celtic

Member
Recommendations On Legal Issues That The Foreigners Come Across Frequently
As well as I could observe -by the questions directed towards me- that the foreigner people are making similar mistakes while doing transactions and other kind of business in Turkey.

I've wanted to open this thread for giving general recommendations and warning to the foreigners in order to contribute the legality of their main businesses and help them not to have head ache some day as they are stated below;

1- Ask your builder/contractor to give the title/tapu of your property while buying it. Don't pay the whole price without taking the title, or place a hypothec for securing the money you payed on the property if he resists to give the tapu at first.

2- If you are buying an uncompleted apartment/house and can't make the transactions of the transferring ownership in registration office, sign a contract stamped by notary and take the receipt of the amount you payed to the builder.

3- Do never allow your builder/contractor to show a less prize in the registration records than the amount you actually payed him.

4- Take the professional support of a property agent and ask them to query whether the builder/contractor(whom you are negotiating with) has any tax and social security premium debts to the state, if you are willing to buy an apartment or a house without habitation certificate. Or else, you may be compelled to pay his debts to have this certificate or forbidden to reside in.

5- Don't transfer the properties in another (Turkish)one's name if you are not allowed to buy it as a foreigner unless he/she is a very trustful one whom you have a very deep confidence towards. Even if he/she is so trustful, bear in mind that he/she is also a mortal one who can pass away anytime as leaving your property to his/her successors behind.

6- Also bear in mind that transferring a property(which is not allowed to get owned by a foreigner) in a new founded company may cause troubles some day if you need to sell it out. A property can't be sold before 3 years passes as of the date it was registered. Besides, you'll need to pay some extra fees and charges while selling it behalf of the company.

7- Don't neglect to sign a prenuptial agreement(regarding the properties' regime between the spouses) while marrying with a Turkish national in Turkey even if you start with a huge love that you think it'll never end up. Or else, you may find yourself in a sorrow situation as loosing the half of your personal properties in a probable divorce case.

8- Remember that a woman -who has divorced from his husband- can not marry with another man unless 300 days passes as of the divorce date. They have to take a health report from a hospital through the court to prove that they are not pregnant in order to marry in this 300 days period with another man.

9- Bear in mind that wills are not difficult legal documents to get canceled afterwards unless they are drawn up as abiding by the validity conditions stipulated in the civil code. It's recommended to take the professional support from a lawyer and get the will stamped by notary while drawing it up.

10- 'Reserved portion' is a very unfamiliar instruct for British and Irish people who are not accustomed such restrictions on disposals in common law. Ask the details of this instruct to your lawyer or read the messages I've written on the pages of this forum so far in order not to leave your (immovable)assets to someone you don't wish.

11- Do never forget that every condominium owner has right to join the meetings and vote for the management committee regardless his/her nationality and no one can be deprived from this right.

12- Ask the chief manager to give a copy of the management plan of your site. Get a translation of it and read what's appropriate and inappropriate to do in the site considering that it's the 'constitution' of your site.

These are the main issues -that I'm asked questions about- that first came to my mind. I've tried to give general information and recommendation and hope to have been successful enough.

Regards.
 
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giglets

Member
Recommendations On Legal Issues That The Foreigners Come Across Frequently
Thanks for the varied information.
More of the same, please.
Keep up the good work, son!!
 

Valian

Let sleeping dogs lie
Recommendations On Legal Issues That The Foreigners Come Across Frequently
I know a few people who have done No.5 and it terrifies the life out of me. 1) Is their friend as honourable and trustworthy as they think he/she is? If he/she needs cash he could use the Tapu as collateral with a bank 2) If an accident befell the 'friend' the property would pass on to his decendents. Can't see them wanting to hand it back.
 

carolk

R.I.P
Recommendations On Legal Issues That The Foreigners Come Across Frequently
Thank you Cem, thats great advice for us all.
 

lakegl

Member
Recommendations On Legal Issues That The Foreigners Come Across Frequently
Hi
I have just got my tapus on 2 properties I bought in Akbuk. I dont have a habitiation certificate yet.
If I considered selling one of them now there are a few things I wanted to know:
Can I sell at this stage?
Would I be liable to capital gains tax or the like? (I don't know when it would be considered that I 'owned' them from. I bought them off plan in June 2007 and got the tapus in June 2009)
What other implications are there?
Any advice please?
Sorry if this has been covered - just point me in the right direction!
Thanks
Glenda
 

KKOB

Completely Chillaxed
Recommendations On Legal Issues That The Foreigners Come Across Frequently
I think I'm right in saying that, for tax purposes, your ownership commenced in June 2009 and you'll be liable for CGT for 5 years from the date on the Tapus.
 

celtic

Member
Recommendations On Legal Issues That The Foreigners Come Across Frequently
2- If you are buying an uncompleted apartment/house and can't make the transactions of the transferring ownership in registration office, sign a contract stamped by notary and take the receipt of the amount you payed to the builder.

