Mushtaq

Founding Member
Guidelines of Buying property in Turkey
Things to look out for when buying property in Turkey;

• Does the property have ‘clean’ title? Is the seller authorised to sell, sometimes there can be many owners. Ensure there are no legal issues.
• Are there any debts attached to the property?
• Has the building been constructed legally?
• Is the property construction free from any defects?
• Are any other particulars being advertised true?
• Does the property have a full title, rather than a restricted title? Does it have the kat irtifaki tapu.
• Is the property a cooperative property where the cooperative has not been completed? The Tapu can't be transferred until all the site is complete. and you will be expected to continue paying the cooperative which can be substantial.
• Is the property on or near an archaeological site?
• Does the property belong to the government? If so special procedures apply.
• Is there any evidence of fraud connected to the property or owner? the property could end up being seized or auctioned off before you get the tapu.
• Is the property built in an military zone? You probably won't get the Army clearance to transfer the tapu.
• Is the existing planning status of the property clear?

Things to do when buying property in Turkey


• Deal with a reputable agent/developer, avoid freelance agents/waiters/bar men etc.
• Check the points above about the property.
• Buy a built property if possible, instead of off-plan, there is lot of choice.
• Employ services of an Independent English speaking Lawyer (not connected with the sell) so you can ask all the questions yourself directly. Make sure the checks above are done on the property.
• Ensure any sales contracts are notorised otherwise the contract is not admissible in courts if there are problems in future.
• Pay a deposit and keep a sizeable balance to pay on tapu transfer after your army clearance.
• Do not pay 100% upfront, if you must then make sure you put a large charge (Ipotek) on the property so it can't be sold off or loans taken out while you are waiting for the army clearance.
• Agree on who will pay the sales tax, usually it's 50% each, but some sellers try to pass 100% off to the buyer
• Agree on who will register the utilities (Water & Electric) in your name, and who will pay the fees.

• more to come.....
 
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Mushtaq

Founding Member
Guidelines of Buying property in Turkey
I have started this thread as has been suggested, please add your suggestions and recommendations and I will update the 1st post, once completed I will clean it up and make it a separate sticky.
 

Maisie

Member
Guidelines of Buying property in Turkey
Perhaps you could add that any contract drawn up, usually by the sellers' solicitor, should be notarised otherwise it is not worth the paper it is written on. It is not sufficient to rely on this contract as a declaration of intent. Under Turkish law, this is inadmissable.

Maisie
 

Mushtaq

Founding Member
Guidelines of Buying property in Turkey
I have made it a sticky and also added to the left menu.
 

nanamo

Member
Guidelines of Buying property in Turkey
Can I just mention that maybe any new -green - buyers may not understand what a clean title means. Maybe a little note alongside item 1 to explain might be useful.
 

Tommie

Sun Worshipper
Guidelines of Buying property in Turkey
Ensure that utilities, such as water and electric, are registered in your name.

These are taken for granted in the UK and other European countries but fraught with problems, such as overcharging, if not carried out.


Re
Tapu Does it have the kat irtifaki tapu?
Should this not be Kat Mult (apologies with spelling)
 
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parrot

Member
Guidelines of Buying property in Turkey
Nice one Mushtaq.Could you amend the lawyer part to ensure he is independant and not in the pocket of the seller.
 
Guidelines of Buying property in Turkey
Hi...I own an apartment in central marmaris and have only owned it one yr....Im selling through an emlak...what are the implications to selling?.....can someone give me a ball park figure on tax and sellers premiums.I realise I will pay 15% on any profit made...but do I have any furhter premiums to pay?...many thanks
 

scotssteve

Member
Guidelines of Buying property in Turkey
Hi Bute/Marmaris

You should be jointly liable with the purchaser for the 3.3% Tapu Transfer Tax; and of course your emlak will be looking for his fee (normally 3%) from you.

Hope this helps
 

kerri

New Member
Guidelines of Buying property in Turkey
Thank you for this thread, we are in the process of buying a resale apartment in Ovacik. We have given power of attorney to our solicitor in Turkey but unfortunately we have read some derogatory statements about her on various forums since. As we have paid her the fees for her services and military checks etc we decided to 'hope for the best'. I cannot fault her so far, she is exceptionally quick in getting back to us and has answered our queries along the way to our satisfaction.

Now we are coming to the end of the purchase ( the funds should be with us in our UK bank account in the next week or so ) I am getting extremely nervous and paranoid. I have read so many horror stories about scams etc and am petrified that we will be stitched up.
We need to forward to remaining balance to our solicitor to complete and have not a clue on the best/safest/least expensive way to do this, anyone got any advice?

We are buying through an agent that owns the complex we are buying on, he is not charging seller or us a commission as he and his english wife sold the property originally to the current owner. We have asked an English couple in the area advice and they have said that the agent is a good guy and his wife and him are trustworthy. Again, they have been exceptionally fair, helpful and not at all pushy, everything they have told us regarding fees, the area etc has been verified by my research on forums and from speaking to others in the area.

