UK buyers: what to do if your Turkey property developer disappears
Here is what to do if your Turkey property developer disappears: the first steps for UK buyers when nobody answers and no insolvency is confirmed. For advice on your own case, speak to a property lawyer in Turkey at Canko Law Firm.
What to do first if your Turkey property developer disappears
Here is what to do if your Turkey property developer disappears: the first steps for UK buyers when nobody answers and no insolvency is confirmed. You probably face a familiar pattern. Calls go unanswered. The sales office has closed. The site has gone quiet. Yet nobody has told you that the company has failed.
Silence is not the same as insolvency. A developer may be short of cash, in dispute with a landowner, or simply avoiding its buyers. It may also have gone for good. Your first job is to find out which, without weakening your legal position.
The early work follows a sensible order.
Confirm the facts about the company and the site
Collect your papers and payment records
Check what the land registry shows
Take advice before you stop any payments
Consider formal notice, followed by court steps if the facts support them
While you do this, be careful about what you sign and what you pay. Do not sign a new contract or a settlement because someone says it is urgent. Do not pay a person who offers to rescue your purchase until they have been checked. Do not tell the developer that you are walking away. Each of these steps can change your rights.
Check whether the developer has really gone
Deciding what to do if your Turkey property developer disappears starts with evidence, not with rumour. Each check below helps to separate a company that has gone from one that has only stopped answering.
Start with the company named in your contract. The brand on the brochure may differ from the legal entity that took your money. Developers often work through group companies, and each company is treated separately. Note the full company name, its tax number and its registered address.
Next, check the Trade Registry (Ticaret Sicili) and its published notices. These records can show who runs the company, where it is registered and whether its status has changed. They may also reveal a change of name, a new address or a change of directors. A company that has moved is not the same as a company that has vanished.
The same checks may show a bankruptcy or a court protected restructuring. If you find signs of developer insolvency, your route changes. Claims may have to pass through a formal process, and limits apply. Our guide on what happens if your Turkey property developer goes bust explains that route.
Then find out what is happening on the ground. Ask someone you trust, or your lawyer, to visit the site and the last known office. Dated photographs are useful evidence. They can show whether work has stopped, whether anyone is on site and whether the site board has changed. Neighbours and security staff may also know who last paid them. Do not enter a closed site without permission, and do not take anything from it. Photographs from a public road may be enough at this stage.
Before you conclude that the developer has gone, try to reach it in writing. Use every email and postal address you hold, and ask one clear question. A dated request with no reply is better evidence than a missed call. Keep your tone factual, because a court may later read these messages.
The local municipality may hold useful records too. Ask whether a building permit (yapi ruhsati) was granted and whether it remains in place. For a finished building, ask about the occupancy permit (iskan). Some records can only be obtained with proper authority, so a lawyer may need to make the request.
Speak to other buyers as well. A buyers' group can share documents and news, and it may help to spread costs. Treat its information as a lead, not as proof. Be careful about public accusations on social media. They can create legal problems of their own, and they may alert the people you are trying to find.
Gather every paper and payment record
Your claim will rest on documents, so collect them now. Do not wait until a lawyer asks for them. Messages can be deleted, websites can disappear and staff can move on. Save copies somewhere safe, and keep the originals of anything signed or stamped.
Look for the following:
the sale contract and any preliminary sale agreement (satis vaadi sozlesmesi)
the payment schedule, with any agreed changes to it
bank confirmations showing each bank account that received your money
receipts, invoices and any statement of account from the developer
reservation forms, brochures, floor plans and promised delivery dates
emails, WhatsApp messages and the names of everyone you dealt with
any power of attorney (vekaletname) you signed in the UK or in Turkey
your valuation report, tax number papers and any land registry documents
anything you received from a real estate agent or introducer
Keep a simple dated log as well. Record each call, email and visit, who you tried to reach and what happened. It shows that you tried to make contact, and it saves time when your lawyer prepares the chronology. Take dated screenshots of the developer's website and social media pages too. They may show what was promised and when the company last appeared active.
