An Alanya real estate lawyer is defined as a lawyer who deals with transactions and disputes arising from real estate and construction law.
Lawyers dealing with real estate cases mostly serve property owners, real estate investors, contractors, architects, financiers, construction firms. The best real estate lawyer is a lawyer who follows the current developments in the real estate sector, has mastered real estate law, has developed himself in the field of real estate law.
As an Alanya law office operating in Alanya, we provide legal services and support to clients within the scope of real estate law.
A lawyer or a real estate lawyer is a constituent element of the judiciary, which performs a defense function both in the administrative sphere and in the judicial sphere. He specializes in guiding the practice of the legal profession in Turkey. A lawyer in Turkey has the authority to follow up any kind of case or business.
What Does Alanya Real Estate Lawyer and Title Deed Lawyer Do?
Alanya real estate lawyer and title deed lawyer provide legal security to their clients first of all. Real estate law is a law that legally protects real estate, the purchase and sale of real estate, etc. it is the branch of law that makes the necessary arrangements in its transactions. Real estate law is actually related to many branches of law such as law of obligations, enforcement law(debt collection), property law. In this sense, real estate litigation lawyers are also related to the branches of law that real estate law is related to and have access to the legislation related to them.
Real estate lawyer is the name given to the lawyer who plays a role in the protection of immovable properties such as houses, workplaces, land plots and the realization of legal transactions related to them.
The fact that the real estate and construction sector is so vibrant in our country and especially in Alanya has led to an increase in the need for real estate lawyers. The mobility in the real estate sector is also directly related to the economy and commercial life. Alanya Real estate lawyer and title deed lawyer , with the understanding of preventive law, will prevent material and moral loss by providing legal advice to his clients before the occurrence of problems.
It is understandable that most of the calls are from Antalya province, focusing on Alanya, Manavgat, Side, Mahmutlar and Gazipasa. Because lawyers dealing with real estate cases are mostly located in Antalya province today. The reason for this is that Antalya is the province in which the construction and real estate sector plays the most active role in our country.
Is it Mandatory to Hire a Lawyer in a Real Estate (Immovable) Case?
According to the current legislation, there is no obligation to hire a lawyer in any other cases, except for some criminal cases in which an Alanya criminal lawyer and the defendant must be represented. There is also no obligation to hire a lawyer in real estate cases. The parties can follow up their cases by opening them themselves. However, immovable cases are cases with many technical dimensions. The smallest procedural error made by the parties may lead to the procedural loss of the case.
Due to the importance of real estate cases, following the case through an expert Alanya real estate lawyer or title deed lawyer will eliminate the possible mistakes that the parties will make.
What are the Real Estate Cases?
The cases that are expected to resolve disputes related to real estate are called real estate cases.
Prohibited Intervention (Prevention of Intervention) Case
The prevention of interference lawsuit is the most frequently filed type of real estate lawsuit. In order to benefit from any immovable property; it is necessary to become the owner of the immovable property or to obtain permission from the owner of the real estate property. It is illegal to use a real estate in any way without obtaining approval from the owner of the real estate. The use of the immovable property in this way gives the property owner the right to file a lawsuit against intervention (prevention of intervention). The owner of the immovable property eliminates the attack on his immovable property with the case of prevention of intervention.
If there is an occupation of the immovable by a person who is not the rightful owner, the occupier is removed from the immovable, even the unfair occupier may be asked for compensation (occupation compensation). Many related requests are put forward by a lawyer with a systematic case and it is ensured that the real estate owner gets the right.
As Alanya real estate lawyer, our Alanya law office provides legal services and legal consultancy services to clients in scope of real estate cases.
Izale-i Şuyu (Dissolution of the Partnership) Case(DİVİDİNG UP OF AN UNDİVİDED PROPERTY)
The case of Izale-i Şuyu (Dissolution of the Partnership) comes into question if more than one person owns a real estate. In shared ownership, stakeholders may not agree on the sharing of real estate. In this case, the stakeholders file an izaleisüyu lawsuit to terminate the partnership. The case should be addressed to all stakeholders by examining the land registry. This real estate case cannot be concluded without including all the persons who own shares in the real estate in the case.
At the end of the dissolution of the partnership case, if it is possible to divide the immovable exactly, the immovable is divided exactly.
In the same way, if sharing is not possible, the immovable property is sold by the executive administration and the sale price is given to the stakeholders in proportion to their shares.
Title Deed Cancellation and Registration Cases and ALANYA Real Estate Lawyer
The case of cancellation and registration of the title deed can be opened for many reasons. After the facts that constitute the basis for the cancellation of the title deed have been concretized, a deed cancellation and registration case should be filed. The varieties of title deed cancellation cases are as follows:
As Alanya real estate lawyer, our Alanya law office provides legal services and legal consultancy services to clients in scope of real estate cases.
