Brutal beating in Paralimni

A BRITISH property buyer was hospitalised for two days on Monday after allegedly being badly beaten by the developers with whom he is in dispute, his lawyer said yesterday.

Conor O’Dwyer, 38, who has widely publicised his case on youtube and on the website lyingbuilder.com, was kicked in the kidneys and had his head stomped on, according to his lawyer Yiannos Georgiades.

O’Dwyer had already pressed charges over another alleged beating by the father and son developers in March 2006 while fighting his ongoing property case at court. They were later charged over the assault.

According to Georgiades, on Monday at around 11am O’Dwyer went to the disputed property in the Famagusta district to take pictures of changes to the area around the house to produce as evidence in the land wrangle.

“He thought the photos might prove important later,” said Georgiades.

Upon his arrival, the woman to whom the developers re-sold the house after unilaterally cancelling O’Dwyer’s contract and keeping £75,000 of his money, allegedly “made a phone call” and two men appeared shortly afterwards that O’Dwyer identified as the developers.

“Conor was forced out of his car. One stepped on his head and the other kicked him in the kidneys,” said Georgiades, adding that they also took his camera.

“He was bleeding and there was a crowd of mostly women screaming and shouting for them to stop. He was crying out for help and no one helped him.”

Georgiades said someone eventually called 112 and police showed up with an ambulance. A British woman also took pictures of what was going on, he said.

O’Dwyer was taken to Paralimni hospital and from there sent to Larnaca.

“He has head injuries, external bruising, internal pain in the kidney region and he is badly shaken,” said Georgiades.

Doctors decided to keep him in until today to run tests and X-rays.

Georgiades said he had spoken to police about the incident. “They said they were investigating the ‘accident’,” said Georgiades. “I told them it wasn’t an accident. They didn’t arrest anyone but they did take statements.”

Georgiades said he spoke yesterday with a senior officer at Famagusta CID who said they were dealing with the case. O’Dwyer gave a statement to police yesterday afternoon from his hospital bed.

Cyprus Mail January 16, 2008
Cyprus Mail January 16, 2008

The senior officer dealing with the case, George Economou, told the Cyprus Mail yesterday police would take statements from all concerned and decide if there was a case to press charges.

“Conor is just giving his statement now,” said Economou. Asked if there would be any arrests, he said he would know more today. “It depends on the investigation,” he said.

Georgiades said he has also informed the British High Commission.

With regard to the previous assault case against the developers, Georgiades said the charges had been dropped by the Attorney-general ostensibly because O’Dwyer had not shown up for a hearing.

But the lawyer said when the last hearing was due, O’Dwyer, who lives in the UK, had been told by prosecutors not to bother coming to Cyprus because the hearing would likely be adjourned.

“He didn’t come and on the day of the court case, the prosecutor said the judge wouldn’t give an adjournment so the proceedings against the two men would be stayed”.

O’Dwyer is now entering the third year of his property saga.

He and his wife were going to buy a house on a development in Frenaros village. However when they viewed the construction area when the project was coming along, they realised the surrounding homes were not those specified in the original plan.

This would have resulted in a total lack of privacy as two balconies on other properties would have been looking into their garden. O’Dwyer has said the reason they had chosen the site in the first place was for the privacy that was promised.

After several run-ins with the developers over the changes to the surrounding area, and although the house is registered to them at the Land Registry given they had paid for most of it, the O’Dwyers subsequently discovered that the developers had sold it to another British family, who now reside there. The O’Dwyers have not received their money back.

When O’Dwyer launched his story on youtube video, backed up by documents and taped conversations with the developers and their lawyers, Interior Minister Christos Patsalides ordered an investigation in August last year, but no results have been forthcoming.

By Jean Christou
(archive article – Wednesday, January 16, 2008)
Copyright © Cyprus Mail 2008

Property scandal set to rock Cyprus market to the core

A scandal involving a leading property developer in Cyprus may have the potential to shake to the core the credibility of the holiday homes market on the island, following allegations supported by video evidence, contracts and audio evidence that a property developer in Paralimini sold a plot of land to Conor O’Dwyer in 2005 for £163,000 and then resold a house designed for Conor O’Dwyer’s family to another buyer Michelle McDonald, without the knowledge of O’Dwyer.

