tarka

We are due to complete on 30th June on a new apartment in Gulluk. Obviously we are concerned with the current suspension of sales to foreigners. We have conacted the lawyers who, it has to be said, have been as much use as a chocolate fireguard. We have already paid 30% with the remainder due on completion.

We asked them what would happen if the suspension hasn't been lifted. Their reply was;

"I am afraid I can not give you the timescale and if we can not complete the purchase on 30th of June, we will find the solution to sort it out in a best way."

Pearls of legal wisdom like that have really reassured us! I am presuming that the sale will not go ahead until the suspension is lifted but, to be honest, I don't feel I can rely on our "lawyers" to act in our interests.

Do people agree with me in not handing over a penny more until the suspension is lifted? Has anyone had any half decent legal advice on this matter?

CrashTester

I'm no expert but their advice sounds OK considering the situation.

Since your sales contract probably doesnt specifically outline what would happen in the event of TAPU suspension they seem to be saying they will work something out between buyer and seller. Your contract most likely does say that completion only happens on transfer of the TAPU, which was expected to be in June 30th.

Since this cannot happen you probably wont have to pay the remainder on that date but they will agree a new date with you.

In order for a contract to be valid (in UK law at least) both parties have to be able to deliver what is agreed. If the seller is no longer able to transfer the property to you and your contract specifically states that It will be as part of the sale (which it should) then the contract cannot be fulfilled.

Hope this is all correct, its only my opinion based on what Ive learned myself, your lawyer will know best.

tintagel

Tarka, it very much depends on the wording in your contract terms, especially completion dates & penalties.

Re: Good Lawyers I'll have to take a rain check on that one!!

Good Luck

tarka

The lawyer also told us that, in the event that the suspension was never lifted (unlikely, I know), we would forfeit the money we have already paid as it would not be the developer's fault.

Martyn

Is it just new comers to TLF that are spreading doom and gloom? Is it a conspiracy?

saoirse

Was the suspension not lifted yesterday?????????????

tintagel

I love a good conspiracy but Not guilty this time

tarka

Sorry, the last thing I wish to do is spread doom and gloom! Just feel a little lost with what appears (rightly or wrongly) with pretty poor legal advice. How can I be expected to pay for the apartment in those circumstances? Will the builder not be acting illegally by selling to a foreigner?

Mushroom

Tarka,

You have a Turkish lawyer and you will be paying his/her fees.
As their client it is for you to make sure that they advise and complete in your best interests.
If that means that you bombard them with e-mails and phone calls until you get what you are entitled to, then do it.
Keep a record of all telephone conversations - Who you spoke to, what time/date and the general details.
Obviously keep all e-mails, in or sent, for future reference.

Forget the British stiff upper lip, waiting nonsense, and start being a (polite) nuisance.

It is vital that you are fully aware of rights and obligations as per your contract, that cuts both ways and is the job of your lawyer to fulfill his/her obligations also.

Personally, I think your worries may turn out to be sorted and better than you think.

Good luck