Within the framework of the terms and conditions set forth below, the persons whose information is written above have signed this contract with their free will, which is 2 copies of which are exactly mutually agreed upon by the parties, which will be referred to as the CONTRACT for short.
If there is a change in the above information, the parties are obliged to notify the other party of the change in writing immediately and within 7 days at the latest.
The notification addresses of the parties are the specified addresses. If any change is not notified in writing by means of a notary, the notifications made to these addresses are valid. The parties have agreed on the application of Article 35 of the Notification Law No. 7201 in the notification to this address.
Article 2- Subject of the Contract;
Purchased office ** Island - 1** parcel - 2*** Sheet no- 4 Floor- ** independent section after the sale of the immovable property and other issues related to the immovable, the following terms and conditions of payment by the SELLER and BUYER.
Article 3- Conditions;
The seller undertakes that the purchased property does not have any debts (taxes, fees, etc.). The seller agrees that he will be responsible for any future negativity.
The seller declares that natural gas, electricity and water subscriptions will be purchased without settlement and accepts that he will be responsible in any negative situation.
It undertakes that the settlement application of the immovable property in question will be concluded positively and all expenses will be covered by the seller.
The BUYER shall know the SELLER as the addressee in all kinds of matters such as settlement, subscriptions, tax and debt related to this contract.
The promissory note given to the seller with a issuance date of 6.12.2022 of TL 245.000.00 will be paid in cash by the buyer to the seller within one week after the date of receipt of the settlement. All settlement, fees and etc. all expenses belong to the seller.
It is accepted that if the settlement cannot be obtained, the stock will be invalid and the seller will be responsible for all damages and all expenses that will occur in the purchase of settlement.
The immovable property in question is the law office. The parties shall pay the title deed costs in half.
Article 4- Sales Price;
The sale price of the immovable property in question is 245.000,00 TL. (It is Turkish lira.) 6.250,00 TL (Turkish Lira) is given to the seller as a deposit. The deposit price will be deducted from the real estate sale price. The buyer will send a transfer of 238.750,00 TL to the seller.
Article 5- Delivery Time and Penal Condition;
The immovable property will be delivered on 12.12.2022 at the latest. If the office is not delivered on 12.12.2022, 50.000,00 TL will be paid as a withdrawal fee.
Article 6 – Settlement of Disputes;
In case of dispute, the contract between the seller and the buyer is accepted as evidence by the parties. The parties have agreed that in case of disputes arising from the implementation of this contract, Kayseri Courts and Enforcement Offices shall be authorized.
This contract, which consists of 2 pages, is taken under the free will of the parties and witnesses.
Title Deed Cancellation Case Related to Expropriation
Expropriation is the transfer of the ownership of immovable property belonging to any person to the public with a unilateral administrative transaction, taking into account the public interest.
The administration may expropriate immovable property belonging to any person after taking a decision of public interest. In order for the expropriation process to be completed, the administration must file a deed cancellation and registration lawsuit against the owner of the real estate in the judicial jurisdiction.
As Alanya real estate lawyer, we provide legal services and legal consultancy services to our clients within the scope of real estate law.
The Contract of Promise of Sale of Immovable Property and the Function of a Real Estate Lawyer
The real estate contract is made in practice for a wide variety of reasons.But the most common real estate sales promise contract is the promise of selling the real estate arising from the construction contract for the floor.
The construction contract is one of the full bilateral contracts that are fulfilled in a long process and impose rights and obligations on the parties in the process of implementing the contract.
In this agreement, the person who owns the land plot promises to sell a part of his real estate to the contractor if a structure is built on his land under conditions in accordance with the contract. These contracts should be arranged together with Alanya real estate lawyer. Legal advice should be obtained for all processes from the signing of the contract to its fulfillment. Thus, the rights of the parties on the immovable are clarified in a way that does not lead to a pause.
Title Deed Cancellation Case Arising from Inheritance Law
With the death of the immovable owner, a number of disputes arising from inheritance law may arise. For example, one of the heirs may claim that his reserved share was violated or that there was a consensual sale transaction. The case of property sharing in inheritance may turn into a title deed cancellation and registration case in one aspect.
Taking into account the specific norms of inheritance law, a deed cancellation and registration case should be filed for the right holder. Since the title deed cancellation and registration cases arising from inheritance law take quite a long time due to the large number of parties, filing a lawsuit through a real estate lawyer prevents the litigation process from being prolonged.