The plot thickens with the apparent collusion of local law firms in Paralimini who according to O’Dwyer have conspired to cover up the fraud.

This has inspired Conor O’Dwyer to setup a website www.lyingbuilder.com which is his own crusade to expose what he sees is the injustice and illegality of the whole situation.

The Cypriot market is already experiencing turbulent times, with the storm clouds already on the horizon with major developments experiencing problems selling units. Such scandals which are now making the headlines in the UK will severely undermine property sales in Cyprus.

News organisations in Cyprus and the UK have been monitoring the story looking at the way in which British buyers like Conor O’Dwyer who in good faith purchase land from developers like Karayiannas are allegedly defrauded, in the belief that they own the property. But in fact the developer resells to another buyer.

Other examples are now surfacing of Brits buying from Cypriot developers and are either finding the property is not built to standard or the title deeds are not given.

London Greek News has posted the various videos by Conor O’Dwyer, who has made several allegations with court cases pending in the Cypriot legal process. We will post news as and when they appear.

The London Greek News

Ministers orders probe into development scam claims

INTERIOR Minister Christos Patsalides yesterday ordered an investigation into allegations made on a youtube video by a British home buyer that a Cypriot developer had sold his off-plan house to someone else and kept his money.

After launching the lyingbuilder.com website to highlight his case, Cornelius O’Dwyer, 37, brought his fight against the developer to youtube, where he detailed his two-year plight on a video blog in five parts.

“We were to buy a four bedroom detached house from them. Unfortunately they misrepresented our site so as to induce us into the contract, then they unlawfully terminated that contract and have kept all our money without delivering us the house,” O’Dwyer said on his website.

He was referring to a house he and his wife were going to buy on a development in Frenaros. However, when they viewed the construction area when the project was coming along, they realised the surrounding homes were not those specified in the original plan.

This would have resulted in a total lack of privacy, as two balconies on other properties would have been looking into their garden. O’Dwyer said the reason they had chosen the site in the first place was for the privacy promised.

“None of the photos they sent showed the changes that happened at the same time as they laid our foundations. It was only when they failed to do the internal changes we requested that I on the first flight over. It was then they gave us the new site plan. We were screwed because of their deception,” he said.

After several run ins with the developer over the changes to the surrounding area, and although the house is registered to them at the Land Registry given they had paid for most of it, the O’Dwyers subsequently discovered that the developers had sold it to another British family, who now reside there.

O’Dwyers has not received his money back and the case is pending at court.

Patsalides said the youtube and website allegations were very damaging and that the issue had been discussed yesterday morning after the story was broadcast on CyBC on Sunday night.

“Already we have taken a decision that it should be investigated and orders have been given to see what measures can be taken,” he said.

“We will examine the claims to see what the real situation is.”

By Jean Christou Published on August 21, 2007

Γιώργο Φ. Πιττάτζιη γράμμα: 21-03-2007

21.3.2007

Κύριο
Γιώργο Φ. Πιττάτζιη
Δικηγόρο
Τ.Θ. 33066
5310 ΠΑΡΑΛΙΜΝΙ

Αγ. Συνάδελφε,

Θέμα: Αγωγή αρ. 365/06 Ε. Δ. Αμμοχώστου
υπό Christoforos Karayiannas & Son Ltd

Οι πελάτες μας κ.κ. Conor ODwyer και Michaella ODwyer, από την Αγγλία, έχουν πρόσφατα πληροφορηθεί ότι πέραν του ότι η επίδικη κατοικία τους κατέχεται παράνομα από τρίτο πρόσωπο, οι πελάτες σας έχουν παράνομα υπογράψει συμφωνία με αυτό το πρόσωπο για την πώληση της επίδικης κατοικία τους.

Ως εκ τούτου κατ’ εντολή των πελατών μας σας πληροφορούμε ότι μας έχουν δοθεί οδηγίες για διερεύνηση του θέματος και στα πλαίσια εξακρίβωσης των πληροφοριών που έχουν λάβει οι πελάτες μας, είμαστε υποχρεωμένοι να ενημερώσουμε άμεσα την κάτοχο της κατοικίας για την εκκρεμούσα δικαστική διαδικασία και να προβούμε σε όλες τις αναγκαίες ενέργειες.

