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Things to Consider in the Title Deed Transfer Process for Foreign Buyers

Things to Consider in the Title Deed Transfer Process for Foreign Buyers

For foreign buyers, the title deed transfer process is not just about paying the sale price and receiving the title deed. For a safe real estate purchase, the seller's authority, the title deed registration of the real estate, mortgages and liens, zoning status, payment documents, foreign currency purchase document and the buyer's real estate acquisition conditions should be examined together. In connection with this topic Real Estate Law You can also review the content titled.

Real estate ownership in Turkey does not automatically pass upon the signing of a contract between the parties or the payment of the sales price. In order for the ownership to be transferred to the foreign buyer, the sale transaction must be carried out officially and the buyer must be registered as the owner in the land registry. For this reason, it is important to initiate legal checks even before the deposit, prepayment or reservation contract is signed.

What is Title Deed Transfer for Foreign Buyers?

Title deed transfer is the transfer of ownership of the immovable property from the current owner to the foreign buyer through an official transaction and the registration of this change in the land registry. When the title deed transfer is completed, the foreign buyer has the authority arising from the property right such as use, utilization, lease, sale and inheritance on the real estate.

Payments made or ordinary written contracts signed before the title deed transaction is completed do not directly confer ownership rights on the buyer. Although these documents can create a debt relationship between the parties, the real estate continues to legally remain on the seller unless there is a change of owner in the title deed.

Basic Checks to be Done Before Title Deed Transfer

Subject to Check Why is it Important?
Acquisition eligibility of the foreign buyer It shows whether there is an obstacle to purchase in terms of the buyer's citizenship, location of the real estate and acquisition limits.
The seller is the owner and authorized The person selling the real estate must be the real title deed owner or a representative with a valid power of attorney.
Title deed encumbrances It enables the detection of mortgages, liens, injunctions, usufructs, rents, family residences and similar records.
Title deed nature of the immovable It shows whether the place advertised as a residence is registered in the title deed as a residence, office, warehouse, land or any other nature.
Zoning and license status It ensures that the building complies with licenses, projects and usage permits.
Sales price and payment plan It ensures that the payment is made to the right person, traceable and compatible with the title deed transfer.
Foreign exchange purchase certificate It shows the foreign exchange process that must be completed before the title deed transaction in sales where a foreign real person is a buyer.
Purpose of citizenship or residence It ensures that the real estate and payment documents are arranged in accordance with the targeted application.

Foreign Buyer's Right to Acquire Real Estate Should Be Checked

Not every foreign real person can buy real estate in every region of Turkey and in the size they want. The citizenship of the buyer, the real estate previously acquired in Turkey, the region where the real estate to be purchased is located and the total surface area of the real estate should be taken into consideration.

The total surface area of the immovables that foreign real persons can acquire throughout Turkey cannot exceed the legal limits. In addition, it may not be possible to purchase real estate in military prohibited zones, military security zones, private security areas and areas closed to foreign acquisition.

Although the land registry office checks the suitability of the acquisition during the transaction, the buyer must have a preliminary examination before paying a deposit or sales price. If the acquisition obstacle arises after the payment is made, it may cause a dispute about the recovery of the price.

It should be investigated whether the seller is the real owner

It should be checked whether the person with whom the sale is interviewed is the registered owner of the real estate in the title deed. If the real estate consultant, project salesperson, contractor, relative or the person who actually uses the real estate is not the owner in the title deed, he cannot sell on his own behalf.

If the sale is to be made through a representative, the representative must have a valid power of attorney. It may not be sufficient for the power of attorney to contain only general statements. The powers to sell real estate, collect the sales price, sign title deeds and request registration must be clearly regulated.

If the seller is a company, the company's trade registry records, representation and binding powers, signature documents and whether a separate decision is required within the company for the sale of the real estate should be examined.

The Current Title Deed Record of the Real Estate Should Be Examined

The foreign buyer should not rely solely on the title deed shown by the seller. The old dated title deed may not show the current legal status of the real estate. Before the title deed transfer, the current and detailed title deed record and encumbrance information of the real estate should be examined.

