Firstly when looking for a property to buy in Turkey, its not unusual for several estate agents to advertise the same property. What you may also find however is that the price may differ; this is due to estate agents 'adding' on additional commissions so something to bear in mind.

Secondly checking the paperwork is essential when buying a property in Turkey and best done by appointing a reliable, reputable, trustworthy and experienced English speaking lawyer who will check all paperwork at the title deed office to ensure there are no problems with the land, building permission has been granted, no debts on the land or that it is owned by somebody else. Many estate agents and/or developers may insist its not necessary for the client to appoint an indepedent lawyer but in my opinion this can only lead to potential problems in the future since all paperwork with the exception of the purchase contract is written in Turkish.   There will be additional costs to pay, e.g. Notary work, drawing up power of attorney, passport translation, map money but in my opinion it is money well spent. Cutting corners can only lead to possible further expense and unneccessary stress in the future.

Thirdly you must feel completely comfortable with the estate agent you are buying through. The agent should be able to answer in full all your questions about the buying procedure, additional costs involved as well as explaining how you can pay utility bills, taxes and arrange property insurance in the future. The agent has a responsibility to keep you informed at all times, reply to emails promptly, be contactable by telephone and if necessary send through updated photos regularly if the property is under construction or near completion.

Regards building standards. Once the property is completed this is checked by the by the building inspectorate to ensure it has been built in accordance with the original plans submitted.  Living licence can only be granted once the property has been signed off and this is shown on the title deed (TAPU) as Kat Mulkiyeti (Freehold property with living permission). Kat Irtifak or Arsa is not enough, and again if proper checks aren't made this could lead to additional expense in the future for the owner when they come to sell it. The authorities are tightening up also and ensuring that all propeties should have living licence; something the vendor/builder is responsible for obtaining.

A background check is carried out on all foreign nationals buying land or property in Turkey. Foreign nationals are only permitted to buy in areas that fall under a municipality. This is also the reason the laywer needs to include two maps: 1/5000 and 1/25,000 showing the area where the property is, as well the clients passport details which are translated at the Notary when applying for clearance from the military. The cost of these maps can vary because each municipality sets its own fee for these. Another reason why a reputable lawyer is essential, to check that the property being sold is within municipal boundaries. Clearance normally takes anywhere from 3--5 months to come back and only when received can the lawyer transfer the TAPU in to the new owners names, not before.  Most vendors however are not prepared to wait this period of time for most of the payment. A 10% deposit is required intiailly to secure (this is non-refundable) with further payment terms agreed between the buyer and the vendor - mediated by the estate agent. A small balance of around 5-10% if left to pay on the transfer of ownership (TAPU) as well as costs to transfer this, e.g. land registration feee, 3% property purchase tax. Because payments are sometimes paid upfront, or staged, it is essential also that the lawyer puts in penalty clauses to safeguard both parties interests. Normally the penalty clauses are heavier for the builder should he default in any way.  All terms and conditions of the sale which have been agreed should be set out in the purchase contract, which once signed then becomes legally binding according to Turkish law. In a worst case scenario the vendor could try to sell the property to somebody else as well after having signed contract, another reason why a reputable, trustworthy and experience English lawyer is essential.

Power of Attorney, known as Vekalet is drawn up at the Notary signed by the purchasers. This permits the lawyer to act on behalf of the clients and purchase the property in their name on their behalf and to sign all paperwork relating to this. He/She should also be the only person authorised to withdraw monies from the purchasers account, to pay to the vendor. Monies should never be sent direct to the vendors account unless there is a very clear understanding that both parties inform the agent/lawyer when monies have been transfered and received.

Property for sale in Turkey

Buying a property in Turkey is essentially very straightforward providing the following steps above are taken. There are additional costs on top which include an estate agency fee of 3% of the agreed purchase price paid by the purchasers, Notary costs and lawyers fee. Once clearance is back and the title deed can be transfered, again there is a 3% property purchase tax to pay: this is 3% of the amount declared on the TAPU in Turkish Lira which is less than the agreed purchase price; this is standard practice in Turkey at the moment. According to Turkish law this is paid equally by the purchasers and vendors, but in many cases paid solely by the purchasers, as well as land registry fees etc. Total costs on top of a purchase price average around 7-8%.

I hope the above helps and of course any questions by all means let me know. I've listed in bullet points also which may make things easier.

When you decide to buy our partners in Turkey will make sure:

•A copy of the title deed (TAPU) is given to the lawyer to check before a purchase contract is drawn up.
•Payment terms are agreed with the vendor (which we've already done) and these will be put in the contract as well as terms and conditions of the sale, e.g. whats included.
•You obtain a personal tax number from the Tax Office which is required to open a bank account and accompany them to the bank to open the account.
•Passport details are photocopied and translated at the Notary
•Power of Attorney known as VEKALET is drawn up at the Notary, this authorises the lawyer to purchase the property in your name on your behalf and to sign all paperwork and complete the transfer of title deed when your clearance comes back.
•A verbal explanation is given of what is written in the power of attorney is given to clients by a qualified Notary Translator; this is a requirment by law for those who don't speak fluent Turkish.
•After completing the above paperwork we go to the lawyers office where we meet with the vendor.
•A purchase contract is drawn up in English and Turkish outlining the purchase, terms and conditions and payment terms agreed.
•Both parties sign the purchase contract in the presence of the lawyer.
•You are given a signed copy of the purchase contract as well a copy of the power of attorney and their translated passport details. The lawyer requires the original translated passport details to submit with your application for clearance, as well as the original power of attorney to show to the bank when withdrawing monies from your account to pay to the vendor on the dates set out in the purchase contract. The lawyer is the only person with the valid power of attorney, who has authorization to withdraw monies from your bank account.
In Turkey a standard background check is carried out on all foreign nationals purchasing a property in Turkey and this is only a formality  because there are areas where foreign nationals cannot buy in Turkey the government request that two maps: 1/5000 and 1/250000 are submitted by the lawyer with the translated passport details and clients application for clearance. Each municipality sets its own fee for these maps which the lawyer obtains on your behalf.  Clearance normally takes around 3 months to come back. At this point the lawyer can transfer ownership of the property in to the new owners names and arrange for utilities (water and electric) to be put in the new owners names, but not before.

Just to reassure that once the contract has been signed by both parties it becomes legally binding according to Turkish Law and prohibits the vendor from selling it to anyone else. Penalty clauses are also put in the contract to safeguard both the interests of the purchasers and vendors in the event a party pulls out.

Lawyers responsibilities

•Check the title deed
•Draw up a contract outlining terms and conditions
•Submit the clients notarised passport details to the government enclosing the requisite maps (1/5000 & 1/25/000)
•On receipt of clearance she will arrange for the title deed known as a TAPU to be transfered in to their name. There are costs associated with this which are explained to the clients and are shown in the breakdown of cost sheet that I've attached also. These costs are paid on the transfer of the title deed in to their name.
•Obtain a house tax number so that annual property taxes can be paid
•Arrange for the connection of utilities to be transfered in to the new owners names and obtain customer numbers known as ABONE numbers so that utility bills can be paid in the future
•Arrange for 1 years DASK insurance. DASK is the mandatory Government earthquake insurance

View property for Sale in Turkey

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