Διατελούμε κατ’εντολή,

Ελενα Ανδρέου
Αντώνης Ανδρέου & Σία
Δικηγόροι.

Karayiannas Developers office: Morning 07-03-2006

On Tuesday I was fifteen minutes early for my meeting in Paralimni and you will hear Michelle Anglou say Marios Karayiannas is in Larnaka and she has no idea when we will be back. I already know from meeting an expat on site that Marios will be in Frenaros at 11am. I shame Michelle about her lies but let her know that we’ll live there and we will be happy. I told Michelle that I had business to do in Nicosia on Wednesday so I must see Marios today. I recorded this meeting via the microphone attached to the ipod.

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Morning Michelle.
Morning.
Hello there, (I said to another customer as he was leaving)
Is Marios around?
He’s not I’m afraid, He’s gone out early this morning with his father, I think they have gone to Larnaca.
Larnaca, do you know what time he’ll be back?
I can’t say Conor because yesterday was a bank holiday, so it’s like a Monday for them today so it’s like days when they have. They are going to Larnaca this morning and he’s got other appointments when he comes back.
Do you know what time his next appointment is around this area?
I can’t say I don’t know.
Well if you can’t say then you playing avoidance, you’re avoiding. I’m here to do business with Marios

Listen he’s spoken with his solicitor about the situation when the emails, the emails you sent with what you had to offer he didn’t agree with. He’s spoke to his solicitor. To say look he’s obviously not happy with what’s going on he doesn’t under stand the situation, I don’t know what to do. he sent you his solicitor been in contact with you, now if he’s to go over exactly the same thing as what he’s already gone over with you, then for him..
I’m boring him.
No it’s not that you’re boring him it’s just he doesn’t feel you understand he cant..
So I.. Alright. He understands the situation is that you said? When you said understands earlier. He understands?
At the end of the day you either have to speak with him or speak with his solicitor
And he said that’s its better that you either speak with your solicitor or speak with his.
Because you obviously you can’t understand each other. It’s not for me to sit now and start discussing it with you because it’s gone to a higher level rather then…

The thing is Michelle as you know. Preparations to move are so far advance we haven’t got time to go down the solicitor’s line. His solicitor took 2 and half weeks to write five lines. I haven’t got that luxury, neither have we the money to pay for solicitors to talk on our behalf. OK. So as it stands Michelle we have to buy that plot as it is there Marios has got us he’s won. OK. So what happens is, I’ve had my money sitting with Marion for a month now to pay you guys, I want to speak to Marios, just want clear up some final points and give him you the OK to release the money and we go on.
But I’m not going to hand over another 30,000 on top of the 100,000 we’ve already paid whatever we’ve already paid, to someone who is not going to speak to me. So it’s very important that he speaks to me. I asked him last time I was here that’s its up to him to rebuild the trust that has been broke between us.

Phone rings..
Another customer walks in.
We continue in 1 minute.

Ok then so when he gets back in hopefully I think it will be after lunchtime if he gets back in he can see you this afternoon then he will, If not it might be tomorrow OK. Because as I said..
Yea, yea it’s not good enough. I said I would be here.
OK I’ll speak to him Conor and I’ll see what I can do.
I’ll wait here, I’ll let you deal with this other chap and I’ll speak to you.

Michelle deals with the other customers. I wait both in the office and outside in the street until she is free again.
Audio clipped. 15 minutes later we continue.

So can your inform Marios that I’m here? And that I’m..
He knows that you’re here but I can’t..
I’m off to Nicosia tomorrow, these trips cost me £1000, £1200 in loss of wages and coming over and this is the second trip in a month. I’m trying to do the nice thing Michelle you guys have laid some things on us you told us some lies at the time and were really not happy but were having the house as not happy people.
But I need you to tell him that I’m here and give me an appointment to see him today. Because I’ve got other business to do in Cyprus as well.

I tried calling him this morning and he’s not answering the phone because he’s in the registry office in a meeting Conor. So If I call him now he’s not going to answer me When he’s finished I’ll call him or He’ll call me back and I can call you on your mobile I can’t do anymore than that Conor.

But you can’t tell me what time his next appointment here in the office is. You can’t tell me that.
I can’t tell you that now.
You have a diary of his events that you can say at 11.00 he’s over there.

