Contract for the purchase and sale of real estate in Turkey

The purchase and sale transaction of apartments in Turkey consists of several successive stages. One of the most important steps — This is the preparation of a formal agreement to confirm the seriousness of your intentions, transfer of collateral and fix all the conditions for the acquisition of real estate.

A contract for the sale and purchase of an apartment in Turkey is drawn up in accordance with the general provisions of Turkish law and imposes certain legal consequences on the parties to the transaction. Read about this and much more in our expert publication.

Content of the article:

Turkish legislation on contracts for the sale and purchase of real estate

Real estate purchase agreement — This is an agreement between the seller and the buyer. Under the terms of the contract, the buyer undertakes to pay the seller a fixed amount in exchange for re-registration of ownership in his name.

When drawing up the document, the provisions of the Civil Code of the Republic of Turkey and the law on real estate registration are taken into account. If legal standards are not followed, the contract will be considered legally invalid. Therefore, it is very important to approach the preparation of the contract as responsibly as possible and familiarize yourself with Turkish legislation.

Consider the main rules:

  1. In accordance with Article 213 Turkish Civil Code, a contract for the purchase of an apartment in Turkey is valid if it is drawn up and certified as required by law.
  2. According to Article 26 Law No. 2644 “On state registration of ownership of real estate and transactions with it” (original name “Tapu Kanunu”), agreements on the transfer of ownership of real estate, as well as other rights (such as transfer on security or in mortgage, for temporary or permanent use) are legal if they were registered in the Cadastral Chamber («Tapu Sicil Müdürlüğ»). That is, this is the only possible legal option for the lawful sale and purchase of real estate.
  3. Articles No. 60, 89 Law No. 1512 “On Notaries” determines the type of real estate transaction. Thus, the contract contains information about the conditions that both parties must fulfill. That is, the intention to transfer ownership of property from the seller to the buyer. In turn, according to the terms of the contract, the buyer, by signing the document, officially confirms his desire to buy the apartment.
  4. A contract for the sale and purchase of real estate in Turkey receives legal force only if it has been certified by a notary. A well-drafted document that takes into account all the conditions of sale and purchase, provides information about the apartments, — the key to a successful transaction.
  5. It is important to know that when concluding an agreement, the seller’s presence of TAPU is not mandatory. Example — participation in shared construction. The developer and the owner of the land plot enter into a construction contract, under the terms of which the customer of the work (land owner) has the opportunity to pay with finished apartments in the residential complex. All conditions are specified in the schedule of contract work and mutual settlements. Thus, in order to attract third-party investments, a developer can enter into notarial contracts with investors without yet having ownership rights to these objects. For foreign citizens, this is one of the easiest ways to purchase Turkish housing at affordable prices.
  6. An agreement for the acquisition of real estate can be concluded between the parties to the transaction or their attorneys under a notarized power of attorney. If the seller does not yet have ownership rights, the contract is registered only in his presence.
  7. After registration with the Cadastral Directorate (TKGM), according to paragraph 2 of Article 1009 of the Civil Code of the Republic of Turkey, fulfillment of obligations under the contract can be demanded even from third parties who will subsequently become owners of the property. This is additional insurance for the investor if he pays in the form of an advance payment.
  8. If the terms of the contract have not been fulfilled within five years from the date of its registration with the Cadastral Department, the document will be deleted from the electronic database.
Examples of real estate in Turkey

69 000

Kestel district, layout 1+1, area 50 m², year of construction 2024, to the sea 100 m, to the center - 500 m, unfurnished.

room

1+1

area

50 m²

id

9864

Bright 2+1 apartment with two balconies 150 meters from the sea, in a modern complex with a swimming pool and water park in Mahmutlar.

room

2+1

area

75 m²

id

9863

Mahmutlar area, layout 2+1, area 110 m², year of construction 2006, to the sea 500 m, to the center - 400 m, unfurnished

room

2+1

area

110 m²

id

9862

Fully furnished 1+1 apartment in bright colors, with a spacious kitchen-living room, 150 meters from the beach in Mahmutlar.

room

1+1

area

50 m²

id

9861

Incredibly great deal in a new stylish home

room

1+1

area

60 m²

id

9860

107 000

Modern and fully furnished 2+1 apartment with two bathrooms, 300 meters from the sea in Kargicak.

room

2+1

area

105 m²

id

9859

Citizenship
4+1 Villa 360 m² with panoramic sea and castle views in Kargicak-id-9858-photo-7

