INFORMATION 1 : A PRE-SALE CONTRACT OF AN IMMOVABLE MUST BE DRAFTED BY NOTARY. FOR THE SALE AND TRANSFER OF THE OWNERSHIP MUST BE MADE IN THE DEED REGISTRY OFFICE.
We must inform you that the agreement for transferring the ownership of an immovable (the purchase agreement) is going to be totally void-invalid, if it is not made in the notary public. (According to Turkish Obligations Act art. 29,237 and Turkish Notary Act art. 60/3 – 89,) the pre-sale contracts in which the seller are obligated to transfer the ownership of any real-estate (land, field, garden, house whatever) must be prepared-drafted by notary public. (düzenleme şeklinde satış vaadi sözleşmesi.) The sale agreements and transfer of the ownership shall be only done in the deed registry office (tapu).
If you sign this kind of a void agreement, you can only claim your money back from the seller. (only if you prove that you paid the amount, you can claim back)
CONCLUSION : NEVER SIGN AND GIVE ANY MONEY IF THE SELLER DON’T ACCEPT TO MAKE THE CONTRACT WHICH IS DRAFTED BY NOTARY. (ALSO PLEASE READ THE NEXT INFO.S , AS MAKING THIS AGREEMENT BY THE NOTARY WON’T BE ENOUGH TO SECURE YOURSELF)
DID THE SELLER INFORM ABOUT THESE RULES? IF NOT, STAY AWAY FROM THESE PEOPLE
INFORMATION 2 : THE DETAILS OF THE IMMOVABLE MUST BE KNOWN (the location, parcel number, actual owner of the immovable, type of the immovable must be checked)
If they accept to sign the purchase agreement in the notary public, here comes the second step.
In the purchase contract, the details of the field, (location in City , part, parcel numbers) must be written. So you can know, if the Sellerreally owes the field. If you had signed a contract without the parcel details, you can consider it as weird situation that they didn’t give the land parcel details. A contract without particular plot is definietly invalid-void. ( Every land in deed register has a parcelization number in Turkey.)
Once the seller or an agent shows you a land, you can even check the parcel numbers with coordinates. (there is an official application from goverment, which helps to find the parcel number. https://parselsorgu.tkgm.gov.tr/ .. it has also an mobile aplication which allows to understand the parcel and size details of the immovable.) So you need to be sure that the place where they show, and the parcel numbers of the plot must match. Afterwards, and the deed records can be checked.
As mentioned above, if they give the details of the field, the deed register of the land must be checked. (also so that you can check the actual prices in the same area with same type of the fields.) Even if the seller is the real owner and they accept to sign the pre-sale contract in Notar, you need to secure yourself, as mentioned hereby.
Hereby we want to give an example: Imagine a seller shows the same field to five different buyers and makes different five simple written void agreements and is collecting money from the five different buyers. In order to avoid these kind of risks, you need to secure yourself!
INFORMATION 3 : IF THE SELLER AGREES TO SIGN THE CONTRACT IN NOTARY PUBLIC AND GIVES THE DETAILS OF THE PLOT (OR IF THE PLOT DETAILS ARE MATCHING WITH THE PLACE THEY SHOW) AND IF THEY PROVE THAT THEY ARE THE OWNER , YOU CAN HAVE AN EXPERTISE REPORT FOR THE ACTUAL PRICE FROM AN OFFICIALLY REGISTERED EXPERTISE COMPANY. WE SUGGEST YOU TO TELL THE SELLER THAT YOU WANT EXPERTİSE BEFORE YOU PURCHASE. ALSO BE SURE THAT THE EXPERTISE COMPANY IS A REGISTERED COMPANY. (NOT A COMPANY RELATED TO THE SELLER) THERE ARE DOZENS OF EXPERTISE COMPANIES EVEN OWNED BY GOVERMENT BANKS
If the seller can prove the informations mentioned above, we strongly suggest you to have an expertise report from an official expertise company. Here we send the list of the expertise companies from Turkish BANKING REGULATION AND SUPERVISION AGENCY which is opened as an individual agency according to Banking Law Code of Turkey
https://www.bddk.org.tr/WebSitesi/turkce/Kuruluslar/Degerleme_Kuruluslari/Degerleme_Kuruluslari.aspx (as you see there are dozens of legally official and authorized expertise companies.)
INFORMATION 4: CHECK THE DETAILS OF THE SELLER COMPANY, IF YOU BUY ANY TYPE OF IMMOVABLE FROM A COMPANY.
It is very important to check the company in official records. A person can easily found a company and also in Turkey the Companies have different juridical personalities, as usual. This means, if you pay money to a company due to a void or a valid contract , the company is obligated to pay back the amount. Not the individual person!
INFORMATION 5 : ACCORDING TO DEED REGISTRY ACT Art. 35 (TAPU KANUNU m. 35), THE FOREIGNER BUYER OF AN IMMOVABLE ON WHICH THERE IS NO CONSTRUCTION ON IT, HAS TO GIVE AN OFFICIAL PROJECT TO THE MINISTRY WITHIN 2 YEARS OF PURCHASING AND ACQUIRING THE OWNERSHIP OF THE IMMOVABLE. THE PROJECT MUST BE ALSO ACCEPTED BY THE MINISTRY. IF THE FOREIGNER BUYER DOESN’T SHOW ANY PROJECT TO THE MINISTRY OR IF THE PROJECT IS NOT APPROVED BY MINISTRY, THE FOREIGNER OWNER HAS TO SELL IT WITHIN A YEAR. IF NOT, GOVERNMENT SELLS IT WITH ENFORCEMENT.
Has the seller informed you about these rules? If not, you can be suspicious.
INFORMATION 6 : ACCORDING TO THE LAND PROTECTION AND FIELD USAGE ACT OF TURKISH REPUBLIC Art. 8 (TOPRAK KORUMA ve ARAZI KULLANIM KANUNU MADDE 8) the plots, depending on their status can’t be secreted , if the secreted sections are lower then the indicated sizes). Also the number of the partner owners of a plot can’t be raised.
According the art. 8, if the field is “absolute agriculture field” ,”marginal agriculture field” the secreted plots must be minimum 20.000m2. This size is for “Planted agriculture fields” it is 5.000m2.
In addition the sizes written in the codex can be arisen by the ministry of REPUBLIC OF TURKEY MINISTRY OF FOOD, AGRICULTURE AND LIVESTOCK. Therefore it is also very important to check the details of the plot as mentioned in information 2 above.
INFORMATION 7 : If you make a second agreement for the management contract with a third company related to the seller,the manager party must give a guarantee for the minimum quantity of the yearly product. Do they give it?
In practice we face some Turkish companies with claimed business models. Never sign a contract without a legal assistance.