In particular, the following information should be checked in the land registry:

  • Province, district, neighborhood, island and parcel information of the immovable,
  • Independent section, block, floor and door number,
  • The surface area and land share of the immovable,
  • The nature of the immovable in the title deed,
  • Name of the owner and ownership ratio,
  • Condominium ownership or condominium easement status,
  • Whether the immovable is shared,
  • Annotations, declarations, easements and pledges.

It should be ensured that the information in the title deed record and the house shown to the buyer represent the same immovable. Especially in large projects, issuing a contract based on the wrong block or independent section number can lead to serious loss of rights.

Attention Should Be Paid to Mortgage, Foreclosure and Injunction Records

There may be a mortgage, lien, precautionary attachment or court injunction on the immovable property. While some of these records directly prevent the sale, some may result in the transfer of the real estate with the debt.

If a mortgaged real estate is to be purchased, the current amount of the mortgage debt, which bank or person the debt belongs to, and at what stage the mortgage will be removed must be determined in writing. If a portion of the sale price is to be paid directly to the bank, the bank letter, closing amount, and mortgage cancellation process should be planned in advance.

The entire sales price should not be paid by relying on the seller's verbal statement that "I will remove the mortgage after the title deed transaction". In the transfer made without removing the mortgage, the foreign buyer may face the risk of acquiring the real estate with the existing mortgage burden.

If there is a seizure or precautionary injunction record, the immovable property may not be transferred. In order to remove these records, the necessary correspondence may need to be delivered to the land registry office by the relevant enforcement directorate, court, bank or creditor.

Family Residence and Spousal Consent Risk Should Be Evaluated

If the house subject to sale is used as a common living center of the seller and his family, it may be a family residence. If there is a family residence annotation in the title deed record, the explicit consent of the other spouse may be required for the sale.

The absence of an annotation in the title deed does not mean that there is no risk in all cases. In cases where the real estate is actually used as a family residence, it may be possible for the spouse to raise a legal objection after the sale. The marital status of the seller and the way the real estate is used should be evaluated in terms of the concrete case.

The Nature of the Immovable in the Title Deed Should Be Compared with the Actual Use

An independent section marketed as a residence may be registered as an office, shop, warehouse, land or field in the title deed. The nature of the immovable in the title deed; It can affect residence permit, citizenship, bank loan, insurance, subscription, tax and resale processes.

If the foreign buyer is buying a house, especially for residence permit, he should check whether the real estate is in the nature of a residence. A real estate that is actually used as a house but does not qualify as a residence in the title deed may not provide the expected residence permit result.

Condominium and Condominium Easement Status Should Be Checked

The fact that the independent section in a completed building has been transferred to condominium ownership is an important indicator in terms of the legal and technical status of the building. Floor easement, on the other hand, is usually seen in projects that have not yet been completed or whose transition to condominium ownership has not been finalized.

The purchase of an immovable property with floor easement is not illegal on its own. However, the building permit, occupancy permit, completion status of the project and why condominium ownership has not been transferred should be investigated.

For immovables that appear as land in the title deed but have a building on it, the license and registration status of the building should be examined in detail. Incompatibility between the land registry and the actual situation may cause sales and financing problems in the future.

Municipality and Zoning Records Should Be Examined

The absence of any problems in the title deed registration does not mean that the real estate is completely compliant with the zoning and building legislation. In addition to the title deed examination, the records in the relevant municipality and other administrations should also be checked.

The following documents are particularly important in this review:

  • Building permit,
  • Building occupancy permit,
  • Approved architectural project,
  • The location and size of the independent section in the project,
  • Zoning status certificate,
  • Whether there is a building vacation report or a demolition decision,
  • Expropriation or road widening plan,
  • Protected area, coastal, forest or agricultural land limitations.

Additional rooms, closed balconies, attics, basement areas and common area uses that are not included in the project may cause legal problems. The buyer should not make a decision based solely on the current physical appearance of the property.

