Advice on Builder Problems

I purchased a property in Altinkum through a Real Estate agent and gave them Power of attorney.

I was told by the agent that the builder had completed the work and to send the final balance to the builder, which I did.

When I arrived at the property a few months later to collect my Tapu the property was not finished and the agent cannot get hold of the builder to complete the work.

The agent no longer wants to deal with me and so now I have been left with no water connection and lots of finishing to be done on the property which I have paid for already.

Can anyone tell give me any advice of what steps to take next or have been through a situation like mine.

What I don't understand is that if you give power of attorney to an agent why can't they be responible for getting the work done.

I did speak to a solicitor but I was told it is £100 per telephone call and really it is not worth doing becuase the builder can disapear.

Any advice would be very appreciated.

Dear Carol,

I am not really clear about the content of the power of attorney and the principal agreement between you and the builder. Firstly, we should focus on the agreement in regard to building a house (or whatever it is). What clauses does it have in connection with the "final condition" of the property? You might have signed such a contract that did actually not offer you a property with all those installations (only, as a consideration). I believe, but not sure, that the contract binds the builder with those installations and etc. So does, you may have two options; send a notice to your agent just to have the builder finished the rest of the work. Do not forget that your agent is responsible against you with the obligation of "due diligence." They can not avoid to deal with you.
The second option is that you pay for the installations and other works to be done, and then commence a lawsuit against both your agent and the builder.
I would give you more detailed and further information if you discuss it more.
All the best.

Ahmet Sirvan KILIC
Attorney at Law
Istanbul Bar

Thankyou for your reply.

If I send my contract over to you would it be possible for you to look at it and advice me further on Costs etc.

Your help would be very much appreciated

Carol,

I stronlgy advice you contact a local lawyer individually e.g. the one who answered your concern. This is the best way to handle your problem, efficiently and quickly. Unfortunately such situations are not rare in Turkey and caution is a must. Please ask for your rights without wasting more time and money through an english speaking lawyer in Turkey for to avoid missunderstandings and mal-intentions.

All the best

How do I find a Solicitor that can tell me my true rights ?

It is very difficult to know who to trust now and I really liked Ahmet's Advice it sounds like what I was hoping.

Do you know how to Contact Ahmet ?

I am in Turkey in a few weeks and would really like to know what to do. If I take my Contract and all the details to the Government Building when I connect my water will they help me there ?

Carol,

I do not know Ahmet and unfortunately I am out of Turkey at the moment. I hope Ahmet follows this conversation and answers you through this website and give his details for you to contact him. In case he will not be able to do so, I will do my best to advice one of my colleagues to assist you. I think a local lawyer or one in the area of your property would be best so to avoid unnecessary travel and similar costs. 100 Pounds for a an advice via phone is too much believe me.

Greetings

Dear Carol, I really sorry that I forgot to trace your reply over mine. I must inform you that according to the PROHIBITION OF PUBLICITY REGULATIONS OF THE UNION OF BAR ASSOCIATIONS OF TURKEY, Article 2:

"Those -namely, Attorneys at Law- covered by these Regulations are under the obligation to refrain from all kinds of undertakings and activities intended solely to gain reputation, not to be engaged in any undertakings and activities that could be interpreted as publicity to offer their services, not to allow such activities and conduct of third parties that could be interpreted as publicity, and to take the necessary precautions in order to prevent such conduct."

Therefore, I cannot offer you my services since it may amount to breach of the regulation above. However, you can find the details of all attorneys in Turkiye at the website of the Union of Bar Associations of Turkiye (www.barobirlik.org.tr). If you know an attorney who might be advised to you, you can find him/her by using 'Attorney Search' at the website. The English pages are still under construction; so, find the "Avukat Arama" title at the top right of the main page. In the new window, you will see search criterions that are search by his/her Bar (Barosu -the name of the city-), by name (Adi) , by surname (Soyadi) or by registration number (Sicil No)... Fill one of them and search (Ara).

You can also follow the same procedure at the website of Istanbul Bar (www.istanbulbarosu.org.tr). Find the "Baro Levhasi", choose your criterion (Kriter Seciniz) that may be by his/her name (adina gore), surname (soyadina gore), registration number (sicil numarasina gore); fill in the blank (Aranacak Kelime) at below with name/surname or reg number and click on "Ara".

Each Bar of Turkiye should have an attorney search engine at their websites. You could do the same things at other websites.

I hope this method helps you and puts everyting in a right way.

Regards,

Ahmet Şirvan KILIÇ
Attorney at Law
Istanbul Bar

I would be really grateful if Dalina Gjunkshi could enlighten us how she reached the conclusion that 100 pounds for an advice on the telephone was too much, as raised in her message of 14.07.2006. Since she finished her words with "believe me" I wonder the reasons that may lead us to believe her.

Dear I.C.H.,

The title of this thread is really not relevant with the question you asked to Dalina. Your discussion would be very beneficial in other forums -Dalina knows Turkish-. I wrote this because no good in discussing money affairs in this forum -especially against foreigners-. You may discuss it under a new title, may be?

Regards,

Ahmet Sirvan KILIC
Attorney at Law,
Istanbul Bar

Dear Ahmet Bey,
I understand your concern. However, Dalina is the person who raised the fee issue in this forum, which was read by many foreigners. Therefore, in my opinion, the issue should be clarified here rather than any other forum.
Best regards. I.C.H

REMINDER
We are anxious to hear from Dalina Gjunkshi regarding how she reached the conclusion that 100 pounds for an advice on the telephone was too much, as raised in her message of 14.07.2006. Since she finished her words with "believe me" I wonder the reasons that may lead us to believe her.

Alıntı: Yazan Ahmet Sirvan Dear Carol, I really sorry that I forgot to trace your reply over mine. I must inform you that according to the PROHIBITION OF PUBLICITY REGULATIONS OF THE UNION OF BAR ASSOCIATIONS OF TURKEY, Article 2: "Those -namely, Attorneys at Law- covered by these Regulations are under the obligation to refrain from all kinds of undertakings and activities intended solely to gain reputation, not to be engaged in any undertakings and activities that could be interpreted as publicity to offer their services, not to allow such activities and conduct of third parties that could be interpreted as publicity, and to take the necessary precautions in order to prevent such conduct." Therefore, I cannot offer you my services since it may amount to breach of the regulation above. However, you can find the details of all attorneys in Turkiye at the website of the Union of Bar Associations of Turkiye (www.barobirlik.org.tr). If you know an attorney who might be advised to you, you can find him/her by using 'Attorney Search' at the website. The English pages are still under construction; so, find the "Avukat Arama" title at the top right of the main page. In the new window, you will see search criterions that are search by his/her Bar (Barosu -the name of the city-), by name (Adi) , by surname (Soyadi) or by registration number (Sicil No)... Fill one of them and search (Ara). You can also follow the same procedure at the website of Istanbul Bar (www.istanbulbarosu.org.tr). Find the "Baro Levhasi", choose your criterion (Kriter Seciniz) that may be by his/her name (adina gore), surname (soyadina gore), registration number (sicil numarasina gore); fill in the blank (Aranacak Kelime) at below with name/surname or reg number and click on "Ara". Each Bar of Turkiye should have an attorney search engine at their websites. You could do the same things at other websites. I hope this method helps you and puts everyting in a right way. Regards, Ahmet Şirvan KILIÇ Attorney at Law Istanbul Bar

Dear Ahmet,

I do not know whether it is prohibited in this forum, but best thing is to give your mobile number to Carol directly, in writing. Am I wrong dear forum Director?