For other information about the land registry, you can look at the official address of the land registry office. https://tkgm.gov.tr/tr
Obtaining a Residence Permit by Purchasing Real Estate in Turkey
Is a residence permit obtained by buying an apartment/real estate in Turkey?” there are too many questions being asked about it. We will try to answer frequently asked questions about how foreigners will get a residence permit by buying an apartment/residence in Turkey ans especially in Alanya?
Obtaining a Residence Permit in Turkey
Residence Permit in Turkey As regulated in the Law on Foreigners and International Protection, “those who have immovable property in Turkey” can obtain a short-term residence permit.
A residence permit may be issued for a maximum of two years each time through the purchase of real estate to be issued in accordance with the same law.
OUR SERVICES AS ALANYA REAL ESTATE LAWYER
As Alanya real estate lawyer we provide legal services to our clientes as follows:
Purchase, sale and registration of title deeds of immovable properties
Preparation of lease agreements
Tenant eviction procedures
Follow-up of the cases related to the cancellation and registration of the title deed
Follow-up of legal and official processes related to the acquisition of property by foreigners
Alanya Real Estate Lawyer
Real estate lawyers are people who are concentrated on real estate law and have gained experience in the cases involved in real estate law. Kalem Law Office is one of the leading offices when it comes to real estate lawyer Alanya. Citizens are constantly experiencing disputes over immovable property issues. It is a common situation where people claim ownership over properties such as land, housing, factories, etc. In this case, it will be the best option to get help from a real estate lawyer who will solve the problems. Real estate law includes the types of cases that are the most comprehensive in terms of their legal processes.
Not requesting help from a real estate lawyer in disputes can lead to greater problems in the future. Therefore, getting real estate lawyer Alanya consultancy against any real estate legal problem that may occur will make the process easier.
The real estate lawyer supports the citizens who have problems related to the real estate issue in the legal process. Our office, which offers you solutions as an expert real estate lawyer Alanya, listens to your problem in detail and brings appropriate solutions.
Our office, which takes protective measures for you during the whole litigation process, thus ensures the satisfaction of its clients. In this sense,
Construction companies and their owners
Real estate investors
are represented. All you need to do for this is to contact our office for Alanya Real Estate Lawyer, which serves with expert lawyers in the field . By providing details about your problem, you can get professional legal results.
Real Estate Law Firm Real Estate Litigation
Non-Expropriation Seizure Cases
Title Deed Cancellation and Registration Cases
Lawsuits for the Correction of Existing Errors in Land Registry Records
The Case for Prevention of Seizure (Semen of Interference)
Dissolution of Partnership (Izale-i Şüyu) Cases
Pre-Emption (Shufa) Cases
Real Estate Purchase and Sale Transactions, leasing, supervision and arrangement of lease agreements, monthly follow-up of lease payments
Rent Determination Cases
Arrangement of Contracts to Care Until Death
What Are the Cases That Real Estate Lawyers Deal With?
Real estate law is a fairly broad subject. In this respect, some of the cases we have entered into are as follows;
Prevention of seizure
Construction contract in exchange for flats
The case for the determination of the expropriation price
The Shufa case
Cancellation of title deed due to muvazaa and registration case
Ordinary partnership relationship between spouses
Refund of money paid with invalid contract
Showing the sale of shares with a sufficiency more or less in the title deed
What Issues Do Real Estate Lawyers Help With?
Lawyers serving in the field of real estate help citizens with different issues. In this respect, real estate lawyer Alanya will support you in areas such as;
Real estate finances
Real estate purchase and sale contracts
Transfers of immovable property
Real estate and property management
Land registry office transactions
Situations requiring legal determination related to immovable properties
In addition to these, real estate also carries out transactions on the properties acquired after marriage. If you have decided to divorce, you can quickly and accurately share the said assets with the help of our office.
CONTRACT OF PROMISE OF SALE
Under the general heading of the contract of promise of sale, we will touch on titles such as the contract of promise of immovable sale, the example of the contract of promise of sale, the contract of promise of sale of real estate, the contract of promise of sale notary fee
The provision of Article 29 of the Turkish Code of Obligations No. 6098 titled "Preliminary Contract" is as follows:
"Contracts for the future establishment of a contract are valid.
With the exceptions provided for in the law, the validity of the preliminary contract depends on the form of the contract to be established in the future" (art. 29).
This provision of a general nature states that it is possible and valid to conclude a preliminary contract for the future establishment of any contract. It also states that the said preliminary contract is subject to the formal requirements for the establishment of the original contract as a rule. This basic principle also applies to sales contracts.
