a 63-year-old pensioner reported he had been swindled out of €5.5 million by the same Limassol contractor.

When Louis Sideras, a repatriated British Cypriot, heard that Andreas Sophocleous was awaiting trial on charges of obtaining money under false pretences, he informed police that he too was a victim of alleged fraud. He accused the 50-year-old of scamming him out of €5.5m.

According to Sideras, the 50-year-old acted as a go-between for Turkish Cypriots living in Australia, Canada and the Netherlands, offering to sell him plots of their land in the Limassol district between June and September of last year.

The pensioner claimed that Sophocleous had presented him with fake documents showing he had power of attorney and title deeds for Turkish Cypriot properties in Polemidia, Zygi, Paramythas, Mesa Yitonias, Pentakomou and Mari with the intention of selling them to him.

Sideras gave over five million euros for the properties, only to find that some of them did not exist. He was alerted to the alleged scam after hearing that Sophocleous was currently in Nicosia Central Prisons, awaiting trial for the charge of obtaining money under false pretences.

According to state broadcaster, CyBC, Sophocleous was arrested last month along with two relatives after a Land Registry official charged him with fraudulently extracting from him over €200,000 for the purchase of Turkish Cypriot properties. His trial date is set for February 22.

Copyright © Cyprus Mail 2008

Developers charged over assault

Scam AlertTHE TWO Paralimni property developers at the centre of a police investigation involving an alleged assault on a British home buyer have been charged with bodily harm and malicious damage to personal property, police said yesterday.

Ayia Napa police chief George Economou said the father and son were charged “a few days ago“.

They were charged with bodily harm and with causing malicious damage to his camera,” said Economou.

The Ayia Napa police chief could not say when the case would reach the courts. “That’s not up to us,” he said. “It’s up to the courts“.

Economou said it could take anything from a month to two months or longer.

The two men were arrested last month and remanded for four days by the Paralimni court for the alleged assault on British buyer Conor O’Dwyer, but then released without charge while police continued their investigations.

These culminated in the charges that have now been filed.

O’Dwyer, 38, spent a week in Larnaca hospital last month after he was beaten up in Frenaros when he went to take pictures of a house he had bought and over which he later came into dispute with the developers. He said they unilaterally cancelled his contract and kept his money, some £75,000 sterling, because he had pulled them up over what he saw as a violation of the terms of the contract. The case is pending at court.

Conor O’Dwyer’s black eye

O’Dwyer has widely publicised the details of his dispute with the developers on YouTube and on the website lyingbuilder.com.

In a public statement recently, the developers accused O’Dwyer of allegedly masterminding a plan to extort a newer, more expensive property, and exorbitant damages from the company.

But the company had “failed to adhere to his blackmail requests“.

O’Dwyer says he attempted several times to make the payment because he decided to keep the house despite the differences between the original plan and the reality, but the developers refused to take the due payment, deciding, O’ Dwyer said, that he was giving them too much hassle over the terms of the contract.

They in turn accused him of violating the terms of the contract and said in a letter posted on O’Dwyer’s website that they would be keeping all money paid so far for damages.

By Jean Christou

Copyright © Cyprus Mail 2008

Is your lawyer working for you?

People buying property in Cyprus often make the fundamental mistake of not taking independent legal advice.

Many choose to use the ‘free’ legal services offered by the developer. Others use a lawyer who’s been introduced or recommended to them by the developer or the real estate agent acting on the developer’s behalf (unaware that estate agent is in partnership with the developer and has financial interests in the development being sold).

There is an extremely high probability that any lawyer recommended by a property developer or one of their agents, may be the developers own lawyer. Obviously, such a lawyer cannot provide independent legal advice because he cannot have the interests of buyers at heart.

My number one piece of advice to anyone buying property in Cyprus is to ensure they take independent legal advice; steer well clear of using the developer’s lawyer or their ‘free’ legal services.

