Conveyancing in Turkey

Purchase Process

1. Reservation deposit

*securing the property
*freezing the price

2. Power of Attorney to lawyer

Clients decide first on which points they would like to give their lawyer a P.O.A.

* buying and selling property in the territories of Turkey
* for signing private purchase contracts
* opening bank accounts
* connecting to water and electricity utilities
* obtaining title deeds on behalf of clients
* obtaining tax number on behalf og clients
* representing clients at the court house and acting on behalf of clients in the event of any problem regarding the purchase process.

When clients are present themselves in Turkey during weekdays, the P.O.A. is given by Turkish Notary Public. First the clients passports get translated into Turkish and than the P.O.A. is drawn up. Because the P.O.A. is in Turkish, there is always an official sworn translator present to translate the P.O.A. into the language of the clients.

When clients are not present in Turkey (purchase over the phone or weekend visits),the lawyer will send the P.O.A. to the client. Clients need to go with this P.O.A. to a solicitor or a notary in country of origin and sign. Than the P.O.A. needs to be apostiled at the common wealth office if the client is a British citizen (or at the nominated institution by their government). After this the P.O.A. is sent to Turkey and is being translated into Turkish by an official sworn translator and certified at the Notary Public in Turkey.

3. Lawyer checks title deed and building licence:

Checks are:

• title deed of property is free of debts and other charges
• property is freehold property and can be purchased by a foreigner
• current ownership of the property at the land registry
• developer has all necesarry planning permissions and building licences

After all researches are being obtained the lawyer figures the outcome in legal means.

4. Private purchase contract (maximum 2-4 weeks from reservation)

If the title deeds are clear than the lawyers are drafting the contract between buyer and seller. This contract mentions:

* all details of the property
* payment terms
* current situation of the property
* completion and delivery date
* penalties for both buyer and seller
* special agreed adjustments in the property
* attaching technical specifications

This draft is made up both in Turkish as in English. The draft of the contract is sent to the client. Client reads it, if clients agree terms and conditions, than they will give the lawyers an approval and a confirmation to go ahead with the signing of the contract.The clients are sending the original signed copies by post. If the developer (seller) will agree it is also possible that a few clauses are adjusted after the client has read the contract.

5. Payment of first installment -/- reservation fee

Lawyers can arrange several payment options upon purchaser’s preferences as follows:

* If clients have their own bank account all ready in Turkey, or have given their lawyer P.O.A. to open up one. The first installment is send to their own account. From here it is transferred to the seller on the day of signing the contract.

* First installment is send to the lawyers clients account. From here it is transferred to the seller on the day of signing the contract.

* Rest of the stage payments till completion can be made through the clients own opened bank account.

6. Applying for Millatary approval to the relevant municipality

Government checks as to whether the property is not in a:

* military zone
* protected area
* forest area
* village area without cadastral division
* the military zones are determined by Turkish Army.

7. Independent surveyor (optional)

When the second payment till last payments of the property are due. Clients have the option to hire an independant surveyor between 150 -300 euro's for a full report on the property they have purchased. If report is positive they can procede with payments.

8. Transferring and registering of title deeds (Tapu)

After obtaining the ”no objection to buy permission from the Army” and the last payment/ full amount has been paid to the seller. The title deed transfer takes place at the Land Registery Department. For realising this registration both the buyer (or legal representative with p.o.a.) and seller needs to be present at the Land Registry Department.

9. Electricity and Water connections

Lawyer conducting the subscription procedure of electricty and water on behalf of the client.

10.Guarantees

Charge:The buyer may take a charge on the title deed for protecting the payments that he has done. The charge expense shall be met by the buyer and the expense shall be 1.35% of the amount that the buyer paid.

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