Find a good and reputable lawyer – how do I do that?

When buying a property in Cyprus you’ll want to make sure that the contract of sale protects you, your money and your future property. It’s an absolute necessity to ensure you acquire an independent and legally registered solicitor – but this may not be as easy as one would think!

The first problem you may encounter is that, once you have decided on a property, the developer or estate agent may offer to take you to a solicitor that will handle the legal aspects of the purchase – and it’s often the same solicitor that represents the estate agent or developer or one of a few that the agents send all their clients to.

This is a serious conflict of interest. In the UK, you would never buy a property from an agent and then ask THEIR solicitor to draw up your contract, would you? You need to ensure that the solicitor is utterly independent of the vendors and that the contract protects you.

In Cyprus it’s illegal for solicitors to advertise their services thus they rely heavily on word-of-mouth and property agent recommendations. And what makes matters worse is that Cyprus is quite a small place. If you find a solicitor on your own, chances are they’re affiliated to your developer or agent anyway! Some ex-pat organisations have recommended that Brits choose a solicitor outside the area of purchase. By doing so, you’ll have more chance that your legal representative will do the right thing rather than bow to the needs and pressure of local developers. Two suggestions here:

Ask your solicitor for references, people you can speak to who will reassure you of your solicitor’s integrity and competence Google the solicitor’s name to discover any bad reports – the result may surprise you!

Bear in mind that you have the right to ask your solicitor to insert any clause that you deem reasonable. In the UK, it is standard practice for your solicitor to work for your protection, but in Cyprus, if you don’t ask, you don’t get. The developer/agent may or may not be happy with your requests, but it is your right to ask for what you want. Consider the following suggestions:

Ensure that there is a hefty penalty charge for every month the property is late, in other words protection against late delivery

Make sure that you can get your money back immediately if there is a situation where building permission is not granted

Make sure that you can sell the property at any time

Dictate that the developer insures the property against fire, earthquake and any foreseeable risk during the build

Make sure that stage payments are linked to stages of completion and are verified by a professional surveyor or architect. They should not be set to arbitrary dates

Make sure that you can withhold an amount on completion until you are satisfied that all has been completed to your satisfaction
 
There is no foolproof way to find an ‘independent’ solicitor in Cyprus, however I truly believe that there are actions you can take to protect yourself. Never believe anything anyone says – do your own homework and your own fact-finding. Just because most lawyers in the UK have a high level of standards and ethics, don’t assume that it’s the same in Cyprus.

Finally, go with your gut feeling - if you don’t like or trust someone, don’t be afraid to walk away. You are NOT making a new best friend but getting into a very costly business deal and you need to trust the person in charge of the legalities of your purchase.