Here you will find a selection of information we feel may be helpful:

Preparing a draft contract:

The transfer of a real estate property requires a precise sales & acquisition contract for a  transfer of ownership within the Tapu Registry Office Building(Title Deeds Office). This contract is prepared for by the Title Deeds Officer. The Title Deeds Officer will also gather the necessary documents for you.
This contract does not cover the direct relationship between you and your seller. Therefore you should also sign a private and notarised contract with the seller to protect you from potential risks which may stem from the sphere of the seller or your agent. Your agent or solicitor should always be referred to in the contract and s/he should be obliged to sign the contract. Your contract should be bilingual and translated by an official translator. It should also be signed in front of a public notary and should then be notarised to ensure the signatures belong the correct persons, the contract does not violate Turkish laws and its terms are binding for all parties.

Your contract should at least include the following points, although some will not be of relevance (e.g. precautions for current tenants are void if the real estate is vacant):

• A detailed description of the property (address, TAPU details, technical conditions etc), a detailed address and contact details of the parties (including ID number of Turkish Nationals (TC Kimlik No), bar registry numbers of solicitors and the trade registry number of the real estate company or agent.

• Responisbilities and rights of the parties.

• The actual price to be paid to the seller for the property (you can only secure your rights in case of a future legal dispute this way).

• The details on the bank account of the seller, the professional or solicitor you use (one account for all payments) and the terms and conditions of each payment made.

• A Statement emphasising that the buyer and the seller will pay their own tax liabilities, so you are not forced to pay for both.

• You should also include the fees you are paying to the solicitor to secure you from charges of being involved in tax evasion, sometimes caused by these persons.

• Refund conditions in case of problems.

• Force majeure conditions, such as future legal obstacles.

• Treatment of current tenants.

• How to treat over-due debts of the current owners.

• Conditions for breakdown in negotiations for sale or purchase.

• General information flow between the parties and from Tapu Office regarding  on-going transaction, cancellation and amendment of power of attorney.

• Contract violation, contractual penalty clause and future dispute settlement.

This information is provided as a guideline only. We advise you to consult a lawyer in all circumstances prior to acquiring real estate property.