He keeps his own diary as well as the one here. Many times we have had to re juggle them around. He can’t say how long he is going to be in Larnaca today. He can’t say how long he’ll be So sometimes when he comes back Conor he has to Cancel meetings himself Ones not with clients not other ones he has

I’ll keep floating around all morning I’ll wait for you to phone me once you have spoken to him and I need an appointment to see him urgently today. So I can then rest assured that things with my build are progressing. I told him on the phone that.

He can’t just drop everything.
Ah Michelle I told him on the phone that I was coming over today I gave him Two weeks notice for this day, I told you on Friday.

He’s got other appointments as well that are just as important.
Well why not commit to people who have already bought rather than going to the land registry office to register more plots, us people who have bought..
He not going to register plots he’s going for other things Conor, you’re just presuming now. You’re trying to make the situation a mountain out of a mole hill.
Oh you’ve made a two storey house out of a bungalow. If you want to make it that way.

Ok I’ll speak to you when he comes back in. and I’ll call you and let you know when you can see him OK.
Can you call me before 12.00
I’ll try and if I can call before 12 I will. OK

Well I have no choice.
I don’t know how you can do it to people Michelle, I really don’t. You’re not selling toasters, you know.
But we’ll move there, we’ll live there, we’ll be happy.
I’ll call…
Yea because it’s causing us a lot of distress and until we know, here collect the money again progress with the plot I’m not going to be happy.
I’ve got business to do tomorrow in Nicosia I’ve only got two days then before I leave Friday
So if he can give us a matter of urgency I said I’d be here at 9am I was 15 minutes early

I told you that..
You told me to deal through solicitors do you think we can afford that?
Is that your plan? Is that what you do?
…Ok I’ll speak to you when he comes back in this afternoon
I have no choice.
No you’ll speak to me before 12 when you get him on the phone

I will try if he calls me back. Conor. As soon as he’s finished his meeting he can speak to me. Then I’ll be able to ask him if you can have an appointment with him this afternoon.
Just five minutes
I doubt if its going to be 5 minutes anyway.
I swear I’m going to keep it brief I’m going to say here is the money for the house this is what is going to happen OK
OK

Karayiannas office afternoon meeting: 07-03-2006

After waiting at the hotel for Michelle’s call I get an appointment to meet Marios Karayiannas and his father Christoforos Karayiannas at 4pm. In this meeting, Marios Karayiannas starts off by trying to explain he now has no hard feelings as we are buying the house with his changes to the site plan. He again goes on to say that his opportunity is to keep his customers happy always. I tell him that we’ll live there as not happy people and try to explain that I will let everyone know the way he does business. I show him a business card with LyingBuilder.com and try to explain that on Thursday 10am I will start my investigations into their company.

At the Karayiannas Office Tuesday 7th March 2006 around 4pm. Present were Myself, Marios Karayiannas, Christoforos Karayiannas and a young female member of their staff (translating sometimes for Christoforos Karayiannas)

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Ok how are you
I’ve been better, I’ve been better, how are you
Fine
Good
Well I’m over here till Friday, Friday midday so I haven’t got that long and I’m in the capital tomorrow so.
Ok Tell me your situation..
Well what I said to Michelle this morning, was before I release the money…I’m releasing the money with Marion (solicitor) OK
Yes
OK if I can just summarise what has gone on between us
So to summarise
With me … don’t worry with my side I mean we do have anything wrong with you.
Or I don’t have to anything with you wrong or bad thing or whatever.
You have no bad feeling?
This is my business. Yes I don’t have any bad feeling. Anything that you speak on the phone anything I speak before or anything we said on the phone whatever I can’t, OK. My business here to sort out problem yes … to keep the clients happy, but the clients. But the clients they have to understand also other side, not only their side. It’s very important. You Understand? For me and for you. Because you have to look who’s around you and dealing with people and not alone in one centre. It’s very important for my family because my business affects my family and the girl that take job now for example when they come here for a job they work as your family not as job. It’s very important for myself. This is my character

I’m very happy that your family is happy, my family is not happy.
Greek speaking Christoforos Karayiannas
Your family is not happy why?
I won’t go into the why’s again
The why’s were all in the letter
We had four points on the letter Mario’s
Yes
And you have refused to do all those four points
Yes
So I heard from your solicitor last Wednesday that you have not done anything wrong in your contract?
Yes
And
That is true.
That is your opinion OK
It is not my opinion.
If you want to talk contracts I can talk site plans, OK
Can you let me finish.
OK so,Your solicitor said on Wednesday in five lines on an email that took 2.5 weeks
This is my letter to the solicitor I sent to you…
OK. So I’m perfectly clear. Then when I spoke to Michelle on Friday she said you would not speak to me you would speak through the solicitors Is that correct?

