Purchase agreement
Registration of the rights to real estate in Turkey is a state prerogative. Only the state body – Cadastral management issues to the new owner vladenchesky title TAPU. Anybody is more in Turkey, even notaries, have no right to arrange and register transactions on real estate purchase and sale. And only only TAPU is confirmation of your indisputable right to real estate.
Documents for registration of TAPU accepts district (Antalia, Alania, etc.) Cadastral management in the object location, further documents pass coordination in military department in Izmir. After its positive decision the property right (TAPU) is arranged, and already based on TAPU fixed residence permit is issued.
There is a reasonable question: if all decisions makes and, respectively, all legitimate real estate documents are issued by the state body, what role is played by the purchase and sale agreement between the buyer and the seller?
Really, the provisional agreement of purchase and sale of real estate which you sign with the seller owner of object, isn't the certificate of the property right provided by Cadastral Uparavleny, the agreement on a sale purchase signed by two parties confirms your rights to property and readiness of the owner to assign you property possession rights in case of observance of all arrangements obligatory registered in the agreement. General coordination of the price of object, conditions of its payment affirm as agreements. Can be stipulated in the agreement and other important conditions, up to what built-in furniture and equipment will be is in your apartment and when to the pool in your complex will pour water. This agreement is shown in your bank when there comes term to do payment as without agreement (the translation basis) it is impossible to make transfer into account of the legal entity.
Most often the purchase and sale agreement of real estate happens the tripartite agreement in which the agency performing sale of this object and mediating between the seller and the buyer as equals acts. And it isn't accidental. The agency undertakes to protect the rights of the buyer and the seller, and also completely to help in receipt of all necessary documentation for property registration addressed to the buyer (at least, quite so it registers in the agreements signed with the participation of RestProperty agency).
It is thus important to understand that for the foreigner, in connection with duration of procedure of receipt of all permissions in state bodies, agreement signature and obtaining to Tapp are significantly removed on time from each other. Certainly, it creates certain risks. And here the purchase and sale agreement and authority and reliability of intermediary agency allow to regulate behavior of the parties and to reduce risks. In the worst case, according to this document though it will be impossible to require accomplishment of liabilities on transfer of property, but it will be possible to use this agreement as the proof in court, and to return everything to an initial provision, i.e. the buyer will be able to require return of the paid money fully.
Whether it is necessary to certify the agreement notarially?
The law allows a simple written form of the purchase and sale agreement of real estate. Moreover, if to look at agreements which are signed between two Turkish citizens or the buyer and agency, there often there are no seals – only the signature as in Turkey the signature is the main sign of validity of any document. All the rest including the notarial certificate, you can make at desire and at own expense, but it won't have special legal weight. In court, once again we will repeat, the simple written form of the agreement is valid. If, having on hands the agreement, you accept the apartment in using and you sign the Act of acceptance transfer of a real estate object, and then suddenly for any reason the seller refuses to transfer to you the ownership (i.e. to renew real estate in the State Registration Chamber), in this case under the law of the Republic of Turkey to you will be obliged to return all paid means. It is equally fair both for the agreement certified by the notary, and for the prisoner in common form behind signatures of the parties. And as even for the Russian bank the signature of the notary isn't necessary, its absence and really doesn't impose any restrictions.
The reason for which the majority of agreements of the Restproperty company aren't certified at the notary – unwillingness of clients to pay higher tax amount when obtaining to Tapp. That means. In case of TAPU registration usually in it the cadastral project cost of real estate which is much lower than the market is brought. And tax payment happens from this amount. If you provide the agreement certified by the notary, in it market value of object, that on which you purchased real estate is specified. And in this case it is necessary to pay taxes from this amount.
Nevertheless, we will note that there are two forms of notarial assurance of the sale and purchase agreement of real estate: before receipt of permission from Izmir (in this case the notary guarantees return of means, but can't guarantee that the seller won't refuse purchase). And after receipt of permission from Izmir – so-called Sat ış vaad ı. For foreigners the last option doesn't make sense as at this stage Tapp can receive already, and here a tax it is necessary to pay from market value (about what we already spoke above).
Completely the buyer foreigner can secure himself by only one method: having imposed so-called Şerh – the peculiar mortgage registered in Cadastral management of the region of purchase where it will be fixed that you, the buyer, paid to the seller a certain amount on account of purchase of specific real estate. In this case the cadastral project cost doesn't change as before receipt of permission from Izmir there is no sense to pay all market value and Şerh paid at the time of overlaying the amount will be at least official project cost. But if the seller will decide to sell this object to someone to another, in case of renewal to Tapp the employee will see record about imposed Şerh and without fail will report that this object to be under a mortgage and on this real estate other buyer has the rights.
Author: RestProperty
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