Homebuyers Beware!

Friday, September 11, 2009
By John Pattison

We had an email from John Pattison saying, “Something for your web site that may link me with other buyers of the same development:

“Not a new case, just another victim of Uz Bay Investments (Alpan Uz & Mustafa Baykan) handled badly by Unwin Estates.

Site Ref:  Alpan Uz & Mustafa Baykan – Develi, Esentepe
Koçan (Registration) Nos: 15442
Plot Nos: 252/13/2 and 252/14
Sheet plan number: X111.15.E2

Out of 21 plots 19 were actually started which tells me the original intention was to fulfil the contracts the company entered into. However, 4 years on, with 19 properties partially built and 2 remaining as virgin ground, in a strange way I feel quite lucky that I’ve only paid one stage payment for my untouched plot whereas others have made 2 or 3 payments and still have very little to show for their money.

At first sight, the 3 bed villas with pool in Esentepe seemed like a great idea 4 years ago but due to a dispute between the partners Alpan Uz and Mustafa Baykan in Uz Bay Investments we all stand to lose our money. Buyers paid money to Unwin Estates but allegedly that money was paid only to Alpan Uz and nothing went to Mustafa Baykan. This is what I understand to have caused Mustafa Baykan to take legal action against his partner Alpan Uz and what caused progress on the development to halt indefinitely.

Unwin Estates hasn’t responded to my enquiries, Alpan Uz has answered my numerous phone calls only twice in a year and I have never had any contact details for Mustafa Baykan until recently when I met other buyers on the site.

I now have had a lot of information concerning the site directly from Mustafa Baykan and from other buyers even if Alpan Uz and Mark Unwin continue to ignore my requests for information. I have been told that Alpan Uz has moved all his assets into his mother’s name to avoid claims against him although he allegedly continues to spend heavily on building his own new villa. He is rumoured to have spent £100,000 on marble tiles following a big spend of ornate windows. If this is true, it doesn’t sound fair that someone with a debt to 21 customers and who is unlikely to finish the villas he is contracted to build, should be spending so much money on his own property whilst apparently leaving his customers out of pocket by something in the region of £ 950,000.

Contractually the buyers are entitled to £500/month compensation after 3 months delay and this equates to £ 346,500. In theory this would reduce the price of each villa by about 18% if there was any chance enforcing this. If Mustafa Baykan wins the case against Alpan Uz he is quoted as saying he wants to increase the price regardless of the contract that binds him to finish at the stated price.

Apparently Mark Unwin isn’t entirely blameless in all this. He is alleged to have invoiced a buyer (maybe more than one) for the 2nd and 3rd stage payment before the property was even at that stage and then subsequently didn’t forward that money to the development Uz Bay Investments or personally to Mustafa Baykan or Alpan Uz. In any other country that would count as fraud and I’m sure that buyers will consider his actions as amounting to as much.

Some buyers have placed a court injunction on their plot because they cannot put an injunction on plots subjected to other contracts. Injunctions are helpful in making sure Alpan Uz or even Mustafa Baykan cannot sell them again but they are limited to a time period so need to be renewed indefinitely if they are to be affective.

If all 21 buyers joined forces and put an injunction on the entire site we are protected but still haven’t got our villas. I’ve propose that we go ahead with a joint injunction but also the buyers bring this to court in an attempt to seize the land we’ve jointly already paid for. If successful we’ll continue with another builder under my project management or that of an elected group of buyers with relevant skills.

If that isn’t possible under local law the only way of recovering money is not by throwing more money at the ineffective legal system but by using debt collectors. Legal or not it would be able to recovery money disguised as mother’s assets whereas as a legal claim may or may not win but either way we wouldn’t be paid because Alpan has no assets of his own. Mustafa also has no other assets but as of this time he legally owns the land out money is attached to. The first court battle between the partners went in favour of Mustafa and he was awarded his land back.

For any buyers of these properties that want to contact me use info@johnpattison.co.uk Or call me on +971 55 942 4433″

John Pattison
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