Real Estate Sale Promise Agreement (Real Estate Sales Promise Contract)
After the explanations we have made above about the promise of sale, we can switch to the issue of the promise of immovable sale. The only regulation of the Turkish Code of Obligations No. 6098 regarding the promise of immovable sale is related to the form condition of the contract in question.
"The promise of the sale of real estate,... it shall not be valid unless it is formally regulated." (TBK; art. 237/II)
In accordance with the above express regulation, contracts for the promise of sale of immovable property are subject to the condition of official written validity. In accordance with this validly established contract, in the event that the term or maturity stipulated in the contract is realized, it is mutually promised to make the immovable sale contract. If one of the parties fails to fulfill its contractual obligation, the other party may bring a performance action against it. In this case, the decision of the court will replace the will of the party who refuses to enter into the contract. With this decision, the party who wins the case can go directly to the land registry office and request the registration of the real estate in his name.
If the contract of promise of sale of immovable property is annotated in the land registry (Land Registry Law; art. 26/V, TMK m. 1009), it becomes assertable against third parties (Art. 1009/II of the Turkish Penal Code). The validity period of the commentary is 5 (five) years (Land Registry Law; art. 26/VIII). However, if it is not annotated, the ownership or other limited in-kind rights of bona fide third parties over the immovable property in question shall be protected. In this case, it is possible to file a lawsuit for compensation of damages against the seller who made the sale impossible.
The right of receivable arising from the contract of promise of sale of immovable property is 10 years from the date of obligation. At the end of this period, the right expires.
Real Estate Sales Promise Contract Not Made in a Notary Public
The only provision in the Turkish Code of Obligations No. 6098 regarding the promise of immovable sale is related to the form condition of this contract. This fact alone is sufficient to show the importance of compliance with the conditions of form for the validity of the contract in question. The form requirements for validity are among the mandatory provisions of the law and if they are not complied with, they arise as a result of the invalidity of the contract in accordance with the provision of Article 12/2 of the TBK.
"The form prescribed in the law for contracts is, as a rule, the form of validity. Contracts formed without complying with the prescribed form shall not give rise to provisions." (TBK; art. 12/2)
Even if the contract in question is made in the form of approval and not in the form of arrangement in the Notary, the contract will be absolutely null and void. The said invalidity can be asserted by anyone and is considered ex officio by the judge at every stage. Likewise, the invalidity of the contract will result in the invalidity of issues such as the penal clause and withdrawal money attached to this contract. The promise debtor cannot make a claim based on a contract contrary to the form.
However, there are some cases in which the parties may have complied with a contract that is essentially null and void due to non-compliance with the form as if it were valid and may have fulfilled their own obligations. In such cases, asserting a contravention of form constitutes an abuse of the right, as the Court of Cassation has accepted. Such situations vary according to the nature of the concrete event.
Contract of Promise of Sale 4
Immovable Sale Promise in the Form of Arrangement and Construction Contract in Return for Land Share
The construction contract for land share is a type of mixed contract that has emerged due to need in practice, has been shaped within the framework of freedom of contract, and includes the work (exception) contract and the immovable sale promise contracts. On one side of this contract is the contractor and on the other side is the land owner. In this type of contract, unlike the work contract, the fee is replaced by an independent section/floor to be given to the land owner. The provisions of the work contract shall also apply to the act that the contractor (contractor) undertakes to perform.
As stated above, the construction contract for land share manifests itself in the form of the land owners undertaking to transfer the land share to the contractor in exchange for the structure to be built on the land within the framework of the agreement they have made with the contractor. In this respect, there is a "promise of immovable sale". In other words, the contractor will build a building (work), and in return he will be promised the sale of immovable property (land share).
Since it contains the promise of sale of immovable property within the construction contract in exchange for a share of the land, it is subject to the official written validity condition (notarized arrangement) (TBK; art. 237/II).
Invalid Real Estate Sale Promise Contract Unjust Enrichment
It was explained above that the contract of promise of sale of immovable property is subject to the condition of official written validity and that contracts of promise of sale of immovable property made contrary to this form are void in accordance with Article 12/II of the Turkish Penal Code.
In accordance with the contracts of promise of sale of immovable property made contrary to the official written form, if the price has been paid, the creditor of the promise will be able to demand back the price he has given with an unjust enrichment case because the contract is void.
There is another situation where there may be unjust enrichment provisions in contracts for the promise of sale of immovable property. If the performance of the debt has become impossible for one of the parties, the party who has performed the act may demand the return of the obligations in accordance with the provisions of unjust enrichment since there is no legal reason left. The expropriation of the immovable property or the destruction of the immovable property through no fault of the promise debtor are among such reasons.
