Purchase contracts.are they legal?

[JIM CAMPAGNAC]

Two years ago I bought a villa from a developer in Dalaman.I was advised by both my agent and the developer that it was not necessary to employ a soliciter.I have now found that the contract is not legal as it was not stamped by a notary.Just a thought for any new brits who think like me that you are saving yourselves money.In this situation the developer is under no obligation to register the villa into my name.

 

[PASH]

It is something that has concerned me also, i signed the contract for my places in the lawyers office and has my signature, the sellers and also my lawyers on each page of the contract. It has not been notorised but my lawyer at the time assured me it was legal as signed by a lawyer and member of the bar? Is this legal?

 

[biggles]

i keep hearing that any legal document that is not notarised cannot be enforced in law . still not sure if this is true or not as luckily have not had to put it to the test . sound slike a question for C.A.B

 

[panther]

Is it not a promisary contract when not notarised\\\\\\?

 

[AndrewandSue]

If you bought a property in the UK would you not employ a solicitor? Why should it be different in Turkey?

 

[CJD]

If you bought a property in the UK would you not employ a solicitor? Why should it be different in Turkey?

But you are buying in Turkey NOT UK
Turkish people do not use solicitors for house purchases, they use a notary,
solicitors have only been doing house sales since foreigners, mainly english,
demanded it. Therefore most of them, not all, do what the emlak or developer
tell them to do.

 

[Valian]

I do hope Celtic comes on to answer this question as it's not something I've seen asked before and it would be nice to know the legal answer.

 

[teresa]

If you bought a property in the UK would you not employ a solicitor? Why should it be different in Turkey?

We bought 5 years ago without a solicitor (as that was the norm) and we had no problems. When I read these pages a lot of problems seem to come from the solicitors.

 

[Sarahlou]

Hi, my contracts were not notarised. (I had employed a solicitor). I read somewhere that emlaks and builders usually go down this path because it takes less time the main aim is to get the contract signed. The best course of action as I have now learnt would have been to have my contract notarised and to make things more secure it is advisable to put a charge on the property you are buying (this will cost more in fees in the tapu office) however unless your builder is also the land owner it is not possible to put the charge in place. If I knew 3.5 years ago what I now know I would have done things very differently. My understanding is the contract is an offer by the builder to sell a property to you (an offer to treat in the uk) unlike a contract here it doesn't stop him selling to someone else

Tavey

 

[SuperBogs]

It needs to be notorized to be legal

Biker Bob

 

[biggles]

It needs to be notorized to be legal

Biker Bob

thats what i thought .

 

[GnD]

I was informed that the contracts are very much legal.

The whole point of getting them notarised is IF you think there may be a dispute then you get them notarised in advance. This is rather costly but if notarised initially this is effectively registering them at the court ie they have "seen" and are aware of the contract. Should there be a need to pursue through the courts later on then the initial cost of getting them notarised is knocked off the costs.

If there is no dispute you waste the money getting them notarised.

hope this helps
Debbie

 

[carolk]

Yes, thats my understanding of it BB (as you know, just learning). Apparently you can do without the solicitor as long as any contract you make is notorised. Because a solicitors contract is not enforcible, they would prefer to take you to the solicitor not the notary (the builder that is).

We foreigners seem to think (me included before) that a solicitor contract was a binding one as in the UK, not so here in Turkey when it comes to conveyancing.

GnD, if you have a generic contract, an agreement between buyer and seller then have it notorised, that has to be more cost effective surely!

 

[christygee]

my husband sold his scooter he had to go to the notary otherwise the man who bought it wouldnt be the legal owner.

 

[bobthenob]

Theoretically it is possible to buy a property using the title deeds office without a lawyer.Their you will find whether the tapu is registered,where if you went through the estate agents lawyer will probably leave a trail of misery for you.

Also remember you are only the owner of that property if the property is registered at the land registry office.lf it isn’t then you must walk away.Every non corrupt lawyer knows contracts must be notarized for it to become legal.lf they say it doesn’t need the legal stamp,then l would be suspicious of this property and their actions.
Just because you are going to a lawyer doesn’t necessarily save you hassle and time,mater of speaking it can turn into a huge nightmare of what lawyer you have been referred to.
I always say to people never go with the estate agents lawyer,always go independently through strong recommendations from others in the area and on the forums.

 

[jessie1]

Is it possible to get an existing contract notorised, how would you do this and what exactly is it.

Many thanks

 

[bobthenob]

Is it possible to get an existing contract notorised, how would you do this and what exactly is it.

Many thanks

I do think you should go back to the solicitor that dealt with your sales agreement and ask him why he/she did not mention having it notorized.Their could be a dead line on the sales agreement to have it notarized by the time it was signed to the time it becomes void.
A lawyer does know that contracts must be notarized for the courts to recognize it as a legal document.

 

[SuperBogs]

I was informed that the contracts are very much legal.

The whole point of getting them notarised is IF you think there may be a dispute then you get them notarised in advance. This is rather costly but if notarised initially this is effectively registering them at the court ie they have "seen" and are aware of the contract. Should there be a need to pursue through the courts later on then the initial cost of getting them notarised is knocked off the costs.

If there is no dispute you waste the money getting them notarised.

hope this helps
Debbie

Hello Debbie
This information is incorrect. When you notorize a document your not registering it with the court. A notorized document is basically an agreement between two people that is notorized to be factual and can be used legally in court if needed to prove where one of the parties has not lived up to his/her end of the agreement. You still have to have a notorized document registered with the courts by your lawyer if you need to take it to court to fight. This is what I was told by my lawyer and is also the steps I took.

Biker bob

 

[SuperBogs]

You don't need a lawyer to buy a property in Turkey but by using a good lawyer he/she can make sure the property has a proper free and clear deed and that it is safe to buy. No fun buying a dream place in Turkey only to lear that 6 other people have also bought the same place, all because they didn't have a lawyer check into it first.

Biker Bob

 

[bobthenob]

l become very suspicious when the one's that are suppose to be helping you through the process of buying your property are telling you it is not nessasary to have it notarized.
Could it be something to do with making sure not to have it legalized,because the builder has his name on the tapu and is registered in his name and has no intention of transferring the buyers name onto the register.
A sales agreement is not worht nothing to the courts until that has been notarized.
lf a sales agreement hasn't been notarized and has been left for some time without it's legalized stamp of approval,then it is best to go to the lawyer you had this drawn up with and also the agent you bought from.l would also mention to you a visit to the C.A.B at Didim.
And also l heard you can report this to the bar association as to why the lawyer did not refer this to the notary.You could get your money back plus interest.[l read it somewhere,but can't remember where]