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Old 14th April 2017, 10:23   #1 (permalink)
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Seashell Sitesi - Tapu

I signed a Purchase Agreement to buy a Duplex in the Sitesi, at a Lawer office and was notarised.
We put conditions in the agreement:
1- I pay a small deposit and the remaining amount will be paid when the Tapu is ready.
2- I was given the right to live in the property till we complete within 6 months.
3- we put a Penaly clause, if any party changes his mind than 10,000 will have to be paid to the other one.

6 years pass by and I still have no Tapu. Apparently, the Land owner took the builder to court for some kind of disputes between them.

I use the property for my holidays and I don't rent it out to anyone.

Few days ago, the builder rang me and says he's ready to give me a Tapu and wants the rest of the money.

He said, only me can have the Tapu but not others. There are other people still waiting for their Tapu despite most of them have fully paid the amount.

He was a bit aggressive with his phone conversation as if I don't want to complete and that I was using the property for free and, he seems to be worried that I might want to do a runner and not pay the Penaly of 10k.

Someone, in the Sitesi, actually did a runner and never completed, so he's worried I do the same.

My intention is to complete and not planning to do a runner. I like the Seashell and I'm happy to stay there.

I asked other residents, who are waiting for their Tapu, if they were called by the builder and if they were told that the Tapu is ready, none of them is aware of anything.

My questions are and I hope someone here can advice me something:
1- why only me I can have the Tapu and not others?
2- is he testing the waters to see if I'm planning to do a runner or not? Maybe he's bluffing.
3- can I ask him for a discount now properties are cheap to buy? When I bought the property was very high, similar place is selling at 30% less.
4- can he or I force the completion despite the Sales Agreement was not registered at the Land Registry Office?


I called his bluff, if it's a bluff, I wrote him an email and said I'm ready to complete, please prepare the Tapu. No replies yet.

Thank you))
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Old 14th April 2017, 10:31   #2 (permalink)
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Re: Seashell Sitesi - Tapu

Sounds a bit dodgy here. I would be careful of going it alone.
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Old 14th April 2017, 13:20   #3 (permalink)
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Re: Seashell Sitesi - Tapu

Quote:
Originally Posted by jajouz View Post
I signed a Purchase Agreement to buy a Duplex in the Sitesi, at a Lawer office and was notarised.
We put conditions in the agreement:
1- I pay a small deposit and the remaining amount will be paid when the Tapu is ready.
2- I was given the right to live in the property till we complete within 6 months.
3- we put a Penaly clause, if any party changes his mind than 10,000 will have to be paid to the other one.

6 years pass by and I still have no Tapu. Apparently, the Land owner took the builder to court for some kind of disputes between them.

I use the property for my holidays and I don't rent it out to anyone.

Few days ago, the builder rang me and says he's ready to give me a Tapu and wants the rest of the money.

He said, only me can have the Tapu but not others. There are other people still waiting for their Tapu despite most of them have fully paid the amount.

He was a bit aggressive with his phone conversation as if I don't want to complete and that I was using the property for free and, he seems to be worried that I might want to do a runner and not pay the Penaly of 10k.

Someone, in the Sitesi, actually did a runner and never completed, so he's worried I do the same.

My intention is to complete and not planning to do a runner. I like the Seashell and I'm happy to stay there.

I asked other residents, who are waiting for their Tapu, if they were called by the builder and if they were told that the Tapu is ready, none of them is aware of anything.

My questions are and I hope someone here can advice me something:
1- why only me I can have the Tapu and not others?
2- is he testing the waters to see if I'm planning to do a runner or not? Maybe he's bluffing.
3- can I ask him for a discount now properties are cheap to buy? When I bought the property was very high, similar place is selling at 30% less.
4- can he or I force the completion despite the Sales Agreement was not registered at the Land Registry Office?


I called his bluff, if it's a bluff, I wrote him an email and said I'm ready to complete, please prepare the Tapu. No replies yet.

Thank you))
Hi Jayjouz, if I've read your post correctly, the 'Purchase Agreement' was drawn up by a lawyer but never Notarised at the Notary office? If this is the case all you have is a 'Promise to sell', it's not worth the paper it's written on & has No Legal validity & is Not legally enforceable.

What you Must check out Before you do anything else is to get someone (Not the Lawyer ) to check who's name is on the Tapu, whether there are any debts/charges against the property & if it has a Habitation certificate. If you go ahead without checking this you could find yourself in a Nightmare!

Do Not part with one Lira until you have had all of the above checked. A legal Notary maybe able to recommend someone who is competent to do this for you.