Again, a similar situation exists in terms of reversal or retroactive termination institutions arising due to reasons such as default. Some of the decisions of the Court of Cassation on this issue are as follows:
Contract of Promise of Sale 5
Notary Fee in Contract of Promise of Sale
The notary fee of the real estate sales contract for the year 2022 is 5.4 thousandths of the higher of the price written in the contract and the value recorded.
...... ...................... Municipality ..................................... THREADER........ ISLAND......... At the address of the PARCEL the following qualifications are indicated ........ block......... is the contract for the construction of the independent section numbered and the transfer of the immovable property by the SELLER to the BUYER with the terms in the contract.
The SELLER shall complete the independent section, the qualifications of which are specified in Article 1, to its certified projects, according to the attached site list, .../.../.......... will deliver to the BUYER on the date.
The BUYER shall pay the sale price within the framework of the payment plan specified in the contract. In addition, the BUYER agrees to pay taxes, fees and expenses for the realization of the transfer of the independent section, fees related to the receipt of the building use permit, all other legal costs and to fulfill its obligations.
The number of the independent section subject to the contract belongs to the special situation plan and the number can be changed provided that the location of the dwelling remains fixed.
The BUYER agrees that the SELLER will make modifications or changes to the projects and site plan when necessary.
The SELLER informs the BUYER in writing that the independent section is ready for delivery to the address in this contract. The BUYER is obliged to take delivery of the housing within 30 (thirty) calendar days at the latest, regardless of the notification to him. If the BUYER does not notify the seller in writing of the change of his address in the contract, he accepts that the independent part will be deemed to have been delivered to him at the end of the period in which the residence is notified within the period in this contract. In this way, all responsibility for the independent section passes to the BUYER when the independent section is received by the buyer or is deemed to have been received.
Without fault of the SELLER outside of his authority and responsibility, such as force majeure and all kinds of extraordinary circumstances accepted in accordance with the legislation in force, delays in the permits required to be obtained from all official authorities and municipalities, delays that are not at fault of the SELLER, orders and prohibitions of the competent authorities, disruptions in materials and services whose construction and allocation belong to public institutions, stopping work at the science point determined by the official authorities due to extraordinary weather conditions any delays incurred will be added to the delivery time. .
Independent section, .../.../........ In the event that it is not delivered to the buyer by the SELLER on the date, the SELLER shall, for each month of delay, in compensation for his loss, pay the BUYER ........... TL accepts payment. However, this delay can be up to 6 months. At the end of 6 months, the contract is considered terminated if the independent part is not delivered. The payments made by the BUYER until the date of termination are made in 3 equal installments starting after 1 month. is returned together with interest. If the delivery cannot be made within the time limit due to the reasons stated in Article 6, the provisions of this article shall not apply. In this case, the delivery time is deemed to have been extended by the amount of the delay caused by the stated reasons.
If the BUYER terminates the contract without any reason, the % of the payments made by the BUYER ... as a penalty condition, it is deducted by the SELLER. After the deduction of the penalty clause, the remaining amount of the payments made by the BUYER is paid in four equal installments, starting 2 months after the date of termination of the contract. The BUYER therefore agrees that he will not make any claims such as interest, delay compensation, etc.
SALES PRICE AND PAYMENT TERMS
The sales price and payment terms have been determined by the parties by taking into account the share of land belonging to the residence, the preparation and approval of architectural-static-installation-landscape projects, obtaining the construction permit, the building inspection fee, the costs of building the housing according to the attached site list, material and labor expenses, infrastructure arrangements.
The sales price of the independent part subject to the contract is excluding VAT .. . TL ( TL).
PAYMENT SCHEDULE AND NON-COMPLIANCE WITH PAYMENT SCHEDULE
If the BUYER does not make his payments in accordance with the payment plan, % for each month of delay ... agrees to pay a late penalty.
The BUYER is deemed to be in default if he does not make his payments as specified in the payment plan. For this, there is no need for notice or warning. In this case, the seller may take any action it wishes in respect of default or termination of the contract;
In case of termination of the contract, % of the payments made by the BUYER ... As a penalty condition, it is deducted by the SELLER. After the deduction of the penalty clause, the remaining amount of the payments made by the BUYER is paid in 4 equal installments, starting 2 months from the date of termination of the contract. Therefore, the BUYER agrees that he will not make any claims such as interest, delay compensation, etc.
REQUESTS FOR PROJECT MODIFICATION AND MATERIAL SELECTION
It is not possible for the BUYER to make a claim contrary to the certified static-architectural-installation projects of the independent department subject to the contract.
The BUYER may request changes in the materials specified in the site lists, provided that they are suitable for the current project. However, the BUYER cannot request changes related to the completed works. The BUYER shall notify the SELLER in writing of his requests for changes within the period to be determined by the SELLER after the signing of the contract.
