Protection for property buyers in Turkey

[Andy]

Click Link Below


Protection for property buyers in Turkey (http://www.ipetitions.com/petition/protectionforbuyers/index.html)
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[Chris Betts]

Thanks Andy, hope everyone signs this petition.

[Dalyansteve]

Yes thanks for that.
The annoying thing about buying in Turkey is the wait for military clearance which could be done instantly in the Tapu office and then it would be all done in a day just like it does for Turkish citizens. This system has been on the cards for about 2 years it just has not come into effect yet.

[CantWait]

Absolutely agree with the principle of the petition but I am amazed at the numbers of Brits relying entirely on their builder or estate agent and not getting their own solicitor - we wouldn't do it in England but seem to get lured into a false sense of security when buying in Turkey. Fortunately the majority do seem to be honorable or there would be more horror stories of Turkey home buys gone wrong

We trusted our builder fully and 3 years down the line he's proved to be a real gem but we did get our own solicitor in Turkey just to make sure - it was extraordinarily inexpensive and giving them power of attorney for the purchase made life a hell of a lot easier

Buying in Dalyan was one of the best decisions we ever made - it just keeps on delivering - the people are great but the best advice I can offer anyone thinking of buying is find yourself a good local solicitor to guide you through the whole process and give you the piece of mind that someone is genuinely looking after your interests

Second bit of advice is just get on and do it! You won't regret it

Mike

[Chris Betts]

I am so pleased to hear a positive story of purchasing property in Dalyan, but please do not think that people get ripped off because they stupidly did not use a solicitor. We DID use a solicitor and still got conned from day one!:Mad:

[Andy]

As a good friend of Pete & Chris i have seen the heart ache both have gone through over the last few years trying to get there problems solved

and maybe once its sorted they will share it with the rest of you guys & galls

[Chris Betts]

Thanks Andy.

[CantWait]

Really sorry to hear you had and have problems Chris - hope there's light at the end of the tunnel and you get it sorted

Mike

[Dalyansteve]

The reality as a foreigner buying in Turkey is different from a Turkish citizen in too many ways to list.
But if the authorities got their finger out and did the military clearance at the Tapu office a buyer would know instantly that the property they are buying was in their name and could then hand over the money with full confidence.

There are also many, not so much unscrupulous but ill informed "friends" who will try to sell you anything to get commision, they don't know or care that foreigners cannot buy outside of a Belediye Imar Plan and then register the property in their own name for you without thinking of the long term consequences. Or perhaps they do!!!

My advice, always, always obtain a copy of the Tapu and go to the Belediye and check yourself that it is in the Imar plan, if necesary hire an official translater, preferably one that does speak English and has nothing to do with the agent or the seller, and go to the Tapu office and make sure there are no debts set against the property.

The lawyers in Dalyan are on the whole pretty honest, but even they can have their own agenda so find your own not one recomended by a builder or an agent.

Yes I do get involved in buying and selling and have helped many people buy property successfully and I have never had anything to do with anything dodgy. But after living here for 11 years I should have some idea of who to trust and who not to. When I was buying my own property 10 years ago, I rented for a year, I too nearly fell foul of a bargain that seemed too good to be true and it ended up that the property I 1st wanted was on farm land with a licence for one building, there were 5, and the seller would not transfer the licence nor the minimum regulation of 5 donum for it to be legal so I said no thank you and walked away.
Sometimes you have to be hard headed and thankfully I was, but everyone said it was OK to buy it? Maybe for a Turk it is but not for me.

[tarla kusu]

I've just read the petition. whilst i agree with the sentiment, it would be useful to have the wording, the names of the petitioners and the person to whom the petition is to be presented and when.

The system actually works OK in Turkey and is probably less involved than UK provided you use a bit of common sense, for which there is no substitute.

However the grey areas seem to occur when there is a developer having multiple "occupation units" on one site . This is so often the case when the developer is in partnership with the registered land owner or when the developer mortgages the land in order to have additional funds available for whatever purpose. Under these circumstances I would ensure my interests were protected by taking specific legal advice. (Even then i would probably walk away as I know of no Turkish legislation that will protect my interests unless the TAPU was registered in my name.)
If it gets complicated don't go there; the courts are notoriously slow and trying to get a judgement and then enforce it , is going to try the patience of Job and the pockets of Rockerfeller.
Do your homework. Don't believe all you're told . Check all the the documents yourself, for instance just a simple check that the vendor is the same as the regiistered owner as shown on the TAPU is a useful start.
It doesn't cost a lot to get an independant english speaking lawyer to check all the building and planning controls are properly adhered to and that the vendor's title is good and that there are no liens or encumbrances on the property. Just follow the same procedures as you would in buying a property in UK.
I just do not understand why people leave their brains at the airport and part with large amounts of cash so often trusting their " new best friend " who is, for sure, taking a fat commission and may be disguising the truth.
it is not difficult. You don't have to part with 90% of the money until you have a TAPU registered in your name. If you can't do this , walk away. There are plenty of properties available and it is a buyer's market.
Even your 10% deposit you can put in escrow with a lawyer so you minimise the risks.
I have gone through the process twice in Turkey and have found it pretty straight forward. Maybe I was lucky but you do make your own luck.

[Dalyansteve]

Tarla kusu, well said and most elloquently put. Are you a lawyer or something?