In my honest opinion the builder is chancing his luck in approaching you, he may (probably) doesn't have the Tapu in his name or he has borrowed against it.......

I Was in your exact situation 12/13 years ago, including the 'Penalty clause crap' & 'builder land-owner' court cases, unfortunately I never found honest advice, it cost me my life savings.............. & 10 years of stress & heartbreak that shattered my faith in human decency. Of course I pieced all of it together - too late... Please don't make the same mistake as I did.

Any Doubts - Walk away! No property is worth gambling with your money, health or sanity - Plenty of properties are out there to buy & as you point out they are now Much Cheaper.

Good luck.

PS: Please Don't sign anything! The land-owner in my case opened a court case against me, (he had done a deal with the builder & exchanged My Tapu for more money & charges on it) he accused me of renting & not paying the rent! I had to fly over to Turkey pay out lots of dosh to lawyers, interpreters etc, etc cost me a small fortune! But luckily in court they couldn't produce Any Proof, No Rental agreement etc, but I had all the proof of payments made & the 'purchase agreement'

Big thanks to Alan (kaya old boy), who was immensely helpful & put me in touch with some decent people who managed to find out what they were up to. Hope he & Ceni are doing well x
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Last edited by tintagel; 14th April 2017 at 13:22..
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Old 14th April 2017, 14:20   #4 (permalink)
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Re: Seashell Sitesi - Tapu

If the builder has the tapu and its clear, he won't worry about you not completing, he will just sell it from under your feet because he can.

Take the advice to check out the tapu status.

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Old 14th April 2017, 16:05   #5 (permalink)
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Re: Seashell Sitesi - Tapu

Thank you Tintagel for the valuable advice... I will definitely follow your advice and check everything... He wrote me back this an hour ago:
"For deeds tranfer there is army check process, as you know. People WHO buy pruchase is check by Army,- I have never seen refused so far – but this is rule…
We have done for you I think but becouse of time limit we might do it again, for Marina I urgently need her Passport , you can send by whats up that we can try to make it ready while you are here to transfer deeds,

2- Deeds transaction, when we transfer deeds with same time or before we should get our Money first … becouse while we are selling in front of camera you will be asked by clerk “ did you get your Money, is there any problem, and you should say yes, otherwise there is no sale…
But we do not mind you can hire one lowyer they control process"

It sounds a bit fishy for me asking me for the money before anything else.
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Old 14th April 2017, 16:08   #6 (permalink)
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Re: Seashell Sitesi - Tapu

That's a load of rubbish
You are NOT asked if you have paid up front.....you pay when the deeds are in your hand
This guy can't even scam properly
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Old 14th April 2017, 16:23   #7 (permalink)
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Re: Seashell Sitesi - Tapu

I just checked the Sales Agreement.... there's is only the Lawyer stamp and our signatures on it. I don't see any Notary stamp...unless they don't stamp it and only register it in their books

Last edited by jajouz; 14th April 2017 at 16:45..
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Old 14th April 2017, 19:07   #8 (permalink)
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Re: Seashell Sitesi - Tapu

Quote:
Originally Posted by ted j View Post
That's a load of rubbish
You are NOT asked if you have paid up front.....you pay when the deeds are in your hand
This guy can't even scam properly
Just to clarify something, you ARE asked as a seller in the Tapu Office if you have received the money & many times in the past thats been the downfall of Brits losing their cash.
I only speak for Didim Tapu Office but Brits must have a translator present.Translators never used to ask that question because the "agent" told them not to ask the punter ie "we have that sorted".
Turk on Turk the same applies, that question MUST be asked. As I have pointed out on here before, the "contract" is a verbal one in the Tapu Office.

Going back to the original poster, I don't get it............is it a Sitese or a Cooperative? I could understand the landowner/builder involved on a Cooperative but not on a Sitese.
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Old 15th April 2017, 07:51   #9 (permalink)
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Re: Seashell Sitesi - Tapu

If you've only paid a small amount of deposit and had the benefit of using the property for holidays, I would consider selling your furniture and walking away ! As I see it, the others on your complex have paid in full but still have no tapu but you are the only one with money outstanding.....and he wants it !
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Old 15th April 2017, 07:55   #10 (permalink)
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Thumbs up Re: Seashell Sitesi - Tapu

Quote:
Originally Posted by Hilsjw View Post
If you've only paid a small amount of deposit and had the benefit of using the property for holidays, I would consider selling your furniture and walking away ! As I see it, the others on your complex have paid in full but still have no tapu but you are the only one with money outstanding.....and he wants it !
This advice sounds the best to me.
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