Yes..Because I cannot
Greek speaking Christoforos Karayiannas
No. Speak with your solicitor to explain to her what is happen and what is your opinion about the deal, about the contract, about the thing that you sign on the contract..its very important.
I can speak for myself I don’t need a solicitor
OK
To speak for me
Speak for yourself
I can speak for myself
OK

I understand what was in the contract and I understand what you said when you sold.OK. So w e cannot afford to go by solicitors; we cannot afford either financially or in time. Were already moving so we will be here in August. We move here plot no 30 in August OK

OK
And, But were not happy. So when you said…
Your not happy with what?
With what you have done to our plot
About to your plot.
Greek speaking Christoforos Karayiannas
In your plot what have we done?
Explain to my father, the balconies, the balconies, the balconies.
Can you explain to your father that this was the plan we were given when we were sold the plot.
Which is your house?
This is your house.
This was to be a road
Greek speaking Christoforos Karayiannas
I have to explain to my father Without your contract what we have done to your plot,
Explain to your father this is what I was given when we bought the place
Yes of course you are from the first plan
Greek speaking Christoforos Karayiannas
What did you do in your plot when you discussed the ????? (young Female member of their staff )
Inside you plot what we have done to you.
All my issue are outside, all my issues are outside.

Greek speaking Christoforos Karayiannas
I know where this is going. I know where this is going but I must be able to finish a sentence.
Greek speaking Christoforos Karayiannas
OK
If I can explain you can translate maybe, when I was given this I was told this is a bungalow here OK
Greek speaking Christoforos Karayiannas

This is a bungalow here and the only 1 window looking into my house, my garden was from that bungalow. This is the bungalow and that is the only window here. There was to be a road here and there was to be a bungalow and a bungalow. There was to be no windows looking into my garden.

Greek speaking Christoforos Karayiannas
We discuss this thing the same thing before. I build 2 or 3 houses here ok
We are not here to take it from the rent to take the houses or whatever
Am not er if you are not happy with the house I say to you these thing.
Greek speaking Christoforos Karayiannas
These are the 2 houses that remain OK And Mr Conor is that has a problem these balconies look into his plot
Greek speaking Christoforos Karayiannas
Ok anything else.

Yes
So that differs, Just the final line…
Whats the final deal
the final line is we were told that this was a very good plot because noone could look into the garden.
Greek speaking Christoforos Karayiannas
and that is why were not happy. You just asked me to explain why were not happy and I’ve explained. Yes OK

I explain to you that outside of your plot we don’t have to do or we don’t have to respect your opinion what the other people we have to do, it’s not your opportunity to say, not me the next plot that does not belong to me what they have to do Maybe tomorrow somebody is coming to build apartment next door.

Mario’s you did this at the same time the foundation for the changes happened at the same time as the foundations for mine so don’t say that these things are happening down in the future they happened at the same time ok Marios

Now, You sell us the house were not happy, yea that’s fine yea.
Your not happy with your neighbours
I’m not happy with all these houses looking into me
Its your opportunity its your deal.
Its my problem?
Its your problem
my problem?
Its your problem
Have you anything else to say to me like sorry or anything like this

Listen the contract is contract. We signed the contract. We recognise our side to the contract. And we have our deal. If you delay any of the payment we have the opportunity to deal with our solicitor to see what we can do. These our things

And read the contract again
Because If you delay
What I delay?
If you delay in giving me the house I too have written in the contract that you will be paying me money Ok so I know what is in the contract Marios
Ok. So I have to deliver the house to you the day that we deal about
Yes
I have
one months grace
one month grace and then I am sure from myself that I have to deliver the house to you I’m am ready there you will see the tiles that I’m ready for the tiles and I have 1 month for example I have XXXXX?

