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The
Buying Process
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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