Still, despite this, I am nervous!!!

Any advice, tips, things to check would be gratefully received.

Thankyou

Kerri
 

scotssteve

Member
Guidelines of Buying property in Turkey
Hi Kerri,

POA notwithstanding would you not rest easier if you could come out and complete for yourself?
If you do then you can choose your own translator, not pay until you see the tapu and habitation delivered into your own hands.
On the subject of transferring money - I allways use internet banking (my accounts in both countries) - its cheap and takes 2-3 working days.

Hope this helps
 

akbukowl

Member
Guidelines of Buying property in Turkey
try not buying in turkey at the place is full of fraudsters o at the very least use someone like cresent homes
 

tosmur

Member
Guidelines of Buying property in Turkey
These might be useful:
Check that there are legally notorised accounts etc. Paperwork!
Check that the property management company is happy to answer questions if not they may have something to hide.
 

tosmur

Member
Guidelines of Buying property in Turkey
It is sometimes better to use a solicitor from a different area - less chance of back handers and dodgy deals.

Agent we used suggested this to us
 

Tommie

Sun Worshipper
Guidelines of Buying property in Turkey
Be extremely wary of whatever you do.

You don't need a solicitor to purchase in Turkey.
If you do have one, then don't pay him until you see the tapu and habitation certificate.
Ensure the utilitiies are in your name.
Check that you have a licence for the swimming pool, if you have one.

Basically, if you trust them with your life, then go ahead.

There are a lot of topics on the forum about people who have had problems.
There are honest solicitors, but there's a few dishonest ones as well, most of which have an alleged frieridship with the builders and emlaks.
 

kerri

New Member
Guidelines of Buying property in Turkey
Thank you so much to those of you who took the time to give me the useful advice, I really appreciate it. I have a strong feeling that all is well and I am just having last minute nerves as a large sum of money is about to leave our hands. All the things that you have mentioned seem to be either in place or underway. Fingers crossed all will be fine.
 

newhorizon

"Light Years Away"
Guidelines of Buying property in Turkey
Perhaps you could add that any contract drawn up, usually by the sellers' solicitor, should be notarised otherwise it is not worth the paper it is written on. It is not sufficient to rely on this contract as a declaration of intent. Under Turkish law, this is inadmissable.

Maisie

Excellent point Maisie.

Without contracts being notarised, they are nothing more than Sales Agreements usually outlining the stage payments and time scales, and even if they mention guarantees, such build guarantee, if the builder does not hand over, facilities on site etc mostly they are all meaningless and completely worthless. The only thing they ensure is the builder gets their payment!

Another factor, worth mentioning especially for foreign buyers is if the Military clearance is not granted any monies paid e.g deposit should be refunded, this needs to be worded and agreed and put into the notarised contract.

If buying off plan (not advisable) but if you are, then as an extra measure you place a charge on the land, known as ipotek especially if you are doing staged payments and if the builder does not agree, walk away.

Details need to be checked regards implications whether place has Kat Irtifaki and no habitation licence, if there is a pool on site, does it have planning permission? licence, etc.

Again, don't just take the seller's/builder/agents/translators word for it ask to see documents yourself and check out directly with Tapu office. Nobody is working for you, you have to do it yourself. Many people think if they use a translator you'll be fine, often these are working for builder and even independant ones are only translating, not doing actual checks. Learn the some keywords as mentioned in this thread, in Turkish, check the documents yourself, and if in doubt ask your questions to a translator so they can put your questions/ doubts across.

You owe it to yourself to protect yourself.

Done correctly, with the full knowledge and protection Property purchase can be done successfully in Turkey. Don't think speaking english or having a glossy website necessarily means it's someone you can trust, as they sound familiar e.g can speak english or website is in english. That's all part of the homing in skills.

[I can see notarised sales contracts are added in this thread guidelines but think that point needs emphasizing further, incase anyone misses that, thanks]
 

clayballs

Member
Guidelines of Buying property in Turkey
Hi ScottSteve , Im so glad we read your comments and knowledge of buying selling and POA

It puts our minds at rest knowing what to do regarding selling and been there in Turkey to make sure every thing goes to plan instead of worrying in the UK wondering if your going to be ripped off.

But I'm sure the guy that is waiting for their money to go into his account will work well ......
 

newhorizon

"Light Years Away"
Guidelines of Buying property in Turkey
Another point that I forgot to mention in my earlier post on this thread is this:

* If you are paying in a foreign currency e.g Sterling pounds, Euros etc make sure your contract states exactly what price that is in Turkish lira. Or sometimes if people can get an exchange rate fixed e.g. thru' MoneyCorp for example at 2.80 lira to £1 this can be stated in the Tapu.

If not specified, sometimes builders apply low exchange rates so the value in turkish lira on your Tapu is a lot lower than you thought it would be. Agree a price in turkish lira in your notarised contract.

Some builders hide their tracks and sometimes insist the last payment is in cash to get tapu, keep the original contract, all e-mails etc IF this happens. But don't do it this way as always transfer thru' the bank where you have a record.
 

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