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Old 12th August 2008, 20:03   #1 (permalink)
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Purchase Contract

This may have been covered somewhere on the forum, but I can't find it. Apologies if it has been sorted before.

When we bought our property, we went with the developer to a solicitor to draw up the contract. We had previously sat in his office and worked out all the "bits" which were to be included.

The contract was drawn up and translated to us for our agreement. It was then typed up in Turkish and English and both us and the developer signed all the pages.

I have had it suggested to me now that this is not worth the paper it is written on because it was not taken to the Notary office. Is this correct? Can anyone please advise me before I do anything else. Many thanks. Maisie
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Old 12th August 2008, 20:59   #2 (permalink)
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Re: Purchase Contract

All legal documents need to be notarised at the notary's office with a translator present if you can't understand Turkish, as only the Turkish document is legal.
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Old 12th August 2008, 21:07   #3 (permalink)
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Re: Purchase Contract

So is the document we have legally enforceable in view of the fact that it was notarised? Maisie
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Old 12th August 2008, 21:38   #4 (permalink)
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Re: Purchase Contract

I'm confused, in your first post you said;
Quote:
I have had it suggested to me now that this is not worth the paper it is written on because it was not taken to the Notary office. Is this correct? Can anyone please advise me before I do anything else. Many thanks. Maisie
Then you say;

Quote:
So is the document we have legally enforceable in view of the fact that it was notarised? Maisie
Was you contract notarised or not? it's only recognised in courts if it was notarised, otherwise it's an agreement, which I think can be used as evidence to support a case if there was a problem, but it's not a contract in legal terms.

p.s. I'm not a legal expert so you should seek legal advise before taking any action based on any advice you get here.
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Old 12th August 2008, 22:41   #5 (permalink)
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Re: Purchase Contract

Sorry - the document is not notarised. There is a bit of a disagreement now as to what was included in the price and what wasn't. Although the wording is clear enough to us, the developer is trying to say a part of it means something else. At the time this was drawn up, we were not aware that it needed notarising. As far as we were concerned, both parties signing this in front of the solicitor seemed good enough. We have more than stuck to our side, but problems are starting to emerge. Thanks for your advice. Maisie
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Old 12th August 2008, 22:45   #6 (permalink)
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Re: Purchase Contract

LOL...and it continues

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Old 12th August 2008, 23:12   #7 (permalink)
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Re: Purchase Contract

All contracts in Turkey, whatever they are for, have to be in Turkish and have to be notarised, if you want the Turkish legal system to require the contents to be acted upon.
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Old 13th August 2008, 01:19   #8 (permalink)
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Re: Purchase Contract

I think you need to go back to the solicitor who drew up the contract for you and get clarification, but you might get results by negotiating with the developer at this late stage especially as the contract you have is not notarised.
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Old 13th August 2008, 10:11   #9 (permalink)
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Re: Purchase Contract

[QUOTE=mushtaq
it's only recognised in courts if it was notarised, otherwise it's an agreement, which I think can be used as evidence to support a case if there was a problem, but it's not a contract in legal terms. [/QUOTE]

If; after paying all monies in the 'belief that it was a 'Contract' & not just an 'Agreement'. Does anyone know if it's possible to pursue the Tapu & not just the money paid please?
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Old 13th August 2008, 10:35   #10 (permalink)
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Re: Purchase Contract

In Turkey this is true. In some other countries a verbal agreement can be binding in court but in Turkey it has to be notorised. Which in fact may be considered a little odd in that getting a contract like this notorised is basically just stating you both agree with the contract and it's contents, that's all. I would think that if there was a contract drawn up and both signed it that it should mean the same. The notorised one insists that there be a translation though so there should be no confusion.

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