ger78

Member
Title deeds question
Hi,

I bought an appartment off-plan in Bodrum area. I got the keys last year and the first of the title deeds (kat irtifaki title) have finally arrived. The second title deed (kat mulkiyeti title) for the development will not be available for at least 3-4 months so I won't be getting the habitation cert for a while.

My contract states that the final stage payment is due on title deed transfer. It does not state which title deed.

My solicitor is demanding this stage payment asap now and miscellaneous expenses to "oversee the exchange of title deeds in my name" but I feel I should wait until ....
1. the developer sends notification requesting this final stage payment and not the solicitor as is normal in EU.
2. the second title deed is transferred. (I prefer this option as money is tight at the moment).

I'm slow to trust the solicitor because of the ridiculous fees I already needed to pay them but at least I have a signed declaration that they will not charge anything further for acting on my behalf to fulfill the purchase.

I will be discussing with a developer friend of mine but I would like anyone on this forum to advise whether I should I hold out or pay the final stage payment?
Thanks a mil,
Ger
 
Last edited:

cheeky chops

lifes a beach
Title deeds question
hi
ger rangers by any chance


to my knowledge there is only one tapu just depends which box is ticked at the stage of granting it to you .if the hab cert was not applied for when given to you then the box will be ticked as you have already said for KAT IRTIFAKI as hab cert no applied for even when the hab cert is obtained you only keep the tapu you have now but you will have the hab cert with it if its a single build and a copy of the hab cert if on a complex

we have our tapu the hab cert was not appplied for at the time of issue so the box is ticked for the land only

if it says in your contract you pay the final fee's on transfer of title deed then that is now as you now have the tapu

if you pay to the solicitor or developer thats your chioce but solicitor in my eyes is the bettter option

i dont think any developer would wait until the hab cert is given for the final payment to be paid this can take years

as for the fee's didnt you get this in writing before you started proceedings

the fee's for the title deeds are charged on the declared value so didnt you have a rough idea on what they were to be anyway you know how much you paid for the property + roughly 3% if the full value is declared on your tapu

i am sure i will be corrected if wrong

cheeky chops
 
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Darren

Member
Title deeds question
You can get a new Tapu certificate anytime- if there have been changes on the underlying title registered at the land registry, the changes will be recorded on the new Tapu each time you take a new one out , up to that date. Your probably right about point 1., Ger, but in any case you need to get a legal advisor that is not clearly suffering from conflicts of interest, to look over your contract and advise you. There's no substitute for independent professional advice- PM me and I can recommend a solicitor or Bodrum Kapital can recommend or on this forum there are several that have been recommended - be wary of advice received on these forums as it is likely to be misleading- mine included- only you know the full circumstances -there are fairly standard contracts that can protect you and make clear the process for making the final payment -chances are you havent got one of these - there's a reason why the law has provided for a kat muliyeti registration on the Tapu, so maybe you should ask the solicitor why he/she doesn't just follow it - usually its the developer that doesnt want to complete all the paper work and pay the taxes etc to get the permits - if the solicitor is asking for the money, that perhaps raises other questions- I heard solicitors weren;t permitted under the Turkish law to hold client money- its not like in the UK - you should be making your payments direct to the developer through some form of receipted and agreed procedure probably -aqnd most defintely through a bank I would have thought- have a look at some other threads where this has been discussed.
 
Title deeds question
ger78 said:
Hi,

I bought an appartment off-plan in Bodrum area. I got the keys last year and the first of the title deeds (kat irtifaki title) have finally arrived. The second title deed (kat mulkiyeti title) for the development will not be available for at least 3-4 months so I won't be getting the habitation cert for a while.

My contract states that the final stage payment is due on title deed transfer. It does not state which title deed.

My solicitor is demanding this stage payment asap now and miscellaneous expenses to "oversee the exchange of title deeds in my name" but I feel I should wait until ....
1. the developer sends notification requesting this final stage payment and not the solicitor as is normal in EU.
2. the second title deed is transferred. (I prefer this option as money is tight at the moment).

I'm slow to trust the solicitor because of the ridiculous fees I already needed to pay them but at least I have a signed declaration that they will not charge anything further for acting on my behalf to fulfill the purchase.

I will be discussing with a developer friend of mine but I would like anyone on this forum to advise whether I should I hold out or pay the final stage payment?
Thanks a mil,
Ger

The first question that springs to mind is who suggested the Solicitor? If it was the Constructor then they might be acting on behalf of the Builder?????????
It is a regular occurance that habitation certificates are not issued until 3+ months after completion I know a couple of large complex about 4 years old that still are with out this certificate.
Are you happy with your home? Have all the snags been sorted out? If yes then I would pay the solicitor and then you can happily live in your home with security that you have a lovely home and it is legally yours.
 

cheeky chops

lifes a beach
Title deeds question
Darren said:
You can get a new Tapu certificate anytime- if there have been changes on the underlying title registered at the land registry, the changes will be recorded on the new Tapu each time you take a new one out , up to that date. Your probably right about point 1., Ger, but in any case you need to get a legal advisor that is not clearly suffering from conflicts of interest, to look over your contract and advise you. There's no substitute for independent professional advice- PM me and I can recommend a solicitor or Bodrum Kapital can recommend or on this forum there are several that have been recommended - be wary of advice received on these forums as it is likely to be misleading- mine included- only you know the full circumstances -there are fairly standard contracts that can protect you and make clear the process for making the final payment -chances are you havent got one of these - there's a reason why the law has provided for a kat muliyeti registration on the Tapu, so maybe you should ask the solicitor why he/she doesn't just follow it - usually its the developer that doesnt want to complete all the paper work and pay the taxes etc to get the permits - if the solicitor is asking for the money, that perhaps raises other questions-

I heard solicitors weren;t permitted under the Turkish law to hold client money- its not like in the UK - you should be making your payments direct to the developer through some form of receipted and agreed procedure probably -aqnd most defintely through a bank I would have thought- have a look at some other threads where this has been discussed.

daren
the point you make about solicitors "its not permitted" or they are not allowed to hold money is not true it is not illegal in turkey.
i have read many cases on here and heard many stories off peope who have not used a solicitor and have paid direct to the agent and the money has .. gone missing and would strongly recommend to pay the solicitor not the agent .
cheeky chops
 
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ger78

Member
Title deeds question
I'll seek opinions from people outside this forum before deciding my next step. Researching what you're paying for is so important in Turkey, as we all know :) Thanks a million for your replies. You've all been a great help.
Ger
 

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