bobthenob

Non Active Member
A Guide In Buying Property
The buying process is not as complicated as one thinks if you know what to do to avoid the hidden dangers of becoming a victim to corruption.We have heard it all before where the rogue estates agents and their builder with the so called solicitor are there to help you.”OK”,that may well be and there are some very helpful and decent well respected agents out there that goes by a code of ethic’s is the basis of good relationships with people that helps promotes good business sense.
Let’s just take it step by step of what needs to be done for you to feel confident at the end of the buying process has been completed and legally enforced.


1/First of all you need to get a feel of the place by speaking to as many ex-pats as possible in the area.Always go with many opinions,never one.Look at the forums on a regular basis to gain the knowledge one needs to avoid such disastrous incidences.

2/Once you are satisfied with what you have gained from the people and forums,then you can take one step further,but you must still tread carefully at this point.lf you are happy to go with an agent then it is best to go through several recommendations only and not through what the guy in the shop tells you is the best.lt could be his relation out for a quick scam.Then you weigh up the pro’s and cons and see what is the best agent to go to.l already know of 2 l always refer to,because they have proved their weight in gold as well respected honest business in selling.

3/Remember you are in the driving seat and you call the shots.When an agent takes you to a property,look at the area’s of the property where they don’t expect you to look.The top of the roof to see if it is waterproofed tight and sealed with a waterproof solution.look at the edges of the property to see if it is cracking and is coming away from the property leaving a gap.This means the underneath is not done properly.look inside also and take a close look at the walls to see if there are any watermarks and cracks,if that is the case,then the inner cavity of the wall is leaking with rain water.This will cause serious damage later on with a huge expense.

4/They will tell you there is a 10 year warranty on the property,this means nothing,it is just a selling gimmick to make the customer more confident if something does go wrong.The only warranty that stands is how you view the property as,whether it has many faults to it,then you just say no to the property.

5/Always go for an independent lawyer that has been recommended from several people,never use the estate agents lawyer.The lawyers job is to do a search of whether the property is in a forbidden zone and has been legally authorized to be built with no debts on the land and on the property.This should only take only a few weeks to do the searches,even less then that according to what restrictions there are.The issue of the tapu shouldn’t take no more then 3 to 6 months

6/Once you have found the property you want it is best to go to the register office before you sign the sales agreement to see if the house is legally registered.Make sure there is no restriction that prohibit a annotation on the property.Make sure the owner has no debts occurring and also no debts to the utility companies.Remember the tapu really belongs to the person with their name on it,so it is very important to stop it from being misused through fraudulent means by slapping an annotation on it[l think it is called an iptok]

7/Before you sign the sales agreement with the buyer,tell him you will only put a down payment of 3% as a deposit towards the house[no more]the rest will be handed over once you have the tapu that is stated Kat mulkiyeti is in your name and with the habitation certificate.When you sign a sales agreement with the seller,does not mean you own the property.The only way to become the owner of the property is to have it registered at the land registry.A sales agreement is only a promise of general conditions between the buyer and the seller.Once you have signed the agreement get it notarized straight away in the presence of the notary as this will mean it is in line with Turkish law and will be accepted anywhere in the country.This will make it a legal document and will hold up in court if needed.Get 2 copies of one in Turkish and one in English[that is your right].Unnotarized documents are ignored in the courts.A sales agreement is not valid under Turkish law,it only stands as a security measure.

8/They will probably ask you for three stage payments and is the legal way of proceeding with the purchasing.lt is not,stick to the down payment of what has been suggested and also once the right legal documents ear in your hand stating you are the legal and rightful owner,then hand over the rest of the money.The taxes to pay is 3% from the buyer and 3% from the owner of the value stated on the tapu,which is in liras not pounds or Euro’s as they might suggest.lf the builder is demand ing a lot more then the 3% of what is to be payed legally then he in violation of the procedure and can be taken to the prosecution to make your case against him.You only pay 3% of the price of what is stated on the tapu,not what you have payed for the property.

9/The next step is to go to the tapu office with the owner or the legalized agent to transfer the names of ownership onto the tapu with your name on it.The agent must provide an acceptable power of attorney.
Please remember you are not considered as owning the property legally if you have no tapu and is not registered in your name,even if you have signed the sales agreement.And also the basic insurance will not be valid if the tapu is not in your name and also if has no habitation certificate.

10/The next step is to get the utilities in your name.lf the utilities are in the builders name,then the builder must have the habitation certificate.ln getting the names transferred from the builder to yours shouldn’t cost you more than 100ytl.Once in your name you will be charged with domestic rates then the more expensive builders rate.But you must have the habitation certificate to enable you to do the transfer.lt is the builders obligation to provide the habitation certificate ,which is from the council.
11/Furnishing your property is quite easy and cheap if you do it independently with a translator you can trust.Also look in the local papers classified section.You will be surprised at the amount of good quality furniture there is for sale.lt should cost you no more then 4 to 5,000pds to furnish a triplex including outside furniture.

