Budapest - Issues with Szinyei Merse

Hi ontheground,

Thank you for your support. Very sensible suggestion, we will try to find the maximum number of owners from our development. The problem is now taking another dimension because we have been informed that there is a pending lawsuit attached to the properties title deeds. According to our contract the seller warrants that the apartment shall be free from any lawsuits on the date of putting into possession. Autoker and our lawyer (in which we lost faith) have been very arrogant up to now.

We would appreciate if you could share your story with us.

Thank you

I have discussed lawsuit issue with the client's solicitor. It seems there is no official information on this matter. What we now know is:

- The builder and the Developer are in argument (their agreement was terminated in December 2006 by Autoker)
- The builder sent posts to Buyers
- Usage permit was attacked by Builder (according to letter)
- And then the developer also sent posts to Buyers
- Usage permit was cancelled by the Authority due to legal issue and lower level of green (garage and garden issue)

As far as I know new usage permit was issued but legal issue is not clarified yet.

Hi Hungary,

Thank you for your feedback.

The latest information (this week) that we received from our lawyer is:

1- The subsistence permit (in lieu of the occupancy permit) has not been issued by the local municipality due to alterations from the building permit; the developer should make appropriate arrangements to comply with the building code provisions. When the necessary repairs/alterations are done, the municipality will issue a subsistence permit.

2- There is a note of pending lawsuit on the title deeds of the properties (from the original general contractor).

Until we receive any proof that those issues have been resolved I would certainly not recommend anyone to pay their final settlement.

We have been told that the development was overbuilt by 16% relative to its original building permit.

I am afraid the investor’s lawyers/agents are probably not interest to confront Autoker, so I fear they are rather bias towards the seller. They tend to repeat what Autoker is telling them instead of carrying their own investigation.

Hi all,
With reference to the power supply issue. Autoker are installing metres with increased capacity and are trying to charge me an extra HUF62,000. I am contesting thiis charge onthe grounds that it is their oversight, they shouldn't have installed inferior ones in the first place and they shoud have to accept the cost.
Has anyone else had to deal with this problem and what has been their outcome?
cheers
Adam.

ketelkedo, reading the last posts here it seems that things are rather complicated in the project, I know for long time of building permit issues in this project, other projects designed by the same architect in the 6th district were stalled by the municipality for along time when they blamed the architect for the deviation from the building permit.
you should also be aware of the fact that there are two stages to the usage permit. the usage permit is issued by the municipality when they decide that the work is finished, based on many documents and declarations that the developer needs to provide, in order for it to become LEGALLY BINDING (which is what matters) they developer need to get the consent of the builder, the neighbors etc' if the Builder decline to sign the developer can either take him to court or pay him off... in nay case we are talking on a long period of time before those apartments will be legally usable and before any bank will agree to finance.

Has anyone on here acually taken possession of an Aparment in Szinyei Merse at this time ? We've been told by our Hungarian Solicitor that although we can take possession of the apartment, and rnt it, we will not be given posession of deeds until the legal dificulties are sorted out. Obviously, we are very rlucant to do this until deeds are forthcoming and are considering the options on cancellation.