There are Additional Risks in Shared Title Deed Purchases

If the foreign buyer buys a certain share of the real estate instead of an independent residence, he should not think that he has gained the right to use the real estate alone. In a shared title deed, the buyer becomes the owner of a certain share of the real estate, not a physical apartment.

In shared immovables, there may be a risk of pre-emption rights of other stakeholders, usage disputes and lawsuits for the elimination of the partnership. The seller's verbal explanation that "This share corresponds to this flat" does not constitute independent section ownership in the title deed.

If shares are to be purchased, a special legal examination should be made in terms of the use of the immovable, other stakeholders, the actual partition status and the right of pre-emption.

What Should Be Considered When Signing a Deposit Agreement?

If the deposit or reservation fee is to be paid before the title deed transfer, a detailed written contract should be prepared between the parties. It is not enough to have only the phrase "deposit received" in the contract.

The following provisions should be included in the deposit agreement:

  • Full identity information of the seller and buyer,
  • Open title deed information of the immovable,
  • Total sales price,
  • Deposit amount and payment date,
  • When and how the remaining price will be paid,
  • The date on which the title deed transfer will be made,
  • How to remove mortgages and liens,
  • If a problem arises as a result of the legal examination, the deposit is returned,
  • Consequences of one of the parties giving up the sale,
  • If there is a citizenship or residence purpose, special conditions for this.

The deposit should not be paid until the ownership of the seller and the legal status of the real estate are verified. It should be checked that the bank account to be paid belongs to the seller or the authorized person explicitly stated in the contract.

Ordinary Written Contract Does Not Transfer Title Deed Ownership

The sales contract signed by the parties at the real estate office or among themselves does not transfer the ownership of the real estate to the foreign buyer alone. An official sales transaction and title deed registration are required for the ownership to pass.

If a preliminary contract for the sale of real estate is to be made, the contract must be drawn up in the official way required by the law. Annotating the promise of sale to the land registry can provide the buyer with stronger protection against the risk of transferring the real estate to third parties.

If a purchase is to be made from the project or an immovable property under construction, the land ownership, construction permit, contractor's authority, delivery date, delay penalty and guarantee provisions should be regulated in detail.

Documents Required for Title Deed Transfer for Foreign Buyer

The documents to be requested by the land registry office may vary depending on the nature of the real estate, the citizenship of the buyer, the representation status and the purpose of purchase. In general, the following documents need to be prepared:

Document Points to Consider
Passport or country ID Must show nationality information; a notarized Turkish translation should be prepared when necessary.
Identity information declaration form It must be filled in fully compatible with the information in the passport.
Photo It must be up-to-date and accepted for title deed transactions.
Foreign ID or tax number It is used for identification of the recipient in the relevant public systems.
Title deed information of the real estate Island, parcel and independent section information must match the place subject to sale.
Real estate fair value information It is obtained from the municipality or through the system.
TCIP policy Buildings covered by compulsory earthquake insurance must have a valid policy.
Foreign exchange purchase certificate In the sale where the foreign real person is the buyer, it must be arranged by the bank before the transaction.
Bank Receipts It should show the payment flow, especially in transactions made for citizenship purposes.
Power of Attorney If the transaction is to be made through a representative, it must include the necessary special authorizations.
Sworn translator If the recipient does not speak Turkish, they must be present during the transaction.
Amount Determination Certificate Turkish citizenship through real estate acquisition is sought in the requested transactions.

Is a Valuation Report Mandatory for Normal Purchases?

In current practice, a valuation report is not required for normal real estate sales to which foreigners are parties but do not include the acquisition of Turkish citizenship. Due to previous practices, there may be outdated information on the internet that the appraisal report is mandatory for all purchases made by foreigners.

However, it is possible for the buyer to have an independent technical and financial valuation for his own safety. Even if it is not officially mandatory, independent appraisal may be useful in determining the real market value, physical condition and investment risks of the real estate.

