ceemac

Shake It Baby...
Property Sales Agreements
Article by Berk Cektir, Licensed Attorney, in Todays Zaman, regarding the practice, wisdom, and legal standing of signing a sales agreement (I understand this to mean for off-plan developments).

Here


C
 

Valian

Let sleeping dogs lie
Property Sales Agreements
I take it to mean ALL sales agreements.

So all the more reason NOT to hand over anything but a small amount of your hard earned cash for a deposit, then the rest at the time of receiving your Tapu.

It just confirms my previous suspicions that a sales agreement is not worth the paper it is written on.
 

Sarahlou

Member
Property Sales Agreements
Two good articles. If only I had known nearly 4 years ago what I know now, things would be very different.

Tavey
 

Valian

Let sleeping dogs lie
Property Sales Agreements
Regarding sales contracts - 2 more interesting points if things go belly up:

1. If your sales contract has NOT been notarised, a solicitor can only make a claim against the seller for the return of your cash via the courts. An un-notarised contract does not give you the right to seek your Tapu in place of cash. So if you win your case (and there are no debts already against the property), the courts can order a charge put on the property, so it cannot be sold to anyone else. But if your seller has no money and you want your money back, all that can be done is for the court to order the property to be sold at auction. Sadly of course, you willl be unlikely to get all your money back, plus you will owe the solicitor their cut.

2. If your sales contract was notarised, the solicitor can then apply in court for either your cash (as above) or for the Tapu.

So under no circumstances should you rely on your contract to provide you with a property. In my opinion, the only way to buy with confidence in Turkey (for a foreigner) is to pay a small deposit and not pay any more until your Tapu is available.

Thank goodness there are a large amount of reputable builders about, or none of us would own our property here!
 

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