If the SELLER deems the BUYER to approve the change request, he shall notify the BUYER in writing of the price difference arising from the change. The BUYER is obliged to pay the price difference arising from the changes in advance.
WARRANTY SCOPE AND DURATION
The SELLER agrees to fix the problems caused by workmanship and material defects within 1 year from the delivery to the BUYER. However, the contractor cannot be liable for usage errors and defects that do not belong to the contractor. As of the expiry of the warranty period, no liability can be imposed on the SELLER in relation to the independent part subject to the contract.
ADDRESSES OF THE PARTIES
The parties accept the addresses specified in point A. of the contract as valid notification addresses. Unless the parties notify the other party in writing of the change of address, the notifications to be made to the addresses written in the contract will be valid.
In the resolution of disputes arising from the contract, ...... Its courts are competent.
ANNEXES TO THE CONTRACT
The site list, projects are an integral part of the contract.This contract, which consists of 8 (eight) articles, has been drawn up by the parties in two copies and signed on .../..../........
FOREIGNERS BUYING REAL ESTATE IN TURKEY 2023
Turkey is a country that is in demand by foreigners both in terms of tourism and in terms of life sustaining. Real estate purchases are frequently made by foreigners to the extent permitted by law. With the Law No. 6302, which entered into force on May 18, 2012, the reciprocity requirement for housing purchases and sales in Turkey was abolished. This legal change has accelerated and increased the purchase of houses by foreigners in Turkey. According to TURKSTAT data, 39 thousand 663 houses were purchased by foreigners in 2017. This number continues to increase day by day. However, not every foreigner can buy the real estate he wants to the extent he wishes. Legal limits are set in the Land Registry Law. We have touched on all the limits and conditions in the subheadings.
How Can Foreigners Buy Real Estate?
Foreigners who want to buy housing (house) or land in Turkey should pay attention to the real estate purchase procedures and conditions. Wanting to buy real estate without adhering to the regulated conditions and transactions may cause the foreigner to lose rights.
The house buying procedures of foreigners are carried out within the framework of the legislation currently in force in Turkey. Accordingly, for foreigners to buy a house, just like other citizens, it depends on the transfer in the deed. This is subject to the formal form requirement by law. Accordingly, the real estate sales contract will be valid with the signing of the official deed and registration at the Land Registry Directorate. It is also possible to conclude a contract of promise for the purchase of housing. But as a difference, contracts for the promise of sale of immovable property must be made in the presence of a notary. The purpose of the contract of promise of sale of immovable property is to make a debt transaction but it is not yet desired to transfer the ownership to the other party. Contracts concluded without complying with the formal form requirements are null and void due to non-compliance with the form. The documents that foreigners must submit to the Land Registry Directorate when purchasing real estate are listed under the heading of "Documents Required for Foreigners to Purchase Real Estate". Upon completion of these documents and the positive outcome of the necessary examinations, a foreigner may obtain a real estate title deed in Turkey as a result of the registration process.
Conditions for Foreigners to Acquire Real Estate
The purchase of houses by foreigners in Turkey is subject to certain conditions. It is possible to reach these conditions through the Land Registry Law. In order to get information about the conditions, it will be useful to consider the limits that we have indicated under the heading "Limits on the Purchase of Real Estate by Foreigners". Under this heading we will talk about conditions outside the borders.
Care should be taken to ensure that the sales contract is made at the Land Registry Directorates in accordance with the official form requirement. The official deed and registration are issued in this institution.
The required documents must be submitted completely and accurately. Incomplete or incorrect documents will cause the process to be prolonged. We have touched on what these documents are below.
For the real estate to be purchased, permission must be obtained from the military authorities in the region, valid in some districts. Thus, if a real estate is located within a military forbidden zone or in a strategically important area due to its location, the purchase of real estate may not be allowed.
Limits on Foreigners' Purchase of Real Estate
The purchase of houses by foreigners in Turkey has been subject to a number of restrictions imposed by legal and precautionary decisions. According to Article 35 of the Land Registry Law No. 2644, a foreigner who wants to buy a house in Turkey can acquire a house in Turkey within these limitations. The existence of these restrictions is important for the integrity of the country's territory. If it is necessary to list the existing restrictions imposed with the legal and injunction decisions, it is possible to make a list as follows:
The foreigner who wants to buy real estate must be one of the citizens of the countries where it is allowed to buy real estate within the borders of the country. For example, citizens of the Syrian Arab Republic cannot buy real estate within the borders of our country today. Information about which country's citizens can buy a house in Turkey can be obtained from the General Directorate of Land Registry or the Turkish Embassy and Consulate. For Syrian citizens, we establish a company on behalf of the citizen and buy real estate on behalf of this company.
