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No Bullshit Property Buying Guide 5 years 4 months ago #13826

  • Murkey
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To go hand in hand with our new property page I thought it was worth starting a thread to explain the ins and outs of foreigners buying property in Turkey as unfortunately there are many pitfalls and problems that can and are exploited by unscrupulous developers and agents but if you follow the steps and make sure you're careful a house sale or purchase can be done smoothly and trouble free.

More info to follow.
"Because none of us are as cruel as all of us"
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No Bullshit Property Buying Guide 5 years 4 months ago #13827

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THE BUYING PROCESS FOR FOREIGNERS

OVERVIEW:
the process of transferring a TAPU and the monies between Turks is relatively straightforward and that is what the entire system is setup to cope with.

When a non Turkish Citizen wants buy a property the main difference is that they are subject to a military check (which involves a personal background check and a check that the property is not near an archaeological site or military base, foreigners cannot own property within a certain radius of these), before clearance from the military is given the TAPU cannot be transferred into your name. That would be OK BUT clearance has been known to take years, during this time the TAPU and therefore the property DOES NOT BELONG TO YOU. Regardless of how much you have paid, there are some legal safegaurds you can take to protect monies paid which I will cover later and a good lawyer will always ensure you have.

Ah yes, lawyers! They are not necessary for house sales or purchases as there are unaccountable anyway, they are, ironically, under no legal obligation to ensure the advice they give you is correct! Notaries (Noter) are the ONLY ones with any legality regarding contracts or agreements, if an agreement is not notarised, its not legal, pure and simple, a lawyers signature means nothing. Lawyers have been known to work hand in hand with developers and there are as many unscrupulous lawyers as there are developers and emlaks (estate agents).

If you want to use a lawyer then use one that has been recommended by someone you trust and ask for referees and call them to make sure they are happy with the service. I can wholeheartedly recommend our own legal eagle, Ceyda, you can contact her through her website here.

COMMON SCAMS:

Whilst military clearance is going on the property you think you just bought can be sold to some one else (its not yours yet remember?!) or even sold to many people, this happens a LOT! Then when clearance does come there will be more excuses to hold up putting the TAPU in your name by which time the developer has gone bankrupt and is living in the lap of luxury in Europe :)

The developer takes out a loan with your property as collateral (a lien).

The property/land was never theirs to sell in the first place.

Purchase prices will be misrepresented on the TAPU to avoid the developer having to pay the correct sales taxes.

The property is illegal (ie: what has been built is different to plans submitted), this can go unnoticed for years but result in your house being demolished.

etc. etc. etc.

I don't mean to scare anyone but buying a property in Turkey is not straightforward and you just have to make sure you know what the system is and put a little more effort into crossing the "t"s and dotting the "i"s than you would "at home" because of the lack of legal accountability all the way in the property sales process chain.
  1. Find a place and haggle a great price
  2. Check yourself or have a lawyer check that the seller has the right to sell, that the seller(s) are the ones that have a claim to the property, that the property is legally constructed and that there are no debts on the property
  3. Make a Sales Agreement with a payment plan that you are happy with, given its a buyers market I would suggest a Minimal deposit with the rest on transfer of the TAPU to your name, if the developer insists on more up front the look elsewhere or speak to a lawyer regarding safeguards for any money you hand over
  4. Your agent or lawyer can send the documents off for military clearance then you have to wait, your agent or lawyer should chase up and report to you regularly as to the movement of your clearance
  5. Upon military clearance being granted the final monies can be paid and the TAPU transferred into your name
"Because none of us are as cruel as all of us"
Last Edit: 5 years 4 months ago by Murkey.
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No Bullshit Property Buying Guide 5 years 4 months ago #13830

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A GUIDED TOUR OF THE TAPU



TOP – Ana Gayrimenkulun; Description, location & cadastral coordinates of the land

1)
Ili – Province
Ilçesi – Borough, district or town
Mahallesi – quarter
Köyü – Village
Sokagi – Street
Mevkii – Place

2)
Fotograf – place holder for photograph of owner

3)
Pafta No – Pafta number
Ada No - Plot number
Parcel No – Parcel number

4)
Niteligi – Feature
underneath a description of either building land, farm land or vacant land. In this case ‘Arsa’; building land.

