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After the sale and
purchase conditions are agreed upon you
and/or your Agent are advised to ask for a
copy of the TAPU (Title Deeds) and double
check whether:
1-The TAPU really belongs to the property
2-It is a residential property in a zone
covered by an Implementary Development Plan
or a Local Development Plan
3-The property really belongs to the person
who introduced himself to you as the
"owner"
4-No annotation prohibiting the
sale/purchase of the property appears on the
TAPU
5-The property complies with all regulations
6-All licenses and official permits for the
property had been properly obtained
7-The current owner does not owe taxes
anything to the Tax Office
8-The current owner owes no over-due debts
to the utility companies
Contracts are not compulsory according to
current regulations and mutual declaration
of both the buyer and seller to the TAPU
(Title Deeds) Registry Office is enough to
carry out the transfer of ownership, a
contract will allow you to protect yourself.
If you are using a real estate agent and/or
solicitor ensure the contract refers to them
and that they also sign the contract. Your
contract should include the following:
1-A detailed description of the property
(address, TAPU details, technical conditions
etc)
2-The actual price to be paid to the seller
for the property
3-The seller's bank account details for
payment
4-The agent and/or solicitors bank account
details for payment
5-The payment terms and conditions to the
seller including deposit, interim and final
payments
6-A Statement requiring the seller and the
buyer to pay their own tax liabilities
7-The fees and commissions to be paid to the
solicitor or agent
8-Under what conditions and how the money
paid by the buyer will be refunded by the
seller
9-Whether parties can give up the
sale/purchase, if so, under what conditions
this can happen
10-The rights and responsibilities of the
persons whose signatures appear on the
contract
11-ID numbers of Turkish nationals (TC
Kimlik No) who are to sign the contract, the
Barr registry number of the solicitor being
used and the trade registry number of the
real estate company
Before signing the contract have it
translated into English. Relying on only an
oral-translation may lead to unwanted
situations in the future. Sign the contract
in the presence of a notary public and then
have them notarized. This will ensure that:
1-The people signed the contract and their
signatures are genuine
2-The contract is in line with Turkish laws
and officially acceptable anywhere in Turkey
3-The terms within the contract are binding
for all parties
The next step for both buyer and owner or
their legally authorized agents is to apply
to the TAPU Office for transferring of
ownership. During the application the buyer
or their agent are to provide the local TAPU
Office with the following documents:
Buyer
1-Title Deed or a document indicating the
property's exact location (plot or parcel
number etc.)
2-2 recent passport photos of the buyer
3-Passport and/or ID Card of the buyer
Agent
1-An acceptable Power of Attorney
2-2 recent passport photos of the agent
3-Passport and/or ID Card of the agent
Upon your application the local TAPU office
will do a search on behalf of whether the
property is in a forbidden zone or not.
After military clearance has been finished
you are given an official ownership document
called the Title Deeds (TAPU). Without
having a TAPU you are never considered to
legally own the property even if you signed
a legally acceptable purchase contract with
seller.
This is to provide basic information about
the purchasing process in Turkey.
The information in this post is of a general
nature and does not constitute legal advice,
Text provided by Turkishhomes4sale.
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