If anyone can add any other important information to this buying process,l am to pleased for you to do so.l hope what has been mentioned above is the full proper information l have stated.
Also Crescent Homes does provide a very good legal service in finding out whether the property has debts against it as well as the land and the builder.lt is strongly advised to use this service for peace of mind and avoiding a nightmare later in the future.
I must emphasise on the importance of recognizing the absence of the tapu in someone else’s name is vulnerable to fraudulent means and can be abused by selling the property as many times as they like.Also they can use the tapu as collateral to take out loans.Hence the hidden debts that might be inherited if you do not take out a annotation on the property,this will stop the misuse of the tapu
 
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Harem

I've cliqued
A Guide In Buying Property
In my opinion you don't necessarily need a lawyer - just another unnecessary expense.
 
A Guide In Buying Property
Bobs post is too long for me to bother reading; however his first point is absolutely spot on. I would, however add this.
DON'T buy ! Well, not immediately. Rent for a year, [It's cheap] and learn the stuff Bob mentions.
 

bobthenob

Non Active Member
A Guide In Buying Property
l coud really add on a lot more.
The advantages of buying resale to the disadvantages of buying new builds and off plans.
But this all depends on how you go about things in the right way to avoid such scams.
l know my post is to long,but l had to make it very clear for the one's that have no idea of the corruption involved here in Altinkum and other tourist area's.l just do not want to see pertential clients becoming a victim anymore.l just had enough of these scams.

lt is true Harem,you do not need a lawyer to buy a property.lt is quite easy to do this yourself without a lawyer and to use the service for the searches with Crescent Homes
 
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panther

Member
A Guide In Buying Property
Bob

I think its marvellous you keep resurrecting the cautions of buying. Taking your time which is not in your best interests, only to help others becoming a victim.

Lets hope the tapu scandals can be resolved soon.

I have read that there was a documentary on Turkish T.V. about builder etc selling tapu on twice. Its on another forum.

So that is something on their national t.v.
 
A Guide In Buying Property
Another point.
Who d'ya think does the necessary work when you employ an advocat?
NO! Not him. Just as in the UK they use a legal clerk, here they use a "runner". In Fethiye it is Tapu-Bulent. Find him, know your buyer and you cannot go wrong if you avoid off-plan and co-ops.
 

bobthenob

Non Active Member
A Guide In Buying Property
Another point.
Who d'ya think does the necessary work when you employ an advocat?
NO! Not him. Just as in the UK they use a legal clerk, here they use a "runner". In Fethiye it is Tapu-Bulent. Find him, know your buyer and you cannot go wrong if you avoid off-plan and co-ops.
l agree with you to a certian point on the sitesi's and Koops to avoid.
But there are people that would like to buy a new build and also an off plan if they take the correct procedures and follow good advice from others.The buying process should then be corrupt free.

l also do strongly advise the resales should be top priority on the buying process first.
The reason for this is of several things.
1/You can see the owner of the property and to see if the right x is in the box on the tapu.
2/You can see how the built has withstand it's time,by looking at the walls and the outside if any cracks are noticable.
3/Your more likely to bag a bargain this way by haggling then a new build
4/There are in most cases a lot of extras thrown in when buying a resale.ln some cases the whole lot of furnishing goods are free with the price.[my house comes with all the furniture and oil paintings]
5/You can also speak to the owner whether there are any debts on the house and on the land as well as if there are any un payed bills.lf he says no.You say can l have that in writing..lf he says no,then you just walk away,because he has given you the answer.

l have heard the scandals happening here are going on utube.That should make the system think twice about changing their ways in favour of the victims and not in favour of the criminal.Bring in proper regulative boards that will punish the corrupt and reward the right thinking people
 
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L

les&Tasha

Guest
A Guide In Buying Property
Bob,

This is a very good thread. I would always advise some one to rent for a year first. At the end of the year you will know your town/resort and will have wised up to all the scams.

I think any body thinking of buying should read this site -

Buying Property in Turkey

It is published by the Turkish Embassy in London. All the legal stuff straight from the people who know.

Off Plan is a mine field in a recession. Is the complex going to be finished? Will the developer go bust? You can't get a straight answer to these questions so go with a resale.

I also think you don't need an avokat but you do need a Notar!!

I have a litmus test for fraud. If you are interested in a property. Say you want to see the Tapu and the owner with his/her identity card. Then say before you will sign anything the owner, emlak and yourself will have to go to the Notar and sign a declaration of identity and legal role in the transaction. The scumbags will vanish at this point or try to tell you anything to dissuade you. Honest people will go along to the Notar office...
 

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