The British High Commission in Nicosia has recently revised its list of lawyers who are able to offer advice in English and has kindly allowed me to publish it.

You will find the High Commission’s list in my Download area of my website (along with other useful information provided by the High Commission).

“Pump and Dump” Schemes

Traditionally, “pump and dump” schemes involve the promotion of company shares through false and misleading statements to the marketplace. After pumping the shares, fraudsters make huge profits by selling their cheap shares into the market.

Often these fraudsters will claim to have “secret” or “insider” information about an impending development or to use an “infallible” combination of economic and stock market data to pick shares.

In reality, they may be company insiders or paid promoters who stand to gain by selling their shares after the stock price is “pumped” up by the buying frenzy they create.

A pump-and-dump scheme can be summarised as buy, lie and sell high.

How does a Pump and Dump scheme work for property?

It’s simple; here are some examples:

Overseas property marketing companies have bought complete developments off-plan. They are offering them for sale to their clients telling them they are ‘fantastic‘ ‘once in a lifetime investment opportunities‘ being offered at a ‘substantial discounts‘.

Clients have bought multiple properties in the development and now, five years later, they find they cannot sell them – even at the price they bought them. Did the property marketing company pump and dump them?

A Registered Real Estate agent in Cyprus, acting on behalf of a property developer, guaranteed that investors:

“only have to invest 30% of the selling price, then the property is put back on the market before the next 60% is due and the property is sold at retail price.”

Unfortunately, investors found that the properties they’d could not be sold at retail price as guaranteed by the estate agent and had to either borrow money to meet their contractual obligations or risk being taken to Court.

In this case the Registered Estate Agent appears to have acted as a paid promoter who stood to gain by selling properties on behalf of the developer. They “pumped” up clients into a buying frenzy by making unrealistic ‘promises’ about the performance of their property investments.

So do take care if you’re planning to invest in the Cyprus property market. Do not believe the marketing hype, do your own independent research and visit the island to see what’s available and what you can get for your money. For obvious reasons, don’t fly over on a ‘free’ inspection visit, travel independently.

Finally, don’t forget that if a deal sounds too good to be true, it probably is!

30% rental returns guaranteed!

Scam AlertI’ve seen many exaggerated claims made by overseas property marketing companies. They talk about the ever-growing number of British tourists visiting Cyprus and offer ‘guaranteed’ rental yields of 30% or more on buy-to-let holiday homes and apartments.

Unfortunately, many people have been duped into believing this marketing hype and have ended up buying property in Cyprus that is both un-rentable and unsaleable.

According to the Cyprus Statistical Service, the number of British Tourists arriving in Cyprus has been in decline for a number of years. In 2001, 1.49 million Brits visited the island, but by 2007 their numbers had dropped to 1.28 million. Over the same period, the number of properties has increased by nearly 86,000.

The fact of the matter is that there are just too many holiday homes available for the number of Brits looking to rent them.

So what sort of rental yields can you expect?

The influential ‘Global Property Guide‘ recently published the results of its survey into rental yields. Currently, their survey covers Paphos, Larnaca and Limassol.

As you will see from their charts presented below, guarantees of rental yields of 30% per annum are completely worthless!

Larnaca Rental Yields

Source: Global Property Guide

Limassol Rental Yields

Source: Global Property Guide

Paphos Rental Yields

Source: Global Property Guide

If you’re planning to rent to holiday makers, you should apply to the CTO for a licence (but I understand you will not get a licence if you have less that 5 properties). You can get around this issue by using a Cyprus registered holiday letting agency.

Contracts for Limassol marina signed

Cyprus Trade, Industry and Tourism Minister Antonis Michaelides signed the contracts for the construction of a marina in Limassol worth 170 million euro.

The marina, which will be constructed with the method of Build-Operate-Transfer (BOT) in three years, will have a capacity of 1,000 yachts in and out of water.

Speaking during the signing ceremony, Michaelides said