Construction Delay and Developer Contract Cancellation Lawyer in Avsallar and Konakli (Alanya)

Off-Plan Property Disputes and Construction Delays in Avsallar and Konaklı

The western coastal districts of Alanya—particularly Avsallar (famous for İncekum Beach and large-scale forest-side residential complexes) and Konaklı—have experienced rapid off-plan construction activity. Unfortunately, many foreign buyers who purchased apartments in Avsallar or Konaklı through installment plans or pre-construction sales contracts face severe construction delays, stalled building sites, refusals to transfer the title deed (Tapu), or delivery of units without a Habitation Permit (İskan). Kalem Law Office, led by Attorney Enes Nergiz (Antalya Bar Association Reg. No. 6281) at Hacet Mah. Adliye Cad. Görer Apt. No:13/5, Alanya / Antalya (directly opposite the Alanya Courthouse), represents foreign buyers in developer litigation, contract cancellation, and asset recovery before the Alanya Consumer and Civil Courts.

Consumer Protection Law No. 6502 (TKHK) and Code of Obligations No. 6098 (TBK)

When a foreign individual buys a residential unit from a construction company for personal or family use (non-commercial purpose), the transaction is protected by the Turkish Consumer Protection Law No. 6502 (TKHK Articles 40–46 on Prepaid Housing Sales) as well as Articles 123–125 of the Turkish Code of Obligations No. 6098 (TBK):

• Statutory Validity of Private Off-Plan Contracts: Even if the developer signed an ordinary written sales agreement rather than a notarized promise-to-sell contract (Noter Satış Vaadi Sözleşmesi), under established Court of Cassation (Yargıtay) precedent and TKHK No. 6502, the developer cannot invoke form invalidity in bad faith after accepting the buyer’s payments, and the buyer has an absolute right to demand a full refund of all paid amounts plus interest and restitution.
• Maximum 36-Month Delivery Cap in Prepaid Housing Sales (TKHK Art. 44): Under Consumer Law No. 6502, prepaid off-plan housing delivery may not exceed 36 months from contract date, and consumers enjoy broad statutory withdrawal and termination rights when the developer defaults.

Contract Termination, Title Deed Registration, and Precautionary Attachment (İhtiyati Haciz)

Depending on the physical progress of the project in Avsallar or Konaklı and the solvency of the construction company, our office pursues tailored remedies at the Alanya Courthouse:

• Formal Default Notice (Noter İhtarnamesi): Serving an official notary default notice under TBK Art. 123–125 to place the developer in formal default and trigger contractual penalty clauses (Cezai Şart) and loss-of-rent compensation (Kira Kaybı Tazminatı).
• Contract Cancellation and Full Refund Lawsuit (Sözleşmenin Feshi ve Bedel İadesi): If the project is stalled or heavily delayed, we demand full restitution of all foreign-currency or TL payments at their current real value, accompanied by a motion for Precautionary Attachment (İhtiyati Haciz) under Enforcement Law No. 2004 (İİK) to freeze the developer’s bank accounts, unsold apartments, and vehicles.
• Forced Title Deed Registration (Tapu İptali ve Tescil Davası): If the building in Avsallar or Konaklı is completed and the buyer has fulfilled payment obligations under a valid promise-to-sell contract, we seek a court injunction (İhtiyati Tedbir) on the parcel and compel transfer of the Tapu to the buyer. Visit our Alanya Office or Contact page.

Frequently Asked Questions (FAQ) on Developer Disputes in Avsallar & Konaklı

Can I get my money back if my off-plan contract in Avsallar was not notarized?

Yes. Even if an unnotarized private sales agreement cannot compel forced Tapu transfer on its own, under Turkish Code of Obligations (TBK) unjust enrichment rules and Consumer Law No. 6502, the buyer is entitled to recover 100% of all payments made to the developer, adjusted to preserve purchasing power.

How do you prevent a defaulting developer in Alanya from hiding assets during the lawsuit?

We petition the Alanya Courts for a Precautionary Attachment (İhtiyati Haciz) or Precautionary Injunction (İhtiyati Tedbir) at the outset of the proceeding to freeze the developer’s bank accounts and unsold real estate in TAKBİS.