Preliminary Contract & Deposit
The conveyance in Izmir, Istanbul, Antalya, Bodrum and other major cities in Turkey typically begins with a preliminary sale contract including main agreed terms such as sale price, taxes, deposit, basically who pays what and when. This step serves two main purposes:
Securing the Property: The reservation deposit ensures that the property is reserved exclusively for the buyer during the transaction process.
Freezing the Price: By paying the deposit, the buyer locks in the agreed-upon purchase price.
1. Granting Power of Attorney to the Lawyer
Clients decide which specific powers they want to grant their lawyer through a Power of Attorney (P.O.A.). These powers may include:
Buying and Selling Property: The lawyer can act on behalf of the client for property transactions within Turkish territories.
Signing Private Purchase Contracts: The lawyer can sign contracts related to property purchases.
Opening Bank Accounts: If needed, the lawyer can open bank accounts on behalf of the client.
Utility Connections: The lawyer can handle water and electricity utility connections.
Obtaining Title Deeds: The lawyer can obtain title deeds (TAPU) for the client.
Tax Number Application: The lawyer can apply for a tax number on behalf of the client.
Legal Representation: The lawyer represents the client in court and addresses any issues related to the purchase process.
If clients are physically present in Turkey during weekdays, the P.O.A. is granted through a Turkish Notary Public. The clients’ passports are translated into Turkish, and the P.O.A. document is prepared. An official sworn translator is present to translate the P.O.A. into the client’s language.
For clients not present in Turkey (e.g., remote purchases or weekend visits), the lawyer sends the POA to the client. The client must then sign the P.O.A. before a solicitor or notary in their country of origin. Afterward, the POA is apostilled (if the client is a British citizen) and sent back to Turkey. An official sworn translator translates it into Turkish, and the document is certified by a Turkish Notary Public.
2. Lawyer’s Title Deed and Building License Checks
The lawyer conducts thorough checks related to the property:
Ensuring the title deed is free of debts and encumbrances.
Verifying that the property is freehold and can be legally purchased by a foreigner.
Confirming the current ownership status at the land registry.
Checking that the developer has all necessary planning permissions and building licenses.
Based on the research findings, the lawyer assesses the legal implications.
3. Private Purchase Contract
Once the title deeds are clear, the lawyers draft the private purchase contract between the buyer and seller. This contract includes:
Property Details: Comprehensive information about the property.
Payment Terms: Agreed-upon payment schedule.
Property Condition: Current state of the property.
Completion and Delivery Date: When the property will be handed over.
Penalties: Stipulations for both buyer and seller.
Special Agreements: Any specific adjustments agreed upon.
Technical Specifications: Relevant details.
The contract is prepared in both Turkish and English. Clients receive the draft, review it, and provide approval for signing. The original signed copies are sent by post. If the developer (seller) agrees, minor adjustments can be made after the client’s review.
4. Payment of First Instalment (Reservation Fee)
Lawyers offer various payment options based on the purchaser’s preferences:
If clients already have a Turkish bank account or have granted P.O.A. to their lawyer for account opening, the first instalment is sent directly to their account. From there, it is transferred to the seller upon contract signing.
Alternatively, the first instalment can be sent to the lawyer’s client account, and the lawyer facilitates the transfer to the seller.
Subsequent stage payments can be made through the client’s own opened bank account.
5. Military Approval Application
The government checks whether the property is located in any of the following areas:
Military Zones
Protected Areas
Forest Areas
Village Areas without Cadastral Division
Military zones are determined by the Turkish Army.
6. Independent Surveyor (Optional)
During the later stages of property payments, clients have the option to hire an independent surveyor (at a cost of €200 - €300) for additional peace of mind.
7. Conveyance of the Title in Turkey ( Tapu)
Once the buyer has obtained the “no objection to buy permission from the Army” and made the final payment or paid the full amount to the seller, the title deed transfer occurs at the Land Registry Department. For this registration process, both the buyer (or their legal representative with P.O.A.) and the seller must be present at the Land Registry Department. Each party pays 2% of the sale price to the relevant Title Deed Office.
8. Guarantees - Charge on Title Deed
Buyers have the option to take a charge on the title deed to protect their payments. The charge expense is borne by the buyer and amounts to 1.35% of the total amount paid.