Within the borders of the country, a real foreigner can acquire immovable or limited in-kind rights up to a maximum of 30 hectares. The foreigner who wants to buy 30 hectares or more of immovable property will not be able to realize this request on the grounds of legal limitations.
Another limit of the purchase of real estate by foreigners is that the foreigner who wants to buy real estate can only buy real estate up to 10% of the surface area of the district where the real estate is located.
There shall be no legal restrictions on the pledges of immovable property established for the trading company of foreigners.
It is not possible for foreign legal entities to buy immovable property in Turkey. However, since legal entities with foreign capital are established in Turkey, they can purchase real estate as long as they comply with the necessary restrictions and conditions.
Can Syrians buy real estate?
Buying a house in Turkey by foreigners is not a recognized right for every foreigner. For the interests and continuity of the country, the purchase of real estate in Turkey is prohibited for the citizens of some countries. Syrians are forbidden to buy houses in Turkey. However, it is known that the necessary legal arrangements for Syrians to buy houses in Turkey will come into force soon. In addition, Syrians can buy real estate on their relatives in order to buy a house in Turkey, or they can establish a foreign-capital company that is a legal entity and buy real estate through this company. With the completion of the necessary arrangements, citizens of the Syrian Arab Republic will also be able to buy houses.
We carry out the process of establishing a company and obtaining real estate by obtaining the necessary permits.
Documents Required for Foreigners to Acquire Real Estate
In order for foreigners to purchase real estate, first of all, the owner of the immovable property must make a preliminary application to the Land Registry Directorate. If there are missing documents in the preliminary application, the file is kept waiting, but if there are no deficiencies and defects, the documents required for the real estate sales process should be submitted to the General Directorate of Land Registry. We can count the required documents as follows:
Certificate of Title Deed of the immovable property or village/neighborhood, island, parcel, building, independent section information.
Identity document or passport (with translation if necessary).
"Real Estate Fair Value Certificate" of the immovable property obtained from the relevant Municipality
Real Estate Valuation Report.
Compulsory earthquake insurance policy for buildings.
1 photograph of the seller and 2 photographs of the buyer and foreigner (within the last 6 months, size 6×4).
If there is a party who does not speak Turkish, he is a sworn translator.
In case of transaction with a power of attorney issued abroad, the original or certified copy of the power of attorney with its translation. Power of attorney issued abroad must be issued by the Consulate General or Embassy of the Republic of Turkey. An important distinction regarding examples of power of attorney issued abroad relates to the Hague Convention. Accordingly, if the power of attorneys issued by the notaries of the foreign country are approved according to the Hague Convention of October 5, 1961, they contain the certified photograph of the foreigner in the language of the country and contain the phrase "Apostille (Convention de La Haye du Octobre 1961)", the approval of the Turkish Consulate will no longer be required for Turkish translations. On the contrary, the approval of the Turkish Consulate is absolutely necessary for power of attorneys that are not certified according to The Hague Convention.
Tuition Fee for Foreigners to Purchase Real Estate
There are certain fees paid for real estate purchases in Turkey. Foreigners who want to buy housing in Turkey can also own real estate on the condition that they pay these fees. We can list the types and amounts of fees published by the General Directorate of Land Registry and Cadastre as follows:
The title deed fee is paid by both the buyer and the seller. If the housing is located within the boundaries of the municipality, a 2% title deed fee must be paid on the value of the residence, provided that it is not less than the Real Estate Fair Value obtained from that municipality. For example, the title deed fee to be taken from a house worth 300,000 TL is 6,000 Turkish Liras.
A working capital fee is paid. Although it is determined locally, the maximum for 2019 is 128 * 2,5 TL. So, it is maximum 320 Turkish Liras.
The service fee is 598,25 TL for 2019.
What Should Foreigners Pay Attention to When Buying Real Estate?
Foreigners who want to buy real estate in Turkey will be able to buy a house without losing their rights as long as they pay attention to certain issues. However, it is necessary to be aware of these issues, otherwise invalid transactions may occur. We can summarize the points that a foreigner should pay attention to when buying real estate as follows:
First of all, it should be questioned from the Land Registry Directorates whether there are any restrictions such as liens and mortgages that may prevent the sale of the immovable property that constitutes the subject of the sale. Restrictions on real estate for the sale of real estate are not an obstacle to the sale. However, it has negative consequences for the foreigner who buys it.
The zoning status of the house to be purchased should be checked.
The person selling the house to be purchased and the title deed holder should be checked with identity and be careful about fake power of attorneys.