Dear members,

I've needed to elaborate why you need to get the contract notarized while buying a property, upon receiving numerous questions regarding issues arising from lack of notarized contracts.

Bear in mind that you can not start an action without a notarized contract for registering the property in your name in case the seller eludes to transfer the ownership even if you payed the full price. You can barely file a case for refunding the amount you've payed as long as having receipts and/or bank slips but it actually can't be guaranteed to win.

It's definitely recommended to sign the contract via notary while buying properties with this reason.

Regards.
 
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Tess

Member
Recommendations On Legal Issues That The Foreigners Come Across Frequently
Thank you Cem for bringing this thread back to the top. The day you posted this I was returning from Altinkum and missed it, glad to see it now and I will copy for future reference, many thanks indeed.
 

shirley13

Member
Recommendations On Legal Issues That The Foreigners Come Across Frequently
As well as I could observe -by the questions directed towards me- that the foreigner people are making similar mistakes while doing transactions and other kind of business in Turkey.

I've wanted to open this thread for giving general recommendations and warning to the foreigners in order to contribute the legality of their main businesses and help them not to have head ache some day as they are stated below;

1- Ask your builder/contractor to give the title/tapu of your property while buying it. Don't pay the whole price without taking the title, or place a hypothec for securing the money you payed on the property if he resists to give the tapu at first.

2- If you are buying an uncompleted apartment/house and can't make the transactions of the transferring ownership in registration office, sign a contract stamped by notary and take the receipt of the amount you payed to the builder.

3- Do never allow your builder/contractor to show a less prize in the registration records than the amount you actually payed him.

4- Take the professional support of a property agent and ask them to query whether the builder/contractor(whom you are negotiating with) has any tax and social security premium debts to the state, if you are willing to buy an apartment or a house without habitation certificate. Or else, you may be compelled to pay his debts to have this certificate or forbidden to reside in.

5- Don't transfer the properties in another (Turkish)one's name if you are not allowed to buy it as a foreigner unless he/she is a very trustful one whom you have a very deep confidence towards. Even if he/she is so trustful, bear in mind that he/she is also a mortal one who can pass away anytime as leaving your property to his/her successors behind.

6- Also bear in mind that transferring a property(which is not allowed to get owned by a foreigner) in a new founded company may cause troubles some day if you need to sell it out. A property can't be sold before 3 years passes as of the date it was registered. Besides, you'll need to pay some extra fees and charges while selling it behalf of the company.

7- Don't neglect to sign a prenuptial agreement(regarding the properties' regime between the spouses) while marrying with a Turkish national in Turkey even if you start with a huge love that you think it'll never end up. Or else, you may find yourself in a sorrow situation as loosing the half of your personal properties in a probable divorce case.

8- Remember that a woman -who has divorced from his husband- can not marry with another man unless 300 days passes as of the divorce date. They have to take a health report from a hospital through the court to prove that they are not pregnant in order to marry in this 300 days period with another man.

9- Bear in mind that wills are not difficult legal documents to get canceled afterwards unless they are drawn up as abiding by the validity conditions stipulated in the civil code. It's recommended to take the professional support from a lawyer and get the will stamped by notary while drawing it up.

10- 'Reserved portion' is a very unfamiliar instruct for British and Irish people who are not accustomed such restrictions on disposals in common law. Ask the details of this instruct to your lawyer or read the messages I've written on the pages of this forum so far in order not to leave your (immovable)assets to someone you don't wish.

11- Do never forget that every condominium owner has right to join the meetings and vote for the management committee regardless his/her nationality and no one can be deprived from this right.

12- Ask the chief manager to give a copy of the management plan of your site. Get a translation of it and read what's appropriate and inappropriate to do in the site considering that it's the 'constitution' of your site.

These are the main issues -that I'm asked questions about- that first came to my mind. I've tried to give general information and recommendation and hope to have been successful enough.

