Anyone interested in purchasing property in Turkey only need use a little common sense before signing on the dotted line and committing themselves to a binding contract. All too often foreigners visit Turkey on holiday and find a country with incredible natural beauty, exceptional weather and friendly people. The price of property may seem quite low if they are used to prices in the UK or other western countries so they rush out and find what they feel is a suitable property and soon sign a contract. They have spent several holidays in Turkey but they have never spent more than a few weeks time in the country. Then they go home quit their jobs and sell homes, cars and bail out for what they believe will be a perfect early retirement in paradise. They move to their new home in Turkey and after several months start to get a little disenchanted when they find that living in a foreign country doesn't always match the expectations they formed from holiday visits. Turkey is still a paradise, but the expectations they had based on short visits, falls short and disillusionment sets in.
If they had first rented a small place in their choice of destination and spent at least 6 months getting really acquainted and learning more about the area then more than likely they might have found a better located and less expensive property. Or possibly looked at other locations in the area, or even decided that living full time in a foreign country was just not particularly their cup of tea. Often compounding the problem is the fact they find little to occupy themselves with in a country where they are not allowed to work. Some faced with this dilemna decide to open some sort of business with a Turkish partner and in most cases end up losing a bundle before leaving the country totally angry and disillusioned. If the idea of opening a business ever comes up it is advisable to run down the street in a different direction as quickly as possible. Even though some will say problem yok (English: no problem) there is generally always a problem - or more than likely several problems.
If considering a property purchase in the Dalyan, Koycegiz or Orkular areas be sure to contact Fazile or Sezgin at King Emlak in Dalyan. Both speak English and Turkish and are extremely knowledgable and professional. Below are guidelines published by the Turkish government in regards to foreign property purchases in Turkey.
Individuals of foreign nationality may buy property in Turkey if reciprocity exists between Turkey and the country of which they are a citizen. Information on reciprocity lists can be obtained either from your country`s diplomatic missions in Turkey, or from the Turkish Embassy/Consulates General in your country. Individuals of foreign nationality are advised to take due notice of the following points in order to avoid incurring loss when buying immovable property.
Official drawing up of contracts:
According to effective Turkish legislation, official contracts transferring ownership of real estate must only be drawn up at the Land Title Registery Office where the immovable is located. It is possible also to sign, in the presence of a notary public, a “promise-to-sell” contract prior to the official sale.
Acquisition of ownership of the immovable, the sale contract of which is concluded, can take effect only after registration at the Land Title Registery Office.
Legal Restrictions on Sale of Real Estate to Foreign Nationals:
A. Foreign nationals may buy immovable property in Turkey, as a work place or private residence, provided reciprocity exists between Turkey and their country, and legal restrictions are observed. However, the total area of the immovables purchased by a foreign national may not exceed 25.000 (twenty five thousand) square meters, even if the immovables are in different localities.
B. Permission has to be obtained from the military authorities of the region, through the Land Title Registry Office, before the purchase of an immovable. Sale to foreign nationals of immovable property located in a military security area is prohibited by law, and it is important to clarify this matter before any payment is made.
Practical Information:
A. Real persons of foreign nationality should bring with them the following to Land Title Registry Offices when acquiring immovables;
- Identity document or passport
- Foreign nationals whose acquisition of property is subject to a valid residence permit: Residence permit issued by the relevant police department
- If they wish to act on the basis of a power of attorney issued abroad (i.e. outside Turkey), the original or certified copy of the power of attorney together with a certified Turkish translation
B. Before a real estate sale contract is drawn up, an inquiry should be made at the relevant Land Title Registry Office as to whether such immovable is subject to restricted real rights, mortgaged, or any other situation exists which prohibits its sale.
C. Foreign nationals who wish to buy real estate in Turkey are advised,
- not to sign legally binding sales contracts or make any payments before obtaining information at the correct Land Title Registry Office about the immovable involved
- not to initiate procedures before investigating the sales persons or agencies involved, and to refrain from conducting business with persons or agencies who are not able to provide sufficient proof of their credibility
In case of a disagreement concerning the sale or purchase, the matter has to be referred to the judiciary, and a lawsuit has to be filed with the Turkish courts. It is not possible for the Ministry of Foreign Affairs of Turkey and Turkish diplomatic missions to interfere in the judicial process.
|
