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Old 7th May 2009, 23:53   #1 (permalink)
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Re: Builder run around

My lawyer explained everything to me clearly while i was in a process to buy my apartment from Didim.

1- According to Turkish Laws and regulations we (as foreigners) are not allowed to buy a land or a property (apartment, villa, etc.) until we receive the military clearance (military permit document) from Aegean Military Command Center.

2- There are only 2 legal ways to buy a land or property in Turkey.

If you are foreigner and if you already received your military permit for your property (if you don't have military permit this means you are not legally allowed to buy that property or land);

a)First one is direct sale from title deed registration office. Basically you go to title deed registration office, pay the money to the land owner there, shake hands, sign the relevant paperwork, pick up your title deed in the name of yourselves.

b)Second way is signing an agreement at the notary public. If you are not going to pay the full amount at once, people in Turkey prefers to sign an agreement to specify the terms and conditions of purchase process.

To follow these 2 ways, as i mentioned before, you must, you should have the military permit for your property from Aegean Military Command Center.


So why are we signing agreements at solicitor' s (lawyer's) office? Are they illegal?

Well yes they are illegal but we don't have much choise too. According to Turkish Law and regulations, if you don't follow abovementioned ways, it is really hard to sue your builder or seller or estate agency if a problem occurs. But as most of you may already know military clearance process takes 4 months to 8 months. So during this period builders or landowners don't want to wait for 8 months to receive their money. Also we don't want to wait 8 months to move into our dream home.

So what do we have to do?

First find a good solicitor for yourselves. If you sign a property sales agreement at a solicitor's office, yes it is illegal but if you sign a trust agreement (you can get details from your solicitor as i am not really an expert), it is legal. But just signing a trust agreement is not ENOUGH to guarantee yourselves against builder. Also put a charge on the TAPU (title deed) of property. Sign a trust agreement, and put a charge with the amount you are paying to buy the property on the TAPU (title deed) of the property in the name of yourselves by paying 1% (i am not sure about the cost) of the property to title deed registration office. (If you are paying 50.000 GBP, put a charge with a valuation of 50.000 GBP so your builder can't sell that property to anyone else until he pays that 50.000 GBP to you)

Please guys while spending 50.000 GBP for an apartment or a villa or for whatever, stop thinking about paying that 500 GBP (1%) and PAY IT!! to put your charge on TAPU. Yes maybe you are spending 500 GBP more during your purchase process but maybe by this way you are saving your 50.000 GBP. Of course decision will be yours.

OTHER IMPORTANT ISSUES

** Let your solicitor check the TAPU (title deed) info from title deed registration office to understand if there are any charges or debts on it and learn the current owner of the property.

** Sign your agreement with the owner of property. Or at least with someone who has authorization (with power of attorney obtained from a notary public) to sign agreements behalf of owner.

IMPORTANT !!

While transfering the money to land owner's or builder's bank account, be sure that that account belongs to the right person. Do not pay the money to the estate agency. Pay directly to the land owner or builder. While sending the money always give details like:

"I am transfering this ...... (amount) GBP to ......(builder or land owner' name) for ...... (site name) Site Block ..... Apartment Number ......"

If you are paying directly to the builder by hand, always get a receipt from him. If that is real person only signature is enough. But if that is a company, also get the company stamp on that receipt.

It is always much better to transfer monies by a bank transfer if you are sending the money to correct person.


And please try to find a lawyer at least as good as mine

Kind Regards..

Last edited by Nowai; 8th May 2009 at 11:38..
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Old 8th May 2009, 20:22   #2 (permalink)
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Re: Property purchase - steps to follow

Hello Nowai. How do you find a lawyer as good as yours? Very informative and detailed article,Derek.
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Old 15th November 2011, 12:19   #3 (permalink)
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Re: Property purchase - steps to follow

Who can illuminate me here ... as I can't quite grasp this military clearance issue.

There a house I plan to buy in Gumusluk directly from the current owner / occupant. Do I need military clearance before I can buy? Or can we go straight to the Tapu Office and transfer the deed from her to me. If yes, why is military clearance needed at all?

