Procedure to buy a House, Property or Properties and Real Estate in Turkey:

    To avoid any possible problems, it is undoubtedly beneficial for the procedures for the purchase of real estate to be carried out with the help of a solicitor.
      The formalities to be carried out prior to the purchase are as follows:
  1. Examination of the registration of the real estate at the Land Registry.
    • In case of a newly built building make sure that the title deed or "Tapu Senedi" has already been issued and exists.
  2. Check, preferably by a solicitor, to ascertain whether or not there is any form of encumbrance, mortgage or restriction on the real estate or Property.
  3. Preparation of a legally binding Sales Contract with the individual vendor or the vendor company, to be signed by the authorised persons. This contract should be in the form of a standard form "Pledge for the Sale of Real Estate", (in turkish: "Garyrimenkul Satis Vaadi Sözlesmesi"), prepared at a Public Notary. In the event of disagreement, any form of simple contract drawn up between the relevant parties would only provide for the refund of sums paid, not for the transfer of the real estate.
  4. A deposit payment is done by the buyer according the agreement in the Contract mentioned above.
    (The deposit payment amounts usually 25% of the buying price. If possible try to keep this payment as low as possible, maybe 10% if the seller agrees to it)
  5. Application for military clearance. Application for the necessary military clearance is sent to the military authorities by the relevant Land Registry. A copy of the title deed of the real estate or Property (Properties) and a copy of the purchaser's passport are required for the application to be submitted. The Application is examined by the military authorities and checks are carried out to ascertain whether or not the real estate is located within a restricted military zone.
    (This procedure can take up to 3-4 month)
  6. In the event of there being no objection to the sale of the real estate to the foreign national, the military clearance is issued and forwarded to the relevant land Registry, on receipt of which the transaction for the transfer of the real estate may be carried out.
  7. The proceedings will then be commenced in accordance with the order in which the applications are submitted. The estate agent is to take on the responsibility of preparing the necessary documentation and of pursuing the proceedings to completion, ready for signing.
  8. Important Note:
    • To avoid any problems in connection with the transfer of title deeds, new formalities are being implemented by the Land Registry Headquarters. Accordingly, estate agents who do not hold a certificate of authorisation will not be allowed to pursue this work. In accordance with the agreement to be signed between the Land Registry Headquarters and the Chamber of Estate Agents, a contract for the pursuit of the work is to be prepared.
    • For estate agents to be able to sign the above mentioned contract, they must be registered with either the relevant professional chamber or the Chamber of Commerce. Following the preparation of the said contract, the vendor (employer) is to hand over all the necessary documentation to the agent. In order to be able to commence the proceedings at the Land Registry, real persons or legal entities (or their representatives) with rights in respect of the Land Register must submit an application.
    • Estate agents who do not hold a certificate of authority from the Chamber of Estate Agents or the relevant associations will not be able to pursue the said procedures at the Land Registry.

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