Buying or selling a property consist two essential legal parts:
- Concluding a purchase contract and
- The actual transfer of ownership at the Tapu Office.
Other than that you are used to in your own country, the role of the Turkish notary, at the conclusion of a contract as well in controlling properly the transfer of ownership, is very limited. The buyer must watch for himself that there is a full purchase agreement signed.
For the preparation of a full contract you must have the correct information. This information is only available in the public records of the Tapu office. The public registers of the Tapu office include the necessary legal facts about the property. Such as who owns the property and how is the state of the object you want to purchase. You can check whether there is a mortgage or a seizure registered. Public records are open to everyone.
You already understand that a contract with a broker has no legal value unless the broker is entitled through a notarized power of attorney to actually sell the property.
By concluding a contract, you are not there yet. The conclusion of a contract does not require the seller to deliver the house to you, unless a notarial deed of pledge of delivery is registered at the Tapu office. After closing a purchase you must ensure that the payment and the transfer and registration at the Tapu office runs smoothly.
As long as you have not acquired the right of ownership, I advise you to be careful with payments. If you have to do all payments, you should ask for full security. Should it happen that the transfer does not take place, you must be sure that you receive your deposit back unconditionally. A confession of guilt (the senet) or check only offer security as the amount effectively is covered by a bank.
I wish you a safe (re) sale and a lot of living pleasure in Turkey!
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