Suing a Developer in Turkey: A Complete Guide to Recovering Funds for Construction Delays.

Introduction

Buying property in Turkey is an investment meant to generate profit, not headaches. However, reality doesn’t always meet expectations: developers delay project completion, leaving buyers in limbo—without property titles or clear timelines.

If you’re facing such a situation, you have legal options to claim compensation or recover your funds. In this article, we’ll cover:

Step-by-step action plan
How to choose a lawyer and avoid scams
What compensation you can claim
Why mediation is better than court

⚠️ Important: No honest lawyer will guarantee 100% success. If someone promises this, it’s a scam.

1. Grounds for Filing a Claim Against a Developer

Under Turkish law, you can demand compensation or terminate the contract if:

🔴 The developer misses project deadlines (delays over 6–12 months).

🔴 The property doesn’t match the project specifications (lower quality, altered layout).

🔴 The developer conceals legal issues (missing permits, encumbrances).

🔴 Construction is frozen, and funds aren’t refunded.

❗ Important: Review your contract—it should clearly outline deadlines and the developer’s liabilities.

2. Step-by-Step Guide: How to Recover Money from a Developer

🔹 Step 1. Pre-Litigation Notice (İhtarname)

What is it? An official demand sent to the developer through a lawyer or notary.

What should the notice include?

✔ Contract details

✔ Description of violations (delays, non-compliance with the project)

✔ Demand (refund or compensation for losses)

✔ Response deadline (usually 7 days)

What’s next?

If the developer ignores the notice → proceed to mediation.
If they offer a compromise → you may settle without court.

❗ In practice, developers often send a standard response denying the claim, which formally closes the pre-litigation stage and allows you to move forward.

🔹 Step 2. Mandatory Mediation (Uzlaştırma)

Why is it important?
Since 2018, mediation is mandatory for commercial disputes in Turkey. It’s faster and cheaper than court.

How does it work?

File an application with the court to appoint a mediator.
The court assigns a mediator.
1–3 negotiation meetings are held.
If an agreement is reached, it has the force of an enforceable document.

⏱ Timeline: 1–2 months.

🔹 Step 3. Filing a Lawsuit

If mediation fails, file a lawsuit.

Where to file?

Consumer Protection Court
Commercial Court — if the dispute involves multiple properties

What documents are needed?

Copy of the contract
Payment records
Pre-litigation notice and developer’s response (if any)
Construction status report (if available)

Timelines:

First instance: 6–18 months
Appeal: +6–12 months
Cassation: +1–2 years

🔍 Key Facts About Appeals and Cassation

In practice, many disputes are resolved at the first instance, especially if the developer lacks strong arguments or seeks to avoid further costs. However:

When a developer agrees with the ruling immediately:

If the court’s decision is lenient (e.g., payment in installments)
If there’s a risk of a harsher ruling on appeal
When prolonging the process damages their reputation or risks forced recovery

When a developer files an appeal:

To buy time — especially if facing asset seizure or account freezes
To delay enforcement: filing an appeal doesn’t suspend enforcement, but if the developer deposits the awarded amount with the court, enforcement may be postponed until the process concludes
If they hope to find procedural errors in the first instance’s ruling
If they have strong legal support and believe they can change the outcome on appeal

Downsides of appeals/cassation for developers:

Additional legal fees and attorney costs
Increased debt due to potential interest and inflation adjustments
Heightened pressure from clients and media
Loss of trust from investors and potential buyers

Thus, savvy developers prefer to settle early—while there’s still room for compromise and reputational damage is minimal.

3. How Much Can You Recover?

Full refund of payments.
Compensation for delays.

🔒 If construction is halted, the project is altered, permits are missing, or delays exceed 6 months.

4. How to Choose a Lawyer: What to Look For

In Turkey, you’ll work with a private lawyer for such cases—an independent professional you contract directly. Their expertise determines how effectively your interests are protected and how quickly you achieve results.

❓ What a Good Lawyer Will Never Say:

🚩 “I guarantee 100% victory!” — No reputable lawyer makes such promises.
🚩 “We’ll sue everyone!” — An irrational approach that yields no results.
🚩 “The longer we drag it out, the better” — In reality, you lose time and money.

✅ How to Spot a Competent Lawyer:

✔ Has experience with Turkish real estate cases

✔ Uses both litigation and pre-litigation methods

✔ Provides an honest, realistic assessment

✔ Avoids hopeless cases

💡 If you’re unsure where to start, we can share contacts of a trusted lawyer-mediator with a proven track record in developer disputes, someone you can truly rely on.

5. Peaceful Negotiations: Is Court Always Necessary?

Before resorting to mediation or court, try taking the first step—start peaceful negotiations directly with the developer.

🕊️ At RestProperty, we always advocate for peaceful dispute resolution when possible. Sometimes, the developer is unaware of your situation or open to compromises—but only if you take the initiative and approach constructively.

🤝 Often, a calm, direct conversation yields unexpected results: installment plans, discounts, bonuses, or expedited document processing.

💬 They say: “Burning bridges” cuts off your way back. But who knows what lies ahead?
Connections aren’t just acquaintances—they’re investments in your future.
Don’t rush to sever ties—preserve contacts that could one day be your resource.

Benefits of Peaceful Negotiations:

No costs for lawyers or courts
Quick resolution
Potential to maintain amicable relations
Flexibility in terms—achieve outcomes courts can’t offer

❗ If the developer is open to dialogue, that’s a good sign. It means there’s a chance to settle.

6. Advantages of Peaceful Resolution Through Mediation

In Turkey, mediation is mandatory: courts won’t accept a lawsuit without an attempt at pre-litigation settlement. Thus, the first step in any legal process is a meeting with a mediator.

Advantages of Mediation:

Saves time and money
Less stress
Agreements have the same legal force as court rulings
Preserves good relations between parties

Conclusion: If the developer is willing to negotiate, mediation is the best way to resolve the dispute.

7. Conclusion: Key Tips

Don’t delay—the statute of limitations is 10 years
Try peaceful negotiations
Choose a lawyer experienced in Turkish real estate

Main Point: Your goal is to exit the project profitably, not to enrich a lawyer.

What does “exit profitably” mean?
📌 It’s not always about immediate sale.
If the project is delayed, you can:
• Obtain the TAPU once construction is complete
• Negotiate bonuses or compensation
• Keep the property as a long-term investment

🏡 Real estate is an investment. Profit depends on timing: sometimes it’s better to sell, sometimes to hold and buy more.
Panic during a stagnant market leads to losses. Analyze the situation calmly.

⚖️ If the developer refuses to compromise, file a lawsuit.
But with the right lawyer, the process will be not only justified but also profitable for you, not a loss.

Need Help Recovering Money from a Developer?

Submit a request, and we’ll connect you with a trusted lawyer in Turkey!

🔹 Free consultation for RestProperty clients only

🔹 We handle only real cases

🔹 No “100% guarantees”—only honest assessments

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