Most property disputes concern the form of the contract, restrictions on the title record and payment security. A few checks before purchase can prevent lengthy litigation later.
For most people, buying property is one of the largest financial decisions they will make. The legal checks should therefore be completed before signing, not after.
1. Formal requirements. Under Article 237 of the Turkish Code of Obligations and Article 706 of the Turkish Civil Code, a real estate sale is valid only if executed in official form before the Land Registry. A private written "sale deed" does not transfer ownership. Where the transfer cannot take place immediately, a promise-to-sell agreement executed before a notary is the safer route.
2. Reviewing the title record. The land register should be checked for mortgages, attachments, interim injunctions, pre-emption rights, usufruct and family-home annotations. The sale of a family home requires the express consent of the other spouse (Civil Code Art. 194). In co-owned property, the statutory pre-emption right of co-owners must also be considered.
3. Zoning and building status. The zoning status certificate, building permit and occupancy permit (iskân) should be obtained from the municipality. Whether the property is held under construction servitude (kat irtifakı) or full condominium ownership (kat mülkiyeti) matters for financing and future transactions. Unauthorized alterations may expose the buyer to administrative sanctions.
4. Declared price and title deed fee. Under the Fees Law No. 492, buyer and seller each pay a 2% fee on the declared price. The declared price may not be lower than the actual price or the property tax value. Under-declaration can lead to tax penalties and may weaken the buyer's position in later refund or damages claims.
5. Payment security and deposits. Payments made by bank transfer with a clear description provide strong evidence. If a deposit (kapora) is paid, the parties should state in writing whether it is a forfeit deposit or an earnest payment (Code of Obligations Arts. 177-178).
6. Sales by power of attorney. If the seller acts through an attorney-in-fact, the power of attorney should be current, expressly authorize the sale, and be verified with the issuing notary. Forged powers of attorney remain a common fraud method.
7. Defects. The buyer has statutory remedies for defects discovered after the sale. Claims for defects in real estate are, as a rule, subject to a five-year period starting from the transfer of ownership (Code of Obligations Art. 244). Defects should be notified to the seller without delay once discovered.
Conclusion. A pre-signing review of the title, zoning and contract costs little compared with the transaction itself, yet it prevents a significant share of later disputes.
This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.
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