Another POA query

[pldouglas]

We have our villa up for sale in Yalikavak, in fact its been on the market a year now and we all know it will be a good while yet until we sell, unless we get really cheesed off and loose money over it - possible. If and when we ever get a buyer we can't just hop on a plane and go over at a moments notice. So, the question is;
At what time is it best to get POA sorted?
Should we;
a) Wait until we get an offer sometime in the distant future and do it then.
b) Do it now and just keep the documents here ready to e mail out to chosen solicitor.
c) Do it now and lodge with chosen solicitor.

Sorry to ask another POA question, I did use the search box to no avail and I know someone here will have an expert answer.
Ta lots!

 

[les&Tasha]

The only person I would give power of attorney to is my mother and she is tucked up in her grave!

Do not do this under any circumstances. When you get an offer then get on the plane and sign the presales contract. When the military permission comes through be at the Tapu cadestre in person to sign over the tapu to your buyer. Dont do this until the money is in your bank account.

If you can't sell then your price is too high. Prices have fallen over 30% since the peak in 2007. In my humble opinion they won't return to those levels for several years. Your opinion my differ...

 

[pldouglas]

The only person I would give power of attorney to is my mother and she is tucked up in her grave!

Do not do this under any circumstances. When you get an offer then get on the plane and sign the presales contract. When the military permission comes through be at the Tapu cadestre in person to sign over the tapu to your buyer. Dont do this until the money is in your bank account.

If you can't sell then your price is too high. Prices have fallen over 30% since the peak in 2007. In my humble opinion they won't return to those levels for several years. Your opinion my differ...

We're not in any rush to sell, its a private villa so we don't have the expense of paying fees, theres no rush - fortunatly! We have simply decided to do other traveling rather than Turkey all the time, so don't need the villa now.
Our problem is that there is no way we can get on a plane at short notice to oversea the sale ourselves - we have a business to run here in the UK.
So how have other people got over this problem - there must be someone out there who has sold a property without the need to go to Turkey in person.

 

[carolk]

It doesnt have to be to a solicitor or an agent, it can be someone you trust out here.

 

[Yalides]

The only person I would give power of attorney to is my mother and she is tucked up in her grave!

Do not do this under any circumstances. When you get an offer then get on the plane and sign the presales contract. When the military permission comes through be at the Tapu cadestre in person to sign over the tapu to your buyer. Dont do this until the money is in your bank account.

If you can't sell then your price is too high. Prices have fallen over 30% since the peak in 2007. In my humble opinion they won't return to those levels for several years. Your opinion my differ...

This is very good advice.

 

[luckycat68]

If you know of a honest . decent turkish person that you can be completely sure of then put in his / her name - you will have to come to Turkey just once to do the POA at the notary ---- ask for references of previous POA before doing this - pm me if you need further advice

 

[Yalides]

If you know of a honest . decent turkish person that you can be completely sure of then put in his / her name - you will have to come to Turkey just once to do the POA at the notary ---- ask for references of previous POA before doing this - pm me if you need further advice

More very good advice.

 

[les&Tasha]

pldouglas

You have to trust the person you give POA. Luckycat is giving you good advice. If you have a personal friend in Turkey you trust use them. In my personal experience emlaks are not trustworthy. An Avocat in Turkey is not bound by the "duty of care" to the client as an English solicitor. If money is not an issue contact Acacia International (google) This firm is based in London and Turkey. I would trust this firm. However they are not cheap (maybe £2k) but that is better than getting ripped off.

Quite honestly I cannot see why you cannot travel to Turkey. Two 48 hour trips would be all that is required. Scheduled flights BA or TA are not cheap but even at £500 a ticket it is a cheaper option.

 

[jolo]

How do you go about reversing a POA and roughly how much would it cost to do it.

