The only way to become an owner of a property is to have it registered at a land registry office.Does signing a property sales agreement transfer the ownership of a property?
A sales agreement does not impart any ownership.
Is it totally useless to sign a sales agreement?
I can't say that it is totally useless. If it is signed on the basis of a small down payment with appropriate collateral granted by the seller against the down payment, then it may be functional. Sales agreements are very handy to put an option on a property, or in other words, to reserve a property. If it is drafted as it should be, a sales agreement can also provide good evidence of down payment and the specifications of the house to be built.
How does the purchaser acquire the ownership of a property in Turkey?
The ownership of a property can only be acquired via registration at a land registry office by the officer who is authorized to sign and approve the transaction.
Can I obtain the ownership of a property before a Turkish notary?
No, a notary office performs many tasks, but not transferring the title of a property. A Turkish land registry office is the only authority where the title of a property can duly be transferred.
What does a sales agreement provide a buyer then?
A sales agreement is just a protocol including the general conditions pre-established between the buyer and seller.
Can a buyer register the property without the seller if they have signed a sales agreement?
A sales agreement does not give the buyer such power to conclude the sale of the property without the presence and involvement of the seller.
I have a power of attorney given by the seller on the date of the signing of the sales agreement. The power of attorney states that my lawyer now has authority to transfer the title of the property to me as soon as the military clearance is given. Is this a secure way to acquire the property without the presence of the seller?
I hope that your lawyer did warn you that this is not a 100 percent secure way. If the seller has any bad intention of selling the property to another person and running away, then giving a power of attorney will not stop him from doing so. Although he has granted a power of attorney to your lawyer to transfer the property into your name, he can still sell the property to anyone else as soon as he steps out the notary office.
I still want to stick to the sales agreement. Are there any other security measures to stop the seller from acting in bad faith and ensuring he follows the terms and conditions of the sales agreement?
Yes, there are. However, I am not willing to give any more details here. It is difficult to design a sales agreement, and you may end up in failure. This is not a do-it-yourself thing. You should consult a lawyer to find the best way to secure ownership of the property.
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 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.