Ok
Greek speaking Christoforos Karayiannas

Obviously I don’t like the way you do business
Its your problem
Its my problem
OK
But you have a solicitor to deal with
I speak for myself
Speak for yourself
Speak for myself
So I don’t like the way you do business
Yes
And it’ll be my job to make sure nobody else falls for the deception you give before they buy and then your change in the contract and things like this OK
So I’ll give you till Thursday (I write on a business card that has “lyingbuilder.com the truth about Karayiannas)

What is that?
10am now this is a website that’s up at the moment called lyingbuilder.com the truth about Karayiannas

Greek speaking to Christoforos Karayiannas
The lying builder?
Greek speaking to Christoforos Karayiannas
so 10 o’clock Thursday (they stand up) I will be telling everyone and giving everyone them cards.

you make these thing
its on the web now, go on the internet
Greek speaking to Christoforos Karayiannas

if you make this thing..listen to me
I don’t care, go on what are you going to say
Greek speaking to Christoforos Karayiannas
be careful
if you make this thing
its on there now
its online
its online

nobody knows now
its online
nobody knows but us
you are in Cyprus OK
on thursday
go away

on thurdsday 10 every one will know.

You make this thing If you delay one of the payments…you are already delay.
I’ve already sold my property I kept up my side of the bargain you keep up your side of the bargain. I ’ve kept up my side of the bargain. I’ve kept up my side of the contract

Greek speaking to Christoforos Karayiannas

Every forum will know… the way you do business

I finish my coke and leave.

On the phone To Michelle Anglou: 03-03-2006

Christoforos Karayiannas & Son Ltd sent an email through their lawyers (The Pittadjis law firm of Paralimni) saying they will do nothing. I phoned Michelle Anglou to meet with Marios again the following Tuesday. (If you intend to do business with this company can you afford to fly back as often as I did?)

3rd March 2006 on the phone to Michelle Anglou

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Hi

Hi Michelle

Hi Erm, Ok Listen I’ve spoken with Marios because of the situation the way it is if you’re coming over to Cyprus the best thing for you to do is first of all contact your solicitor and discuss with them the situation and how you feel about the house and then if it is your solicitor will contact Marios’ solicitor and we’ll go from there

So Marios is refusing to see me then?

It’s not that he’s refusing to see you it’s just that it’s come to a point Conor where he’s had to contact his solicitor because of the points that you made in your email that you sent, its better at this stage that you speak with your solicitor about the issues that you have about the house. Your solicitor is there to work for you Conor so there going to advise you on what to do depending on how you’re feeling with the house.

Well thanks for your advice Michelle but I have no intention of involving a solicitor this end unlike yourselves who are a big company I can little afford to go down that line of reasoning.I’ll be outside your office Tuesday 9 O’clock and I suggest Marios makes some time to see me, so I’ll see you then.

She hung up.

Letter to Marios Karayiannas: 13-02-2006

Copy to Marion J Carter – Solicitor
13th February 2006

Dear Marios Karayiannas,

As you are aware, I was in Cyprus last week to checkup on the progress of our house and to be reassured that the mistakes made in the positioning of the downstairs toilet would not cause a future problem to us. There was also the matter of windows cut where they should not have been, and also that the kitchen sink and cooker were both being placed in the wrong areas. Whilst there I discovered the changes you had made to the site plan and after two brief meetings with yourself you asked that I discuss with my wife what could be done to rectify the problems your changes have posed.

Having returned from Cyprus we have discussed your changes and have concluded that we would not have bought this property in the position it is in now.

As you know, an important consideration for us when buying a house was that it must have a private garden. You sold us 30 Ayios Sergios because it was a corner plot. It had a bungalow one side with only one window looking into our garden. The other side would have a road running the full length of the plot. Across the road there was to be two more bungalows. plan1.jpg is the original plan given to us. We were told such a plot was a rare find. It was perfect for us and a sound investment for the future so we snapped it up on our first trip.

We have now made advanced preparations to move to Cyprus. Our UK home is under offer and completion will be soon. We have kept up with stage payments by bank loans and schools and work have been informed of our move.

