Many people think that signing a contract with the seller and notarizing this contract is enough to acquire the ownership of a property. This assumption, although reasonable, is not correct in terms of Turkish law.
I would first like to share an e-mail from a reader and then explain which steps must be followed to acquire a property. Please read this e-mail carefully so that what happened to my reader will not happen to you. Most expats who purchased property on the south coast of Turkey signed such agreements and most of them did not encounter problems only because the contractors honored their promises.
"Dear Berk, I read your advice on Turkish real estate law in Zaman most weeks and have found them very useful and informative. May I ask you to help me find a lawyer to deal with my problem. 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 the 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. I have all the copies of all my transactions. Nine months later, when my tapu was not forthcoming, I started to get worried. Another couple that bought at the same time as myself from the same builder told me they got their tapu, so I thought mine was okay and would arrive in due course. I then heard a rumor that the builder had trouble with his partners, i.e., estate agents who were selling his buildings, then rumors of properties being sold twice. Alarm bells were ringing so I went and checked at the Land Registry Office to find my apartment was with the bank. I then went to the lawyer who had dealt with my purchase and he confirmed my findings. I asked how long it had been with the bank and he said since two weeks ago as the builder was getting out of his partnerships -- this was July 2007. Previous to July 2007 my power of attorney was an English estate agent, but due to a conflict of interest (i.e., she let people stay in my apartment without my knowledge) I changed the power of attorney to the builder's brother in September 2006. In hindsight, this was probably not a good decision. It appeared that the brother had used his power of attorney to put my apartment with the bank and so I removed him as power of attorney right away. The builder gave me a signed receipt, noting that he had received the purchase price from me. He also gave me a signed statement that he will guarantee that I will either receive the tapu for my apartment -- or he will provide me with 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 am not happy with this change in our agreement and would like to have my tapu or my money returned. My health is failing and I wish to pass my investment into my children's hands -- but cannot if I don't legally own the apartment. If I take this to court I will have to find a lot of money which I don't have. I have already spent a lot of extra money trying to sort the problem out -- and as my property is without water and electricity, I am having to pay for hotels for my family and me every time we go to sort out the problem. I will be grateful if you can help me with this problem."
A long e-mail, but a very common problem indeed. I will continue to write on this issue because I have received many e-mails that were along the same lines. In my columns to follow, I will explain which steps must be taken by a foreigner while purchasing property in Turkey.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