Attention should be paid to the amount determination document in purchases for citizenship purposes

In transactions where Turkish citizenship is requested through the acquisition of real estate, the investment amount is confirmed with the Determination Document of the Amount Subject to Citizenship Acquisition by Real Estate Acquisition. This document is prepared through the relevant system and sent electronically to the land registry system.

In the real estate to be purchased for citizenship purposes, it is not sufficient for the announcement or contract price to cover the required investment amount. The following values must separately meet the amount required by the legislation:

  • The sales price declared in the official deed,
  • The amount in the foreign exchange purchase certificate,
  • The amount of payment made from the buyer to the seller,
  • Investment value accepted with the Amount Determination Certificate.

If one of the document and payment amounts is below the required investment value, it may negatively affect the citizenship eligibility process. For this reason, the foreign buyer with citizenship should have a conformity examination before choosing the real estate and paying the deposit.

What is a Foreign Exchange Purchase Certificate and When Should It Be Obtained?

In transactions where a foreign real person acquires real estate through purchase in Turkey, the foreign currency related to the sales price must be converted into Turkish lira through a bank operating in Turkey and a foreign currency purchase certificate must be issued by the bank.

The foreign currency purchase document must be prepared before the title deed sale is completed and sent to the relevant land registry office by the bank. After the title deed transaction is completed, it is not possible to issue a foreign currency purchase certificate retrospectively.

It is important that the following information is correct in the foreign exchange purchase document:

  • Name and surname of the person on whose behalf foreign currency is exchanged,
  • Passport or foreigner ID number,
  • The US dollar equivalent of the foreign currency,
  • Turkish lira equivalent,
  • Explanation that the transaction was made within the scope of the relevant capital movements regulation.

The amount subject to the foreign currency purchase certificate should only include the real estate sales price. It may not be appropriate to add real estate commission, attorney fees, taxes, title deed fees and other expenses to the sales price and include them in the document. Also Title Deed and Tax Procedures for Foreigners Buying Real Estate in Turkey should be evaluated together with the concrete case.

Foreign Exchange Purchase Certificate and Sales Price Must Be Compatible

The Turkish lira amount shown in the foreign currency purchase document is important in determining the sales price in the official title deed. The person, amount, and identity information on the document must be compatible with the title deed application.

Incorrect passport number, missing name, issuing documents in a different buyer's name, or exchanging currency for only a portion of the sale price can lead to delays in the title deed process.

If more than one immovable property is to be purchased, it is necessary to plan from the beginning for which immovable or immovable properties the amount in the foreign currency purchase certificate will be used. In citizenship procedures, the amount and date compatibility between the documents are examined more strictly. Citizenship Process for Foreigners Buying Real Estate its content explains other legal points related to this stage.

How Should the Sales Price Be Paid Securely?

The foreign buyer should not pay the entire sales price before the legal examination is completed and it is certain that the title deed transfer can be made. The payment method should be clearly determined in the sales contract and should be carried out simultaneously with the title deed transfer as much as possible.

The following precautions should be taken when making payments:

  • Cash and undocumented payment should be avoided.
  • Payment must be made through the bank.
  • It should be checked that the account holder is the seller or authorized person.
  • The title deed information of the real estate should be written in the receipt description.
  • The deposit and sales price should be stated separately.
  • If the payment is to be made in a different currency, the exchange rate and conversion method must be regulated in the contract.
  • If the mortgage is to be closed, the payment to the bank should be planned separately.
  • If the title deed transfer does not take place, it should be determined how the price will be refunded.

It is risky to send the sales price to the account of a third party who is not related to the real estate upon the request of the seller. If such a payment is mandatory, the identity of the account, the legal reason for the payment and the seller's express instructions must be documented in writing.

Risks of Understating the Sales Price in the Title Deed

Showing the sales price lower than the actual amount in the title deed in order to reduce taxes or fees creates legal and financial risks for both the buyer and the seller.