Pay close attention to who received your money. A payment to a director, a salesperson or an agent raises different questions. You may need to show that the person was acting for the developer. That is not fatal, but your lawyer needs to know about it early.
Check the form of your contract too. A private contract may not be enough to force a transfer of the property. It can still support a claim for your money back. The answer depends on the wording and the facts.
Many contracts are written in Turkish, or in Turkish and English. Do not rely on a summary given by the sales team. If you only have an English version, your lawyer will need to establish what was actually signed. If your contract was signed before a Turkish notary, your lawyer may be able to obtain a copy from that office. Notaries keep their own records, which helps if your papers are incomplete.
Also think about the UK side. If you paid recently by card or bank transfer, tell your UK bank what has happened. It can explain whether any route is open to you. If a UK based agent introduced the sale, keep those papers separately. That agent's role may raise separate questions under English law.
Check the title deed and the land registry
What the register shows will shape almost everything that follows. In Turkey, ownership of land generally passes by registration at the land registry (Tapu Mudurlugu). A signed contract does not do that alone. The title deed (Tapu) records who owns what, and whether any charge or restriction affects it.
Buyers of off plan property often hold a contract and nothing more. Some hold a contract noted on the register. Others already hold a title deed for a unit in an unfinished building. These positions are very different, so you need to know which is yours. If you are unsure how the process should have worked, see our guide to buying property in Turkey.
You still need to read the register entry closely. Check whether it shows full flat ownership or the earlier construction stage (kat irtifaki). Check for mortgages, attachments and other entries. A mortgage given to a lender can affect your property even if you knew nothing about it. A foreign buyer may not be able to see every record without authority, so your lawyer may need to make the search. The register may then confirm what you were told, or it may reveal a very different picture.
If your notarised contract is noted on the register, that note warns later buyers of your right. It can be powerful, but it does not last for ever. A limit applies, and it can pass quickly while everyone waits for the developer. Ask your lawyer to check the date and the next step straight away.
If you hold only a contract
If you hold only a contract, you have no registered right over the land. The developer may still be able to sell or charge the unit. Its creditors may also try to attach it.
If the project is on a landowner's land
Many off plan projects are built on land owned by someone else. The landowner often agrees to swap the land for a share of the finished flats. That landowner is a third party to your contract, and may not be bound by it. Your unit may even fall within the landowner's share. Only the register and the underlying agreement will show this.
If you bought for citizenship or rental income
Check any special reason for your purchase as well. If you bought with Turkish citizenship in mind, the application will generally rest on registered property and specific conditions. A stalled project can put that plan at risk. Take advice before you assume your application is safe, or before you sell.
If the developer also managed lettings, your rental income may stop when it disappears. Find out who holds the tenant's contract and deposit. If you already own the unit, you may be able to deal with the tenant directly. Do this with care, and keep a written record.
Take care with payments and put the developer on notice
Your payment schedule may still show instalments falling due. It feels wrong to keep paying a company that will not answer. It can also be risky to stop without a plan. The contract may treat a missed payment as your default, and the developer could rely on that later.
You may be entitled to hold back payment where the developer is in breach. That depends on your contract and the stage of the project. Do not assume it, and do not simply let payments lapse. Ask for advice before the next date. Where possible, keep the money aside so you can show you were ready to perform.
Before any formal step, decide what you want. Some buyers want the property finished and transferred. Others want their money back. These aims can lead to different remedies, and a step taken towards either can damage the other. For example, ending the contract may affect any later claim to the property itself.
The usual formal step is a notarised warning letter (ihtarname). A Turkish notary sends it to the addresses in the contract and on the company's record. It sets out the breach and states what the developer must do. It can also give a period for doing it and reserve your rights.
The letter creates dated evidence, which is valuable even if nobody replies. It may also be needed before you can end the contract or claim certain losses. The wording matters, so it should be prepared with your wider plan in mind. A badly worded letter can create new arguments for the developer.
Do not worry too much if nobody collects the letter. Contracts often contain a notice address, and Turkish law has rules on service. Courts also have ways of serving papers on a party who cannot be found. A missing developer does not automatically stop a claim from starting.