900 000

Luxury 4+1 villa with private pool, modern furniture and stunning views of the sea and the historic fortress.

room

4+1

area

360 m²

id

9858

66 000

1+1 apartment with a well-thought-out layout, modern furniture and bright interior in Kargicak, just 600 meters from the sea.

room

1+1

area

55 m²

id

9857

231 000

Own house by the sea in an open area for residence permit in Turkey

room

3+1, Duplex, Penthouse

area

240 m²

id

9856

122 000

Stylish complex with a swimming pool in an open area for residence permit

room

1+1

area

56 m²

id

9855

187 000

Tosmur district, apartment 2+1, area 110 m², year of construction 2009, distance to the sea - 400 m, to the center - 200 m, suitable for residence permit from the end of September.

room

2+1

area

110 m²

id

9854

110 000

Popular area Mahmutlar, apartment 1+1, area 55 m², year of construction 2016, distance to the sea - 300 m, to the center - 150 m.

room

1+1

area

55 m²

id

9853

108 000

Furnished apartment 1+1, 70 m², built in 2016, 3rd floor, distance to the sea - 250 m, to the center - 350 m.

room

1+1

area

70 m²

id

9852

Mahmutlar, apartment 2+1, 110 m², built in 2008, 5th floor, distance to the sea - 500 m, to the center - 250 m.

room

2+1

area

110 m²

id

9851

Mahmutlar is a furnished 1+1 apartment with an area of 55 m², located on the 8th floor of a residential complex with developed infrastructure. Year of construction - 2015. To the sea - 600 meters, to the center - 300 meters.

room

1+1

area

55 m²

id

9850

Complex with hotel infrastructure in the Mahmutlar area, 600 meters from the coast

room

2+1

area

110 m²

id

9849

203 500

Stylish project with hotel infrastructure for comfortable living

room

2+1

area

120 m²

id

9848

126 500

Kargicak district - 2+1 apartment, 110 m², furnished, built in 2010, located on the 2nd floor, 200 m from the sea and 100 m from the center.

room

2+1

area

110 m²

id

9847

121 000

Kargicak area, furnished 1+1, 50 m², year of construction 2023, to the sea 1500 m, to the center 1250 m

room

1+1

area

50 m²

id

9846

253 000

Stylish and cozy house right on the seashore with developed infrastructure

room

3+1

area

150 m²

id

9845

See more

Important! Any other form of contract for the purchase or sale of real estate is legally void from the moment it is entered into. In particular, we are talking about oral agreements, documents drawn up in a simple form, certified only by a notary and/or translator, as well as any other organization or person. Such legally void agreements are invalid for all aspects related to the purchase and sale of real estate, including the terms of the transaction and penalties. That is, in this case, only voluntary, but not forced, fulfillment of the terms of the contract is possible (with the exception of the return of the amount already paid).

Contract for the purchase and sale of real estate in Turkey

Preparation for concluding a contract

The first thing that interests an investor after he has decided on the choice of an object is — what documents are needed to buy an apartment in Turkey. In order to conclude a contract, the buyer only needs an international passport and a deposit amounting to 5–10% of the total cost of the property.

With regard to preparation for concluding an agreement, the parties should agree on the amount and method of payment, rights and obligations, penalties in case of failure to comply with the terms of the agreement.

At the time of signing the contract, the buyer makes a deposit. Thus, he confirms the seriousness of his intentions and is guaranteed to become the only contender for the property under the contract.

In most cases, the contract for the purchase of property in Turkey is tripartite. The third party is a real estate company that performs intermediary functions. This form of cooperation is the most acceptable for both parties to the transaction, since the agency protects the rights of the investor and the seller, undertakes to check the legal purity of documents and facilitates the receipt of all documentation for the transfer of ownership of housing.

Contents of the purchase and sale agreement

Standard information, the presence of which is mandatory in any purchase and sale agreement:

  • Passport details of the seller and buyer.
  • All information about real estate, including the number and purpose of premises, floor, building characteristics, construction date or completion date of construction work and issuance of a technical certificate (if purchased in a new building) and other data.
  • Cost and method of transferring payment to the seller.
  • Obligations and rights of the parties.
  • Fines in case of failure to comply with the terms of the contract.
  • Legislative norms.