If the actual price is not shown in the title deed:

  • Penalties and interest may be applied due to missing fees.
  • It may be difficult for the buyer to prove the actual price paid.
  • If the contract expires, there may be problems in recovering the price.
  • The required investment amount for citizenship application may not be provided.
  • If the real estate is sold in the future, tax calculations may be affected.
  • There may be a mismatch between money transfers and the official deed.

The title deed sales price should not be lower than the property tax value determined by the municipality and should reflect the actual sales relationship.

Power of Attorney Issued Abroad Should Be Checked

The foreign buyer can complete the title deed process through his lawyer or other representative without coming to Turkey. However, the power of attorney issued abroad must comply with the Turkish land registry legislation.

The following issues are generally sought in the power of attorney:

  • Identity and passport information of the foreigner giving power of attorney,
  • Photograph of the power of attorney,
  • Authority to purchase real estate and request registration in the title deed,
  • Authority to sign sales contracts and official documents,
  • Authority to pay or deliver the sales price, if necessary,
  • If there is a citizenship purpose, the authority to commit not to sell for three years,
  • Signature, seal or certification of the issuing authority.

Depending on the country where the power of attorney is issued, an apostille annotation or Turkish consulate approval may be required. A notarized Turkish translation of the document must also be prepared.

Powers of attorney issued at Turkish consulates abroad can be a safer option in practice as they can be prepared in accordance with title deed transactions. However, before the power of attorney is issued, the scope of the transactions to be carried out should be determined together with the lawyer.

An Interpreter Should Be Available for Foreign Buyer Who Does Not Speak Turkish

If the foreign buyer does not speak Turkish, an authorized sworn translator must be present during the title deed process. The translator must explain the official deed and the legal consequences of the transaction to the foreign buyer.

The buyer should not sign a document they do not understand based solely on the verbal explanation of the real estate agent or seller. It is important that the interpreter is independent of the parties and has a sufficient knowledge of the language spoken by the recipient.

The sales price, real estate information, mortgages, commitments and special conditions should be checked again through a translator before signing.

How to Apply for Web Title Deed?

Title deed application can be made through the Web Tapu system. There is a foreign portal in the Web Tapu system for foreign real persons who do not have a foreign identity number or e-Government password.

During the application, real estate and party information are entered into the system, the necessary documents are uploaded and the transaction type is selected. After the land registry directorate examines the documents, the deficiencies, fee information and appointment date are notified to the parties.

Following the application by a real estate agent or another person does not automatically authorize this person to sign the title deed. If a representative is to be used in an official sale, there must be a valid power of attorney.

What Procedures Are Done at the Title Deed Appointment?

After the documents are approved and the necessary payments are completed, the parties are present at the land registry office on the notified date. Identity verification is done, an official deed is prepared and the transaction is explained to the parties.

Before signing the title deed, the foreign buyer should check the following information for the last time:

  • Island, parcel and independent section information of the purchased immovable,
  • Identity information of the seller and buyer,
  • The sales price written in the official deed,
  • Mortgages, liens and other records on the immovable,
  • Commitment not to sell, if any, given for citizenship purposes,
  • Powers of representation if the transaction is made through a proxy.

Upon signing the official deed and completing the registration process in the land registry, the ownership is transferred to the foreign buyer. After the transaction, the current title deed document should be obtained and the buyer's name and real estate information should be checked again.

Title Deed Fee and Other Costs Should Be Determined in Advance

During the transfer of the title deed, title deed fees, revolving fund fees and other expenses may arise depending on the nature of the transaction. How the parties will share the title deed fee among themselves can be determined in the sales contract.

Here are the main expenses that a foreign buyer may encounter:

  • Title deed fee,
  • Title deed revolving fund fee,
  • Foreign exchange and bank transaction costs,
  • TCIP premium,
  • Interpreter fee,
  • Notary and power of attorney expenses,
  • Apostille and translation costs,
  • Valuation and Amount Determination Certificate expenses in citizenship transactions,
  • Legal consultancy and real estate service fees.

Before the sale, it must be determined in writing which party bears all costs and payments to official authorities must be made only on verified collection information.