Assuming I can transfer the deed' electricity, water,etc., to my name, can I apply for military clearance afterwards?

Or does the ownership of the property hang in some kind of vacuum until I get the clearance?

Clarification much appreciated

Neil
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Old 15th November 2011, 12:21   #4 (permalink)
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Re: Property purchase - steps to follow

You can't get the tapu transferred into your name until you have had the military clearance done.

No tapu = no ownership
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Old 15th November 2011, 12:33   #5 (permalink)
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Re: Property purchase - steps to follow

Go to noter take out an ipotek on the property pay the money over to the seller and apply for your military clearance.
Or if you have a very trusting Turk friend get them to buy it in their name so the Tapu can be transferred the same day to them i use a emlak friend of mine to do this for me .

Last edited by altinkum kev; 15th November 2011 at 12:36..
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Old 15th November 2011, 12:49   #6 (permalink)
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Re: Builder run around

Quote:
Originally Posted by Nowai View Post
My lawyer explained everything to me clearly while i was in a process to buy my apartment from Didim.

So why are we signing agreements at solicitor' s (lawyer's) office? Are they illegal?

No they are not 'Illegal' per say, they just aren't worth the paper they're written on!

So what do we have to do?
First find a good solicitor for yourselves. That's a damned sight easier said, than done!

If you sign a property sales agreement at a solicitor's office, yes it is illegal but if you sign a trust agreement?? (you can get details from your solicitor as i am not really an expert) it is legal. But just signing a trust agreement is not ENOUGH to guarantee yourselves against builder. Also put a charge on the TAPU (title deed) of property. Sign a trust agreement, and put a charge with the amount you are paying to buy the property on the TAPU (title deed) of the property in the name of yourselves by paying 1% (i am not sure about the cost) of the property to title deed registration office. (If you are paying 50.000 GBP, put a charge with a valuation of 50.000 GBP so your builder can't sell that property to anyone else until he pays that 50.000 GBP to you)


OTHER IMPORTANT ISSUES

** Let your solicitor check the TAPU (title deed) info from title deed registration office to understand if there are any charges or debts on it and learn the current owner of the property.

** Sign your agreement with the owner of property. Or at least with someone who has authorization (with power of attorney obtained from a notary public) to sign agreements behalf of owner.

To make ANY contract in Turkey legally binding, the contract/sales agreement MUST itself, be Notarised & translated into Turkish

And please try to find a lawyer at least as good as mine

Who & where is your lawyer

Kind Regards..
Some, good advice there nowai, but not all that you've written is (imo) correct. The most notable being, having your contract/sales agreement notarised.

PS, welcome to the forum
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Old 15th November 2011, 13:19   #7 (permalink)
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Re: Property purchase - steps to follow

Thanks all. Will do it in my fiance's name for now, but will there be any sales tax if it gets transferred to me later?
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Old 15th November 2011, 13:39   #8 (permalink)
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Re: Property purchase - steps to follow

Quote:
Originally Posted by Neil_Gumusluk View Post
Thanks all. Will do it in my fiance's name for now, but will there be any sales tax if it gets transferred to me later?
Afraid so Neil

Apart from the extra costs involved, I would never reccommend putting a property into anyone else's name!!
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Old 4th March 2012, 22:13   #9 (permalink)
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Re: Property purchase - steps to follow

1- According to Turkish Laws and regulations we (as foreigners) are not allowed to buy a land or a property (apartment, villa, etc.) until we receive the military clearance (military permit document) from Aegean Military Command Center.
Can someone point me to a link or explain how one applies for military clearance? If the property in question is in a restricted area is the application automatically denied so there is no need to apply?

Thanks in advance
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Old 5th March 2012, 13:22   #10 (permalink)
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Re: Property purchase - steps to follow

Type in "Military Clearence" into the search box at the right-hand top of this page. It will bring up all the information that you need. You may have to thrawl though a bit.

Mary.
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