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Old 20th June 2011, 12:41   #1 (permalink)
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Exclamation Guidelines of Buying property in Turkey

Things to look out for when buying property in Turkey;

• Does the property have ‘clean’ title? Is the seller authorised to sell, sometimes there can be many owners. Ensure there are no legal issues.
• Are there any debts attached to the property?
• Has the building been constructed legally?
• Is the property construction free from any defects?
• Are any other particulars being advertised true?
• Does the property have a full title, rather than a restricted title? Does it have the kat irtifaki tapu.
• Is the property a cooperative property where the cooperative has not been completed? The Tapu can't be transferred until all the site is complete. and you will be expected to continue paying the cooperative which can be substantial.
• Is the property on or near an archaeological site?
• Does the property belong to the government? If so special procedures apply.
• Is there any evidence of fraud connected to the property or owner? the property could end up being seized or auctioned off before you get the tapu.
• Is the property built in an military zone? You probably won't get the Army clearance to transfer the tapu.
• Is the existing planning status of the property clear?

Things to do when buying property in Turkey


• Deal with a reputable agent/developer, avoid freelance agents/waiters/bar men etc.
• Check the points above about the property.
• Buy a built property if possible, instead of off-plan, there is lot of choice.
• Employ services of an Independent English speaking Lawyer (not connected with the sell) so you can ask all the questions yourself directly. Make sure the checks above are done on the property.
• Ensure any sales contracts are notorised otherwise the contract is not admissible in courts if there are problems in future.
• Pay a deposit and keep a sizeable balance to pay on tapu transfer after your army clearance.
• Do not pay 100% upfront, if you must then make sure you put a large charge (Ipotek) on the property so it can't be sold off or loans taken out while you are waiting for the army clearance.
• Agree on who will pay the sales tax, usually it's 50% each, but some sellers try to pass 100% off to the buyer
• Agree on who will register the utilities (Water & Electric) in your name, and who will pay the fees.

• more to come.....
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Last edited by Mushtaq; 20th June 2011 at 19:22..
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Old 20th June 2011, 12:42   #2 (permalink)
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Re: Guidelines of Buying property in Turkey

I have started this thread as has been suggested, please add your suggestions and recommendations and I will update the 1st post, once completed I will clean it up and make it a separate sticky.
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Old 20th June 2011, 12:46   #3 (permalink)
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Re: Guidelines of Buying property in Turkey

Perhaps you could add that any contract drawn up, usually by the sellers' solicitor, should be notarised otherwise it is not worth the paper it is written on. It is not sufficient to rely on this contract as a declaration of intent. Under Turkish law, this is inadmissable.

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Old 20th June 2011, 14:33   #4 (permalink)
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Re: Guidelines of Buying property in Turkey

Is this the only way we can keep it at the top of the page?
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Old 20th June 2011, 16:26   #5 (permalink)
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Re: Guidelines of Buying property in Turkey

I have made it a sticky and also added to the left menu.
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Old 20th June 2011, 18:01   #6 (permalink)
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Re: Guidelines of Buying property in Turkey

Can I just mention that maybe any new -green - buyers may not understand what a clean title means. Maybe a little note alongside item 1 to explain might be useful.
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Old 20th June 2011, 18:29   #7 (permalink)
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Re: Guidelines of Buying property in Turkey

Ensure that utilities, such as water and electric, are registered in your name.

These are taken for granted in the UK and other European countries but fraught with problems, such as overcharging, if not carried out.


Re
Quote:
Tapu Does it have the kat irtifaki tapu?
Should this not be Kat Mult (apologies with spelling)
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Last edited by Tommie; 20th June 2011 at 18:30.. Reason: Typo
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Old 20th June 2011, 18:40   #8 (permalink)
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Re: Guidelines of Buying property in Turkey

Nice one Mushtaq.Could you amend the lawyer part to ensure he is independant and not in the pocket of the seller.
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Old 17th August 2011, 14:23   #9 (permalink)
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Re: Guidelines of Buying property in Turkey

Hi...I own an apartment in central marmaris and have only owned it one yr....Im selling through an emlak...what are the implications to selling?.....can someone give me a ball park figure on tax and sellers premiums.I realise I will pay 15% on any profit made...but do I have any furhter premiums to pay?...many thanks
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Old 17th August 2011, 14:32   #10 (permalink)
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Re: Guidelines of Buying property in Turkey

Hi Bute/Marmaris

You should be jointly liable with the purchaser for the 3.3% Tapu Transfer Tax; and of course your emlak will be looking for his fee (normally 3%) from you.

Hope this helps
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