Now look at any power of attorney you gave. Some buyers sign such a document in favour of an agent, a developer's lawyer or a member of the sales team. If you no longer trust that person, ask a lawyer about revoking it through a notary. Then check whether it has already been used to sign anything in your name.
Foreign buyers often need to give a new power of attorney to their own lawyer, so that work can continue in Turkey. It can be signed before a notary in the UK or at a Turkish consulate. Keep its wording limited to what your lawyer needs to do.
Be wary of new faces as well. Another company may appear and say it has taken over the project. It may ask you for more money or ask you to sign a new contract. Sometimes this is a real rescue. Sometimes it is a way to get you to give up your rights. Have any offer checked first.
Urgent court protection while the developer is missing
If the facts justify it, a court can be asked for urgent protection. A precautionary injunction (ihtiyati tedbir) can seek to stop a unit or plot being sold or charged. A precautionary attachment (ihtiyati haciz) can seek to hold assets for a money claim. Each has its own conditions, and the court may require you to provide security.
Which court hears the case depends partly on why you bought. Turkish consumer protection law has special rules for homes sold before completion. A home bought for personal use may therefore go to the consumer court (Tuketici Mahkemesi). A purchase made purely as a business investment may be treated differently. Mediation may also be a required step before some claims.
What you can recover, and from whom, depends on your papers and on what the company still owns. If your checks show a bankruptcy or restructuring, see our guide on what happens if your Turkey property developer goes bust.
The facts may suggest fraud rather than failure. Warning signs include the same flat being sold to several buyers, or money being taken with no real project behind it. A complaint can be made to the public prosecutor (Cumhuriyet Savciligi). A criminal case does not by itself return your money, so its timing should be considered alongside any civil claim.
For wider background, see our overview of property law in Turkey. Your own case will turn on your documents, the register and what the developer has left behind. Nobody can honestly promise a result at the start. A careful review can show which options are realistic.
When to take advice
Take advice as soon as the silence looks more than temporary. Move faster if a payment is due, if your contract is not on the register, or if a register note is ageing. Do the same if someone approaches you with a takeover offer. If you need help, read about instructing a property lawyer in Turkey or our guide on choosing a Turkish property lawyer.
No general guide can settle what to do if your Turkey property developer disappears, because each contract and register entry differs. Your first meeting will go faster if you bring your contract, payment records and log. A lawyer can then tell you which dates matter and which step comes first.
Canko Law Firm is a boutique firm of UK solicitors and Turkish lawyers. We act for clients in the UK and across Turkey, including Antalya, Bodrum, Fethiye, Kalkan, Kas, Marmaris and Oludeniz. Meetings can be in person, by phone or by video. We cannot offer legal aid or pro bono work.
Common questions
Does a silent developer mean the company has failed?
No. Silence alone proves very little. The company may be in financial trouble, in dispute or avoiding its buyers. Check the Trade Registry, court notices and the site before you decide what has happened. Your next steps depend on the answer. If your checks show insolvency, see what happens if your Turkey property developer goes bust.
Should I keep paying my instalments?
Do not decide this alone. Paying a missing developer carries obvious risk, but stopping may be treated as your default. The answer depends on the contract and the stage of the project. Take advice before the next payment falls due, and keep clear records.
Can I get my money back from a missing developer with only a private contract?
Possibly. A private contract may not allow you to force a transfer of the property. It may still support a claim for the return of your payments. Your bank records will be important evidence. Recovery will also depend on what assets can be found.
Can I bring a claim if the developer cannot be found?
Often, yes. Turkish courts have ways of serving papers on a party who cannot be located. Winning a judgment does not by itself mean you will be paid, so check this early.
Do I need to travel to Turkey?
Often, no. A court may occasionally ask you to attend, and your lawyer will tell you if so.
Is there a time limit for taking action?
Yes. Limits apply to court claims, and they vary with the type of claim. Separate limits can affect a note on the land registry and some criminal complaints. Do not wait for the developer to come back. Get advice on your own dates early.
Related reading
If this affects you, you can book a consultation with Canko Law Firm.