5)
Yüzölçümü – land size
In the 3 boxes underneath (Ha, m2, dm2) either seperate sizes are given or one total amount in 1 of the boxes.

6)
sınırı – minimum
planning according to (number is there)

7)
KAT MÜLKIYETI – Ownership independent unit, ready for use (this is the final stage of the property)
KAT IRTIFAKI – Ownership independent unit, not ready for use (usually still during construction phase or no habitation certificate in place yet)
DEVRE MÜLK – Fractional ownership

Ideally you’d like the first box of the 3 ticked, if you have a tick in the middle, no worries, you will receive a 2nd tapu at a later stage.

MIDDLE – Bagimsiz Bölüm; Information about the independent unit on the land

8 )
Satis Bedeli – Sales Price
Arsa Payi – Land share (of the independent unit)
Blok No – Block number
Kat No – Floor number
Bagimsiz Blm No – independent unit number

9)
Edinme Sebebi – Reason of aquirement (explanation who is selling to who and other relevant information)

10)
Sahibi – Owner (s)
Here should be the sellers name or if you own it, your name!

BOTTOM – Information relevant to authorities of the registry office
"Because none of us are as cruel as all of us"
Last Edit: 5 years 4 months ago by Murkey.
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No Bullshit Property Buying Guide 5 years 4 months ago #13831

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How to protect the money I am paying?

Unfortunately for a foreigner to purchase a home in Turkey there is a period of ‘uncertainty’. This is when the authorities and military perform the checks on the property (see above). Where a Turkish citizen can complete a purchase in a matter of hours, and chances of fraud are much much smaller, a foreigner doesn’t have that luxury. If the buying process has too many loopholes for people to exploit buyers is a different discussion, but I must say it is not bullet proof and can surely do with much improvement.

This all however does not mean you cannot protect your money.

Ipotek:

a charge/claim can be put on the home you are buying by the land registry office
Cost for the buyer is about 1% of the amount that is being protected (your deposit or other agreed amount of payment, plus penalties). In my opinion it is worth going down this road for a little bit extra money. With a claim on the property the seller is paralyzed from doing anything with the home; it can’t be sold to another, it can’t be put up against a bank loan. A property with an ipotek on it turns into a house one wants to avoid like the plague…which is excellent for you the real buyer!
The seller has to agree to putting a claim on the property, and it must be done before ANY money has been paid. When the seller is not really eager to go down this road….safe to say you should go look for another property.

Senet:

This is a promissory note, which is often used when one is buying off plan property and there is no tapu in place to put an ipotek on. A senet can be given for any payment made during the construction stages. The only downside with a senet is that in order to collect on it, the one who handed them out needs to have enough money or assets to pay it back. In other terms; if the builder bankrupts and has many people to pay, senets are handled in order they come in…first come first served.

Get informed, get an independent lawyer, ask all the questions that come to mind and don’t ever assume anything.
"Because none of us are as cruel as all of us"
Last Edit: 5 years 4 months ago by Murkey.
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No Bullshit Property Buying Guide 5 years 4 months ago #13835

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How to change Kat Irtifak to a Kat Mulkiyet on a TAPU

A Kat Irtifak tapu is based on owning a share of the overall land on which the houses are built - after the building has been completed to the required standard and the "iskan" granted then you can apply for Kat Mulkiyet tapu status which shows shared ownership of land PLUS a specified building on that land.

There is a fine if this procedure from KI to KM is not done in the correct amount of time and the original plans may have to be redrawn if you are out of the time limit. The application is made generally by the complex as a whole (the law says one house can apply but the tapu office will soon send you packing!) and requires various work, photographs of every side of each houses, proof of everyone having their DASK insurance etc., a "harita muhendis" plan.

The procedure needs to be instigated by your Yonetim Kurulu - Residents Committee and generally all house owners will be asked for additional payments to complete this project. Once you have Kat Mulkiyet status you will come under the Kat Mulkiyet laws.
"Because none of us are as cruel as all of us"
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No Bullshit Property Buying Guide 5 years 4 months ago #13840

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And THE BEST OF LUCK TO YOU if you do decide to buy in this country, without the help of a Turkish partner, without advanced Turkish language skills and knowledge of the attitude and the culture.Many people have done it...however...be careful!!!!
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