The quality of the land to be taken is very important. In case of taking agricultural lands at a low price, a pre-purchase right lawsuit may be filed and taken by the neighboring parcel over the price shown.
Be wary of possible scammers.
In the process of buying real estate, you should definitely work with a reliable and experienced lawyer.
A foreigner does not need to have a residence permit to buy a house in Turkey.
Foreigners who have been refused to buy real estate can appeal to the Regional Directorate of the Land Registry Directorate. It will be to the benefit of foreigners who are sure that they meet the necessary conditions to use their right to appeal.
If there is any dispute in the process of buying and selling real estate, a lawsuit should be filed in the relevant courts.
The Importance of a Lawyer in Foreigners' Buying Real Estate
There are many foreigners who want to buy real estate in Turkey. There are many issues and stages that the foreigner who wants to buy real estate should pay attention to. Any stage that escapes attention or is subjected to an incorrect processing will have consequences against the stranger, perhaps causing an irreversible error. At the same time, it will be difficult for a foreigner who is far away from the elements such as language, culture and social life in Turkey to buy housing in Turkey or will result in loss of rights. For these reasons, a foreigner who wants to buy a house in Turkey should first consult with an experienced Foreigners Law Lawyer. Foreigners' lawyers will carefully follow all procedures for the foreigner who wants to buy real estate, arrange a contract for the sale of immovable property or the promise of sale of immovable property in favor of the parties. All procedures carried out with the foreigners' lawyer will be completed in the healthiest and shortest time and will help prevent loss of rights. As a result, a foreigner who wants to buy real estate should definitely work with an experienced Foreigners Law lawyer.
In real estate purchase and sale transactions, fraud, title deed transactions, lease agreements, all cases over the ownership of foreigners will be examined within the framework of Alanya real estate law. The office, which provides lawyers and consultancy services in this field, handles many cases in the field of property transfers, project development and investment, and carries out the process through in-kind or personal rights.
Real Estate Real Estate Sale Promise Contracts
In the field of real estate law in Alanya, it is necessary to apply to real estate law for the preparation of many contracts, including land, residence and workplace. In this area, the rights arising from the sale and purchase transactions are examined, a common right area is opened between the persons and reflected in the contract. As a result of breaches of contract, there is also a preliminary contract that undertakes to transfer the deed. The promise of non-sale of immovable property through the right of ownership is MK. With the property right of Article 1008, it can be included in the litigation process. In this process, notaries and contracts are documents and are presented as evidence in the case. Heritage and property sharing are also examined in this area.
Title Deed Cancellation and Registration Case
European Convention on Human Rights 1. Through the additional protocol, the obligation to provide effective protection mechanisms to e-government in cases of violation of property rights is given. Alanya real estate law for cancellation or registration of title deed H.M.K 12. It is opened at the place where the real estate is located through the article. These lawsuits are filed against the person whose name is on the title deed, they are filed and carried out on the basis of lack of legal capacity, abuse of power of attorney, being a family residence or the statute of limitations. As a field with a wide range of real estate, it contains many issues and branches of law and can progress based on actions and transactions. You can benefit from legal and consultancy services for cases in the field of cancellation and registration.
Construction contract and implementation
You can get detailed information by contacting lawyers who specialize in Alanya real estate law for the preparation of construction contracts or lawsuits in case of violations. In this area, where land share, project and floor cases are handled, the preparation of contracts is also carried out by lawyers. The sur-foundation license, the transfer to the land owner or the annotation in the land registry covers a large legal area through the promise of immovable property.
By getting legal advice in this field, you can learn the details about the contract process, litigation process and notary information, and you can learn the important issues for the preparation of the necessary documents and files in the project and construction area or for moving them to the legal field. Construction contracts, land and project transfers against the card are also examined in this area.
Title Deed Cancellation Due to Lack of Driving License
The term "incompetence", which is in the field of legal incapacity, is included in the judicial field as an appellate power according to the civil code. Being under the age of 18, being drunk or mentally weak during the cycle are also included in this area in old age. The case of cancellation and registration of the title deed also covers the areas of illegality, irregular and corrupt use, and the psychological state of the person is also examined in this case process. For example, bipolar affective disorder or mental illness has also been included in the field of law, which is designed to be examined in this field.
Alanya Real Estate Law and Consultancy Service
All advocacy and consultancy services in the field of Alanya Real Estate Law are carried out by experts. Real estate law, which covers a wide range of legal areas, also covers construction project, construction, purchase, sale, title deed cancellation and registration, incapacity or inheritance cases. Laws that are valid in many areas from the Turkish civil code to the law of obligations are also examined in this field and it is ensured that individuals or institutions receive their rights with the force of law.