The Debts of the Real Estate Should Be Checked Before the Title Deed Transfer

The fact that the title deed record is clean does not mean that there are no debts related to the real estate. Real estate tax, site dues, common expenses, electricity, water, natural gas and similar debts should be investigated separately.

Especially in residences located in a site or apartment, it may be useful to obtain a letter of no debt from the management. In order to avoid a dispute between the new owner and the old owner due to dues and common expense debts, it should be stated in the contract that the debts until the transfer date will be paid by the seller.

If the property is tenanted, the lease agreement, deposit, unpaid rent and eviction status should also be checked. The purchase of the tenanted real estate does not automatically terminate the lease agreement. About the relevant aspect of the process Things Foreigners Should Consider When Making a Rental Agreement in Turkey There is detailed information on the page.

Delivery Report Should Be Prepared

The transfer of the title deed and the actual delivery of the house may take place on different dates. The sales contract should specify when the keys will be delivered, whether the property is vacant or tenanted, and the condition of the items inside.

It is recommended to prepare a written delivery report during the actual delivery. The following information can be included in the report:

  • Delivery date of the keys,
  • Electricity, water and natural gas meter values,
  • Existing damages to the immovable,
  • Delivered fixtures,
  • Site card, parking lot control and other equipment,
  • Whether the seller left items in the immovable,
  • Information that the property has been delivered empty and ready for use.

In case of defective or incomplete delivery, taking photographs and video recordings on the delivery date can also provide ease of proof.

If the title deed is to be transferred for the purpose of Turkish citizenship, additional checks are required

If the foreign buyer is purchasing the real estate for the purpose of Turkish citizenship, unlike a normal title deed transaction, the real estate, the seller, the payment documents and the valuation must comply with the citizenship legislation.

The following checks should be made before purchasing:

  • Whether the real estate is suitable for use in citizenship application,
  • Whether the seller is a suitable person or company in terms of citizenship legislation,
  • Whether the immovable property has been used for citizenship purposes before,
  • Whether there is a kinship or company relationship between the seller and the buyer that is prohibited by the legislation,
  • Whether the Amount Determination Certificate covers the investment amount,
  • Whether the foreign currency purchase document and bank receipts are compatible,
  • Whether the commitment not to sell for three years is correctly recorded in the land registry.

It is not enough for the advertisement price of the real estate to exceed the required citizenship amount. The official deed, payment, foreign exchange purchase document and the accepted investment value must separately meet the amount in the legislation.

Does Title Deed Transfer Provide Automatic Residence Permit?

The foreign buyer's purchase of a house in Turkey does not automatically gain a residence permit. For a short-term residence permit based on real estate ownership, a separate application must be made and other conditions in the current legislation must be met.

It is important for the buyer, who has the purpose of residence, to have the title deed nature of the real estate, the region where it is located, the purchase value and whether it can be used for shelter purposes checked before the transaction.

Things to Do After Title Deed Transfer

Upon completion of the title deed transfer, the foreign buyer may need to follow the following actions:

  1. Checking the current title deed,
  2. To make a property tax notification to the municipality,
  3. To update TCIP and other insurance policies,
  4. To take over electricity, water and natural gas subscriptions,
  5. To notify the site or apartment management of the change of owner,
  6. To carry out address registration and residence permit procedures,
  7. To complete the eligibility and application process, if there is a citizenship purpose,
  8. To check any remaining taxes, dues or subscription debts from the seller.

Major Mistakes Foreign Buyers Should Avoid

  • Paying a deposit or sales price without seeing the title deed record,
  • Not verifying the identity and authorization of the seller,
  • Relying solely on the real estate consultant's explanations,
  • To make the payment in cash or without documents,
  • To send the sales price to the account of the third party,
  • Verbally believing that the mortgage or lien will be lifted after the sale,
  • Not checking that the independent section in the title deed and the house shown are the same,
  • Not examining zoning, license and project documents,
  • Showing the real sales price low in the title deed,
  • Believing in the promise that citizenship or residence permit will be granted definitively,
  • Signing documents without knowing Turkish,
  • Not checking the scope of authority of the power of attorney.