Regards.
i have brought a property in side antalya ,and am having problems with it flooding ,i need to solve this and the builder-property agent is not willing to help me ,what can i do now and how much will it cost me
 

Expat2008

Member
Recommendations On Legal Issues That The Foreigners Come Across Frequently
Great stuff Celt:)
Valian, I had to do number 5 as I live in a tapu banned area. Best safeguard is to make this a business arrangement with a lawyer and make him give power of attorney to another in case anything happens to him.
 

Tes

New Member
Recommendations On Legal Issues That The Foreigners Come Across Frequently
Good advice would be appreciated. My wife and I decided it was about time to make a Will here in Turkey.We live in UK but own property jointly in Turkey so made an appointment with an Advocat.
Our estate we do not think complicated, no previous marriages or offspring to consider just the two of us and our three children.
The quote we got from the Advocate was acceptable, clinic fee Ok, translation within budget but when we got to Notary Fee we were dumbstruck. We were told the Notary Fee alone would be YTL 650 each.
This may well be right but before shelling out thought we would see what others with recent experience of Notary Fees for Will making have to say.
 

tosmur

Member
Recommendations On Legal Issues That The Foreigners Come Across Frequently
Thank you great to read information like this!
 

stuart

stuart
Recommendations On Legal Issues That The Foreigners Come Across Frequently
cem, while i find your advice to people potentially very helpful and an honerable thing to do, can i ask you about your job discription as attorney of law, are you a qualified lawyer(advocat) and registered with the bar ? if so which bar.?
the reason i ask is i believe some of your info to be inaccurate and could mislead people.
 
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celtic

Member
Recommendations On Legal Issues That The Foreigners Come Across Frequently
cem, while i find your advice to people potentially very helpful and an honerable thing to do, can i ask you about your job discription as attorney of law, are you a qualified lawyer(advocat) and registered with the bar ? if so which bar.?
the reason i ask is i believe some of your info to be inaccurate and could mislead people.

You could have learned whether I was registered in a bar or not by doing a little search on goggle, Stuart.

I sometimes ask myself why I wrote all these messages to help such biased and ungrateul foreigners in Turkey, whilst they could have also taken this help from the 'qualified' lawyers in their areas in return of hundreds of £'s per hour.

Everyone needs for an experience to come to his/her sense and this has been mine, I suppose.

Here it is for you Stuart.

KAYSERI BAROSU / Cem TÜRKTEKÝN

You can check it here. I won't write on these boards anymore, though.
 
Recommendations On Legal Issues That The Foreigners Come Across Frequently
cem, while i find your advice to people potentially very helpful and an honerable thing to do, can i ask you about your job discription as attorney of law, are you a qualified lawyer(advocat) and registered with the bar ? if so which bar.?
the reason i ask is i believe some of your info to be inaccurate and could mislead people.
Well Stuart. Now that Celtic has "resigned" from the Forum I take it you will be able to give us the benefit of your legal advice in his place.
 

suzyq

Member
Recommendations On Legal Issues That The Foreigners Come Across Frequently
Cem, Very sorry to read of your decision as you have helped a lot of people :(
 

Tommie

Sun Worshipper
Recommendations On Legal Issues That The Foreigners Come Across Frequently
cem, while i find your advice to people potentially very helpful and an honerable thing to do, can i ask you about your job discription as attorney of law, are you a qualified lawyer(advocat) and registered with the bar ? if so which bar.?
the reason i ask is i believe some of your info to be inaccurate and could mislead people.

What's the inaccurate information as I am sure myself and other members would like to know.

Are you a quailfied lawyer?

Perhaps you could have PM'd Celtic and seeked clarification on the issue?
 
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Recommendations On Legal Issues That The Foreigners Come Across Frequently
Absolutely right Tommie.

First of all Stuart questions if Cem is a qualified lawyer and then accuses him of giving inaccurate and misleading information.
Maybe he will believe Cem's credentials if he gets notice of defamation proceedings in the post.
If I could pick anyone in the whole world to libel, a lawyer certainly wouldnt be top of my list.
 

teresa

Free Thinker
Recommendations On Legal Issues That The Foreigners Come Across Frequently
Stuart has his own family legal business I believe and that is the reason for him asking. Please correct me if I am wrong Stuart.

From that aspect I hope that Celtic will realise the reason this question was asked and it was not being asked by a "normal" member with a general query. Celtic has been of great help to many people and I am unhappy at him leaving thinking we are ungrateful for his help.
 

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