Complaint VIP Arbitration Program
In re:
Savvaidis & Associates Estate Agents,
Complainant,
v.
Anonymous,
Author.
Consumer complaints No.: 759034
Arbitrator decision
Bruce Meyerson,
Arbitrator
Complainant, Savvaidis & Associates Estate Agents (Savvaidis), has challenged the truthfulness of certain statements (each, a Statement) posted by Author Anonymous on the complaint website at usacomplaints.com on August 1, as complaint No. 759034 (the Report). The Author contends that the Complainant misled the Author in connection with the purchase of a holiday home in 2007. The Complainant denies the allegations in the Report. Both the Complainant and the Author have agreed to submit the dispute to the complaint VIP Arbitration.
In addition to challenging the statements made by the Author, the Complainant is also challenging the status or role of the Author. Based upon the nature of the Statements set forth in the Report, the Complainant is unable to identify the Author.
Each Statement challenged by the Complainant has been considered, together with any Witness Statements and Documents provided by the Complainant for determination of the truth or falsity of the Statement. The Author has not provided a response to the Complaint.
I have been asked to decide whether the preponderance of the evidence submitted establishes that each Statement is true or that it is false. If the statement identified by the Complainant is determined to be an opinion, no determination will be made as to that particular Statement because an opinion cannot be determined to be true nor false.
Each challenged Statement submitted by the Author is set forth below together with my comments and ruling:
1. Statement: the price was 215,000 and we purchased 85 sqm villa.
Discussion: The Complainant has provided the Declaration of Lee Tokouzis, Transactions Manager at Savvaidis, and the Declaration of Lynn Usher, Sales Manager at Savvaidis. These Declarations state that Savvaidis did not sell a house in 2007 of 85 sqm for 215,000 euros. The Declarations also state that Savvaidis has never sold property in a river bed. Although the particular Statement challenged does not mention that the home was purchased in other information contained in the Report states that the purchase occurred in 2007. The Author has had the opportunity to contradict these Declarations but did not do so.
Ruling: I find this Statement false.
2. Statement: our villa is now valued at 115,000 euro.
Discussion: This Statement is an opinion. The Declarations do not address this Statement.
Ruling: I am unable to determine the truth or falsity of this Statement.
3. Statement: So we now have a mortgage that is almost twice the amount [of] the real value.
Discussion: This Statement is an opinion. The Declarations do not address this Statement.
Ruling: I am unable to determine the truth or falsity of this Statement.
4. Statement: We cant rent it out.
Discussion: This Statement is an opinion. The Declarations do not address this Statement.
Ruling: I am unable to determine the truth or falsity of this Statement.
5. Statement: We challenged Mr. Savvaidis.
Discussion: The Declarations mentioned above also state that neither representative of Savvadis has been approached regarding the Authors concerns. Although not explicitly stated in the Declarations, I am inferring that the Declarants are also stating they are unaware of any contact made about this matter to Savvadis. The Author has had an opportunity to contradict these Declarations but did not do so.
Ruling: I find this Statement false.
6. Statement: This man and his company left us with a nightmare instead of the dream.
Discussion: This Statement is addressed by the Declarations described in (1) above.
Ruling: I find this Statement false.
7. Statement: property is sited on a river bed.
Discussion: This Statement is addressed by the Declarations described in (1) above.
Ruling: I find this Statement false.
8. Statement: In winter 2010 the river bed flooded causing hundreds of thousands of euros damage.
Discussion: The Declarations do not address this Statement. The Author has provided no evidence to support this Statement.
Ruling: I am unable to determine the truth or falsity of this Statement.
9. Statement: We cant sell it.
Discussion: The Declarations do not address this Statement. The Author has provided no evidence to support this Statement.
Ruling: I am unable to determine the truth or falsity of this Statement.
10. Statement: thanks to Savvadis & his misleading team of staff.
Discussion: The intent of this Statement is to suggest that Savvadis misled the Author with respect to the purchase of the home. The Declarations described in (1) address this Statement. The Author had an opportunity to contradict these Declarations but did not do so.
Ruling: I find this Statement false.
DATED this % day of October.
Bruce E. Meyerson, Arbitrator
In 2007 we purchased a holiday home from this company
The sale was conducted by savvaidis associates who told us that we could rent out our property to tourists during the summer months to enable us to meet mortgage payments and even show us some profit at the end of each year, it all sounded great so we signed up for our "investment" of an 85m2 villa with pool to be built during the following year.
In 2008 our villa was finished and with the "help" of a Savvaidis recommended Lawyer was now ours.
We were so excited to own our own little part of greece but soon it all changed and the horrors of what we had purchased was coming to light.
After consulting an other greek speaking lawyer we discovered that our villa of 85m2 was in truth registered as only 45m2 on both building licence, plans and notary contract, our villa was now valued at 115,000euro due to these facts but we had paid 20,000euro and owed a loan of 195,000euro!
Worse to come we were now informed that our villa was now classed as "ILLEGAL" and we would never be able to rent out to tourists as indeed the Savvaidis staff had guaranteed us, to do this we would require an EOT licence and as our villa was illegal would never comply to hold such a licence.
So now we have a mortgage that is almost twice a much as the true value of the property and we can't rent it out as Savvaidis told us we could before the purchase.
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In winter 2010 the riverbed flooded causing a river to run through the development of villa's causing hundreds of thousands of euros damage, the insurance wont pay because of the sighting of our villa being on a flood plane, we can't sell it as its only worth 120/30keuro can't rent it and don't ever want to holiday there again due to our treatment by Savvaidis and corruption that seems to surround this company.
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