|
|
|
| Property
Guide
|
Purchasing
process in Turkey.
After the sale and purchase conditions are agreed upon
you and/or your Agent are advised to ask for a copy of
the TAPU (Title Deeds) and double check whether:
1-The TAPU really belongs to the property
2-It is a residential property in a zone covered by an
Implementary Development Plan or a Local Development
Plan
3-The property really belongs to the person who
introduced himself to you as the "owner"
4-No annotation prohibiting the sale/purchase of the
property appears on the TAPU
5-The property complies with all regulations
6-All licenses and official permits for the property had
been properly obtained
7-The current owner does not owe taxes anything to the
Tax Office
8-The current owner owes no over-due debts to the
utility companies
Contracts are not compulsory according to current
regulations and mutual declaration of both the buyer and
seller to the TAPU (Title Deeds) Registry Office is
enough to carry out the transfer of ownership, a
contract will allow you to protect yourself. If you are
using a real estate agent and/or solicitor ensure the
contract refers to them and that they also sign the
contract. Your contract should include the following:
1-A detailed description of the property (address, TAPU
details, technical conditions etc)
2-The actual price to be paid to the seller for the
property
3-The seller's bank account details for payment
4-The agent and/or solicitors bank account details for
payment
5-The payment terms and conditions to the seller
including deposit, interim and final payments
6-A Statement requiring the seller and the buyer to pay
their own tax liabilities
7-The fees and commissions to be paid to the solicitor
or agent
8-Under what conditions and how the money paid by the
buyer will be refunded by the seller
9-Whether parties can give up the sale/purchase, if so,
under what conditions this can happen
10-The rights and responsibilities of the persons whose
signatures appear on the contract
11-ID numbers of Turkish nationals (TC Kimlik No) who
are to sign the contract, the Barr registry number of
the solicitor being used and the trade registry number
of the real estate company
Before signing the contract have it translated into
English. Relying on only an oral-translation may lead to
unwanted situations in the future. Sign the contract in
the presence of a notary public and then have them
notarized. This will ensure that:
1-The people signed the contract and their signatures
are genuine
2-The contract is in line with Turkish laws and
officially acceptable anywhere in Turkey
3-The terms within the contract are binding for all
parties
The next step for both buyer and owner or their legally
authorized agents is to apply to the TAPU Office for
transferring of ownership. During the application the
buyer or their agent are to provide the local TAPU
Office with the following documents:
Buyer
1-Title Deed or a document indicating the property's
exact location (plot or parcel number etc.)
2-2 recent passport photos of the buyer
3-Passport and/or ID Card of the buyer
Agent
1-An acceptable Power of Attorney
2-2 recent passport photos of the agent
3-Passport and/or ID Card of the agent
Upon your application the local TAPU office will do a
search on behalf of whether the property is in a
forbidden zone or not. After military clearance has been
finished you are given an official ownership document
called the Title Deeds (TAPU). Without having a TAPU you
are never considered to legally own the property even if
you signed a legally acceptable purchase contract with
seller.
This is to provide basic information about the
purchasing process in Turkey.
The information in this post is of a general nature and
does not constitute legal advice, Text provided by
Turkishhomes4sale.
|
|
|