Legal consequences of the concluded agreement

According to the laws of Turkey, the following legal consequences apply to the concluded contract for the purchase of real estate:

  • Ownership is not transferred to the buyer.
  • A correctly concluded contract guarantees the buyer the right to insist on the transfer of ownership by the seller.
  • If the owner has not transferred ownership, the apartment can be re-registered in the name of the buyer by court decision.
  • Design TAPU in Turkey or Turkish title is handled by the only government agency — Cadastral Chamber
  • The future owner, even having a concluded contract in hand, does not have the right to evict tenants or other persons from the property being sold. Only the owner has the right to do this.
Examples of real estate in Turkey

69 000

Kestel district, layout 1+1, area 50 m², year of construction 2024, to the sea 100 m, to the center - 500 m, unfurnished.

room

1+1

area

50 m²

id

9864

Bright 2+1 apartment with two balconies 150 meters from the sea, in a modern complex with a swimming pool and water park in Mahmutlar.

room

2+1

area

75 m²

id

9863

Mahmutlar area, layout 2+1, area 110 m², year of construction 2006, to the sea 500 m, to the center - 400 m, unfurnished

room

2+1

area

110 m²

id

9862

Fully furnished 1+1 apartment in bright colors, with a spacious kitchen-living room, 150 meters from the beach in Mahmutlar.

room

1+1

area

50 m²

id

9861

Incredibly great deal in a new stylish home

room

1+1

area

60 m²

id

9860

107 000

Modern and fully furnished 2+1 apartment with two bathrooms, 300 meters from the sea in Kargicak.

room

2+1

area

105 m²

id

9859

Citizenship
4+1 Villa 360 m² with panoramic sea and castle views in Kargicak-id-9858-photo-7

900 000

Luxury 4+1 villa with private pool, modern furniture and stunning views of the sea and the historic fortress.

room

4+1

area

360 m²

id

9858

66 000

1+1 apartment with a well-thought-out layout, modern furniture and bright interior in Kargicak, just 600 meters from the sea.

room

1+1

area

55 m²

id

9857

231 000

Own house by the sea in an open area for residence permit in Turkey

room

3+1, Duplex, Penthouse

area

240 m²

id

9856

122 000

Stylish complex with a swimming pool in an open area for residence permit

room

1+1

area

56 m²

id

9855

187 000

Tosmur district, apartment 2+1, area 110 m², year of construction 2009, distance to the sea - 400 m, to the center - 200 m, suitable for residence permit from the end of September.

room

2+1

area

110 m²

id

9854

110 000

Popular area Mahmutlar, apartment 1+1, area 55 m², year of construction 2016, distance to the sea - 300 m, to the center - 150 m.

room

1+1

area

55 m²

id

9853

108 000

Furnished apartment 1+1, 70 m², built in 2016, 3rd floor, distance to the sea - 250 m, to the center - 350 m.

room

1+1

area

70 m²

id

9852

Mahmutlar, apartment 2+1, 110 m², built in 2008, 5th floor, distance to the sea - 500 m, to the center - 250 m.

room

2+1

area

110 m²

id

9851

Mahmutlar is a furnished 1+1 apartment with an area of 55 m², located on the 8th floor of a residential complex with developed infrastructure. Year of construction - 2015. To the sea - 600 meters, to the center - 300 meters.

room

1+1

area

55 m²

id

9850

Complex with hotel infrastructure in the Mahmutlar area, 600 meters from the coast

room

2+1

area

110 m²

id

9849

203 500

Stylish project with hotel infrastructure for comfortable living

room

2+1

area

120 m²

id

9848

126 500

Kargicak district - 2+1 apartment, 110 m², furnished, built in 2010, located on the 2nd floor, 200 m from the sea and 100 m from the center.

room

2+1

area

110 m²

id

9847

121 000

Kargicak area, furnished 1+1, 50 m², year of construction 2023, to the sea 1500 m, to the center 1250 m

room

1+1

area

50 m²

id

9846

253 000

Stylish and cozy house right on the seashore with developed infrastructure

room

3+1

area

150 m²

id

9845

See more

These materials have been prepared for informational purposes and are not of a commercial nature.

Point Property — is a certified real estate agency that specializes in providing a full range of real estate services for residential and commercial real estate transactions in Turkey. Our company takes care of all the organizational aspects of a real estate transaction: searching for an object, organizing a sightseeing tour, assistance in collecting documents and checking the legal purity of documentation, support in re-registration of ownership. In addition, we provide our customers with a wide range of after-sales services.

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