I've reprinted an excerpt from the letter, but you can find the full text on the Today's Zaman Web site. "Some two years ago I purchased an apartment in the district of Altinkum from the builder. I had a lawyer (the construction company lawyer) draw up the agreement and went to a notary public. I did everything I thought was legally necessary. I was told by my official translator that the tapu [title deed] would take six months to prepare ... The builder gave me a signed receipt, noting that he had received the purchase price from me. He also gave me a signed statement guaranteeing that I will receive either the tapu for my apartment or another of equal or greater value. This agreement should have been completed by March 2008. Unfortunately I have been advised that it may now take up to two and a half years to obtain the tapu for my apartment. This is because the builder will have to buy it back from the bank -- which I was not made aware of at the time the agreement was made."
I have already written on this topic several times, but I find it useful to repeat that a contract signed between a buyer and seller is not a sales agreement but rather, assuming it meets the requirements of Turkish law, a promise to sell.
According to Turkish Civil Code Article 705, transfer of the property title must be done before an authorized officer in a land registry office in order for the buyer to be considered the legal owner.
Sometimes, as a buyer purchasing an off-plan villa or apartment, you have to sign a promise-to-sell agreement. A promise-to-sell agreement is valid only if it is made before a notary public. However, notarizing the contract is not enough in most cases since the seller still has the power to place a mortgage on the property.
This agreement gives you the right to request the title from the seller. If the seller fails to sell you the property, then you must file a case at a courthouse in the district where the property is located. Your claim is based on the agreement you've signed with the seller, so it is best to register your promise-to-sell agreement at a title office once you've had it notarized so that the contract will be publicly available.
In your case, the property you intended to purchase now belongs to the bank. This means that the seller has not fulfilled the promises he made in the agreements you've signed.
You must now file an alternative pleading or progressive claim (terditli dava). What is a progressive claim? A progressive claim is a petition which includes several claims, the first of which is your main claim. If the court rejects this claim, then you can assert the second claim on the same petition.
In your progressive claim, you should file an action demanding the transfer of the title. However, if for any reason this is not possible, you might choose to get back the amount you've paid the seller, including any interest that would have accrued since you made the payment.
The first agreement is still binding, giving you several choices. Therefore, you should go to a solicitor and file a case against the seller at a Didim courthouse. In Turkey lawyers can practice throughout the country, so you can hire a lawyer from any city, not just Didim. Please contact your consulate for a list of recommended lawyers in your area.