 

[pldouglas]

Yes Acacia Solicitors sound okay and whatever they cost would be cheaper than coming to Turkey ourselves. Our business is always booked for at least 3 months in advance, so even 48 hours is not possible at the drop of a hat - you just can't do it when your reputation in business is so important, especially in the current climate where we have been so very fortunate.
The other possibility is that I give POA to the Dearly Beloved and he comes out while I hold the fort, though even that cannot be done within the 3 months.
I am sure there are people who buy and sell property overseas all the time, for investment, so there is a way, its just a question of finding it and maybe Acacia are the answer.
This experience is perhaps a lesson to others! You think the buying process is difficult enough - just you wait until you try and sell. Imagin trying to sell if you were too ill to travel.
With hindsight we will certainly not be tempted into buying property anywhere abroad in the future and will stick to renting.
Hindsight - what a wonderful thing....

 

[Akasya]

With hindsight we will certainly not be tempted into buying property anywhere abroad in the future and will stick to renting.
Hindsight - what a wonderful thing....

Nicely put, should be required reading for all putative purchasers abroad.

Steve.

 

[les&Tasha]

Expensive lawyers like Acacia are the solution if you have no time. If you are not planning to visit your villa I hope you have someone looking after it for you. Problems can arise, particularly in winter and unless they are dealt with promptly they can escalate quickly.

If you plan to hold on to your villa until you can recoup your investment then you should consider renting it long term (maybe a year or two) to expats who are moving to Turkey.
Otherwise you should remarket next spring at a realistic price. Leaving it empty at an unrealisic price is probably your worst option.

Les

 

[jolo]

Does anyone know how you go about reversing a power of attorney

 

[luckycat68]

I think that if you make someone your POA - you state in the contract at the notary that it is just to to the business regarding the 1 sale of the said property - so they cant have POA to do anything else ! Please someone correct me if I am wrong cos I am not a lawyer !!

 

[Sunny Seasider]

That's correct Sue. When we were buying 'Off Plan' we came to the notary in Bodrum with a senior member of staff from the company we were purchasing from, we had the poa translated with english/turkish lawyer present and a third party typing it all up. They only had the poa to do the business for us buying the property, once that was done, and have to say it all went very smoothly, and saved us a lot of hassle and fees, it was just a one off payment, the builder paid half of the fees and we paid the other half. The poa did everything upto and including obtaining the TAPU in our names, we just went to the builders office and collected TAPU Mulkeyiti. It was all very good, having said that, as I've since read and learnt from this forum that it is not all like that.

 

[jolo]

Thank you both but I really want to know how to revoke a poa that isn't as restricted as it should be. Hope there is a way to do it just in case

 

[pldouglas]

Expensive lawyers like Acacia are the solution if you have no time. If you are not planning to visit your villa I hope you have someone looking after it for you. Problems can arise, particularly in winter and unless they are dealt with promptly they can escalate quickly.

If you plan to hold on to your villa until you can recoup your investment then you should consider renting it long term (maybe a year or two) to expats who are moving to Turkey.
Otherwise you should remarket next spring at a realistic price. Leaving it empty at an unrealisic price is probably your worst option.

Les

We have had property in Turkey for about 6 years now, so yes we are perfectly aware of the problems of leaving a property empty there (or anywhere else for that matter) and how e.g. water damage over winter can escalate into further problems.
We would not consider renting out the property unless it was to someone we knew personally - and thats unlikley since we don't know anyone else who wants to go there - we've been offering the place free of charge to family and friends for 6 years and knowone ever wanted to go! We certainly would not rent to a stranger under any circumstances having owned property which we rented out in the past, we know those pit-falls too.
We will probably hold onto it for a couple of years and try again, if we're not going there, but its being looked after, it doesn't really matter if its empty or not.
Acacia would not be an expensive option for us since it would cost considerably more for us to loose business contracts and good-will by suddenly letting down customers and flying off to Turkey.

 

[madmyrtle]

I would recommend Ahmet Sipahioglu who has been a lawyer in Didim for 20 years and has been on the British Consulate website for many years too. He is extremely professional and trustworthy and also has a retired British lawyer assisting him.

May I suggest that you write to him at ahmetsipahioglu1@hotmail.com with your concerns and I am sure he can reassure and assist you.

 

[corinne]

To cancel a power of attorney, go the notary with your power of attorney and an official translator. Being foreign, you always need an official translator for any work at the notary. They can call a translator to the office when you get there. Tell them you want to cancel it and they write to the person holding your power of attorney telling them it is cancelled. Job done!