Now without informing us, the plans you gave us have changed. We now have 3 new houses all of which have 1st floor windows looking into our garden and the nearest two houses have balconies looking straight down upon us. Plot 31 also has a garden adjoining ours. All of this is totally unacceptable. Not only does it breach our important consideration of privacy but it also devalues our home for when we come to resell. With four properties now looking into our garden we are worse off than most plots on the Ayios Sergios development.

We can only hope that this was not a deliberate deception on your part, and that it was in fact an oversight in planning that excluded what was important to us, our privacy. In any event I think you owe us an apology. You totally misrepresented your plans and photos sent to us in November show the foundations for your changes occurred at the same time you started our build.

overlay.jpg shows the plan you gave us with your new plan overlaid. Our plot is marked in blue with the yellow marking the road that should have separated us from the bungalows marked in green.

Last week you gave some brief options on how to resolve my objections. These included buying us out of our contract or giving away land at the side of our house that may in 3 years become available. You were not specific in what can be done but instead insisted I go back and discuss with my wife how we can move forward from the distress you have caused. I have done this and as you see from the attachments a lot of thought and work has gone into the problem. We can see only one clear solution but have listed three others that we had considered carefully.

The only solution we can see is that you build us the same house on a different location with the garden privacy you promised intact. As this will leave us in rented accommodation for months until you catch up with the new build, we would expect a location and land area sufficient enough to compensate. The advantage to you in this scenario is that when you resale 30 Ayios Sergios in this rising market, you will be able to add the extra 6 meters of road area which may come available in 3 years into the new specifications. This solution will also allow you to leave the mistakes you have made to the pipe-work positioning unchanged and sell the house with toilet under stairs and en-suit shower in 4th bedroom.

Another option we considered was similar to your offer of compensating us with extra land on the side of our plot. We considered that if you included the area marked orange on option2.jpg we could plant a tree to gain back some of our privacy. Unfortunately this would not entirely rectify the situation and a large tree placed here would only upset our neighbour and deny them light. We considered your offer of the yellow area coming available in 3 years when the temporary road has gone. But your explanation of your rights to give away this land was insufficient enough to warrant any satisfaction and in any case does nothing to rectify our privacy.

Another option for you is to knock down two of the three offending properties. The two (plots 31, 32) nearest our house will have balconies overlooking our garden and have not as yet had their frame stage completed. (See attachment p31p32p33.jpg) I’m informed the third (plot 33) has been bought and as we can see its build has advanced to the brick work stage we realize it would be unreasonable for you to start again here. In place of plots 31, 32 you should keep to your original plan of bungalows. The garden of 31 should not extend into what was originally a road but instead should be a neutral green area or be given to us so we can insure our original plot area has not been encroached. With plot 33 still having views of our garden your offer of 6m land to the side of our house would be sufficient enough to compensate, because we would have enough land for trees.

The last option we considered was your offer of buying us out at this stage. Unfortunately we cannot begin to put a price on what that offer should be. As you’re aware any deal to buy us out now, would leave us looking to secure a house this year at last year’s prices. Also there are the costs involved to date and it would leave my family in rented accommodation for a considerable period of time.

You have said to me on all 3 of my visits that it is Karayiannas’s policy to keep your customers happy. Now is the time for you to prove this statement. As I said to you last week your changes have caused us great distress and we cannot see ourselves living with the changes you have made. I leave it now to you to come back to us within the week to see what can be done. Please don’t leave your decision too long as preparations to move are in full swing.

Yours Sincerely

Conor O’Dwyer.

Attachments:-

plan1.jpg The site plan you gave us when you sold us the house
plan2.jpg The site plan you changed to at the same time you started our build
overlay.jpg Both site plans overlaid. The white lines show the original layout. The blue area is our plot, The Yellow strip was to be the road going to the children’s playground. The green area was to be the nearest bungalows across the road.
p31p32p33.jpg A photo of the 3 new houses overlooking our garden.
plot31view.jpg The view from plot 31’s balcony of our garden as it stands to date
plot32view.jpg The view from plot 32’s balcony of our garden as it stands to date
plot31viewfence.jpg The view from plot 31’s balcony of our garden with a fence superimposed. The Vertical red indicator is a 2m marker.
plot32viewfence.jpg The view from plot 32’s balcony of our garden with a fence superimposed. The Vertical red indicator is a 2m marker.