What Changes Would You Like To See For Property Purchasing

[GnD]

Your top suggestions that if implemented might make property purchasing safer.
Here are my somewhat niiave offerings;

1. Tapu on line system. This could be checked via internet for ownership details and for any debts held against the property.
2. Once sale proceeds the tapu on line is tagged with the purchasers name while being processed preventing loans against the property and by law a copy issued to both parties which both parties have to sign to remove the tag.
3. Builders should pay a % deposit upon commencement of the plot build in advance to the council for the foreseeable paperwork.
4. Online list of names of those paying deposits for new builds bought off plan prior to tapu. This would become part of the grid check list as the sale proceeds. Ie

These ideas might be ridiculous but if we got enough good ideas together we could send them to the relevant Government departments.

 

[Gin&Tonic]

I think all Tapus should be held by the Bank, when a property is sold then the sellers Bank will transfer the Tapu to the buyers Bank and when the new buyers Tapu is issued then the sellers Tapu should be destroyed. This way there will only be one Tapu in existence and should prevent the Tapu being used to gain loans etc.

 

[nanamo]

I think it should be illegal and punishable by law to sell a property or land twice over or to raise money against a property that has been sold.

 

[SuperBogs]

I think that there should be realestate lawyers that only specialize in this field. They would have to have a special certification showing this. When you find a location your interested in you simply hire one of these lawyers and they, through a signed contract developed by the government, would do every search possible to make sure the property is legal, free of debt, in the proper name, etc,etc.....these lawyers would be responsible for everything and would be paid by the government to do these complete searches. Once it's all approved and the property is in your hands with all..ALL legal documention then you would pay the lawyer a set amount detirmined by the government, part of this payment would also pay back the government for the initial amount they paid the lawyer to begin the process. These lawyers would also be responsible for their investigations and actions and understand that in clearing a property that they are open to be sued for the entire amount that was paid for the property plus any fees, including all legal fees ( including the cost of an attorney to fight the case) The reason I bring the government into pay the lawyers initially is simple. Imagine the amount of times a lawyer would run into problems and would be wasted time for them at no fault of their own. In these cases the government could then lay legal charges against these individuals plus recover their costs that were paid to said lawyers through taxes or deducions from pensions,etc.

This would be a very simple, easy method of tracking the steps taken to insure the property is indeed a clear title. It may cost a little more but it would be worth it ten fold for 99% I feel.

Bob

 

[juco]

This could be made a lot safer if the purchaser only paid say 10% deposit, this is something WE can do to reduce the financial risk, balances paid when tapu in our name. If the agents/buidlers whoever dont play ball then just tell them to P... off and buy elsewhere.

Ask almost all how they would do it if they had to go through the purchase again and many would say minimum deposit, this almost overnight would screw the big time crooks.

I would rather lose £4k than £40k

In my opinion.

 

[SuperBogs]

Juco, I hear what your saying but why have a system that makes it possible for you to lose a penny?

Give the 10% deposit to the lawyer (in trust account) and this will hold the property until all the checks are done and it's all legal.

Bob

 

[juco]

Dont disagree with you but while we wait for the authorities to do something (which maybe never) then in the meantime we can reduce the risk ourself within the system thats already in place.

The biggest problem just now is trying to convince potential buyers that the guy isn`t really his best friend and would never rip them off.

 

[Saoirse]

I dont think it can ever be made 100% safe

A lot of scepticism is required when dealing with a seller in Turkey!

 

[carolk]

Remove the military check. They do know what areas are no go zones so, just don't let foreigners buy there. We should be given the Tapu on the same day same as Turks.

 

[de1amo]

how about licensing properly qualified emlak-realtors--mine didnt have a clue about a foreignor buying a home -if they have a license to loose they might think twice

--i did rip off my seller(turkish) because she was a property dealer who was full of 'untruths' and greed-it was a business transaction to her and her instructed emlak -the thread closed before i could reply on rip offs!

 

[de1amo]

i never understand the miltary checks reason-if i was up to no good i wouldnt be getting involved in legal processes--can rent with no checks!

 

[Saoirse]

Thats a good point about some sort of tough licensing system for emlaks. Some are useless.some are great. However I still think even that isnt enough and I still think that its almost impossible to have a perfect system.

 

[les&Tasha]

I think you are all dreaming!

The only issue is the military permission. If you could get military permission in days (not months) then foreigners and Turks alike would be on a level playing field. For most tourist areas this could be done relatively quickly.

Turkish people only pay for property on transfer of Tapu. They know how the system works. Foreigners have to get military permission and this takes 3-4 months and they are pressured into parting with money before military permission comes through.

Simple rule here. Only pay a small percentage of the purchase price before MP. Secure this money via an Ipotek on the Tapu. Only pay the rest when the Tapu (and all other paperwork) is transferred to you. You don't need an avocat.

If you cant see the Tapu before you buy and check it at the Cadestre. WALK AWAY. BUY SOMETHING ELSE. Only fools buy off plan when the market is in deep depression.

Honestly it is as simple as that. Fools and their money are easily parted. Don't be a fool, educate yourself!

Les

 

[Saoirse]

I agree Les re walking away and that there has to be a degree of personal responsibility but after yesterdays contreversial thread its best not to pursue this line of posts.

 

[les&Tasha]

Philip,

Don't get me wrong, I feel sorry for the people who have been conned. I have met a few. The important thing here is not to change the system (because some of the ideas presented here are pure fantasy) but to educate potential purchasers on how property law works in Turkey!

Les

 

[carolk]

I think you are all dreaming!

The only issue is the military permission. If you could get military permission in days (not months) then foreigners and Turks alike would be on a level playing field. For most tourist areas this could be done relatively quickly.

Why am I dreaming Les?. Thats exactly what I said!.

 

[Saoirse]

Les you are of course correct

I feel its terrible the way many people have had their monies and dreams stolen by scumbags

I do not however see any system which will guarentee such rogues no longer operate

 

[carolk]

The Tapu on the same day would stop it dead.

 

[les&Tasha]

Carol,

I agree with you 100% We made the same point. We were writing our posts at the same time! Military permission available on the day of sale would stop most fraud!

Insist on seeing the Tapu before you view. This flushes out the problems at the begining.

Les

 

[SuperBogs]

I think you are all dreaming!

The only issue is the military permission. If you could get military permission in days (not months) then foreigners and Turks alike would be on a level playing field. For most tourist areas this could be done relatively quickly.

Turkish people only pay for property on transfer of Tapu. They know how the system works. Foreigners have to get military permission and this takes 3-4 months and they are pressured into parting with money before military permission comes through.

Simple rule here. Only pay a small percentage of the purchase price before MP. Secure this money via an Ipotek on the Tapu. Only pay the rest when the Tapu (and all other paperwork) is transferred to you. You don't need an avocat.

If you cant see the Tapu before you buy and check it at the Cadestre. WALK AWAY. BUY SOMETHING ELSE. Only fools buy off plan when the market is in deep depression.

Honestly it is as simple as that. Fools and their money are easily parted. Don't be a fool, educate yourself!

Les

Dreaming? I think that's a pretty rude statement. The entire system needs to be revamped, even for Turks. Look at the amount of illegal buildings that have been sold, to Turks also. I don't see what I said as dreaming but more of what needs to be done to fill the cracks of corruption and bring the industry some integrity that it and Turkey so sorely needs. Partial fixes won't work, in the end as their will always be a loophole the the corrupt emlaks and builders with expose and use as they do now, to cheat honest people from their hard earned money. Simple as that!!!

Bob