Why is Lawyer Support Important in the Title Deed Transfer Process?

The land registry directorate carries out the official registration process based on the documents submitted. However, the land registry office does not have the duty to investigate whether the real estate is an economically good investment, whether the contract adequately protects the buyer, or the technical defects of the construction on behalf of the foreign buyer.

A lawyer working in the field of real estate law can perform the following transactions before the title deed transfer:

  • To examine the buyer's eligibility to acquire real estate,
  • To check whether the seller is the owner and authorized,
  • To investigate land registry and encumbrances,
  • To examine zoning, license and project documents,
  • To prepare the deposit and sales contract,
  • To link the payment plan to legal guarantee,
  • To determine the scope of the power of attorney,
  • To check foreign currency purchase documents and bank receipts,
  • To carry out an assessment of suitability for the purpose of citizenship or residence,
  • To follow the title deed application and registration process.

If the buyer cannot come to Turkey, the title deed and related transactions can be followed through a lawyer within the scope of a duly prepared power of attorney.

Frequently Asked Questions

Should the foreign buyer pay the full sales price before the title deed transfer?

The payment time of the sales price can be determined according to the contract of the parties. However, in order to protect the buyer, it is safer not to pay the entire price before the legal examination and title deed transfer are finalized, and to make the payment simultaneously with the title deed transaction and through the bank.

Does paying a deposit give the foreign buyer property rights?

Making a deposit or prepayment does not transfer the ownership of the real estate to the buyer. Ownership is acquired by official sale and registration in the land registry.

Is an appraisal report mandatory for foreign purchases?

According to current practice, a mandatory valuation report is not required for normal foreign real estate purchases that do not include a citizenship request. For purchases made for the purpose of Turkish citizenship, the investment value is confirmed through the Amount Determination Certificate.

Is a foreign currency purchase certificate required for all foreign buyers?

In transactions where a foreign real person acquires real estate through purchase, a foreign currency purchase certificate must be issued before the sale. The application should be checked separately according to the party and type of acquisition of the concrete transaction.

Is the document obtained from the exchange office valid in the title deed?

The foreign exchange purchase document must be prepared by the bank operating in Turkey in accordance with the relevant regulation. Foreign exchange transactions carried out at the exchange office or by hand do not meet the document required for the title deed.

Can a foreign buyer transfer the title deed without coming to Turkey?

Yes. The title deed process can be completed through a lawyer or representative through a power of attorney that includes the necessary authorizations and is issued in accordance with Turkish law.

Can mortgaged real estate be sold to foreigners?

If the type of mortgage and the creditor's situation are suitable, the sale may be possible. However, it should be determined in advance how and when the mortgage will be removed, to which account the sales price will be paid, and when the cancellation documents will be delivered to the land registry.

Can a place that does not appear as a residence in the title deed be used for a residence permit?

In the residence permit based on real estate ownership, it is important that the real estate is used for residential and shelter purposes. Immovables registered in the title deed as offices, warehouses, land or other properties may not provide the expected residence permit result.

Can the foreign buyer underestimate the sales price in the title deed?

Under-declaring the actual sales price may pose serious risks in terms of tax and fee penalties, proof of payment and citizenship application. The official deed must reflect the actual sales relationship.

After the title deed transfer is completed, do the seller's debts pass to the buyer?

The result may vary depending on the type of debt. The personal subscription debts of the former owner and the obligations related to the real estate, common expenses or real rights in the land registry should be evaluated separately. For this reason, debt research should be done before the transfer.

Does the land registry directorate control all legal risks of the real estate?

The land registry directorate examines the registration process and the documents submitted. However, it does not investigate all risks such as whether the contract is in favor of the buyer, technical defects in the real estate, zoning problems, market value and payment security on behalf of the foreign buyer.

Can real estate purchased for citizenship be sold immediately?

A commitment not to sell for three years is recorded in the title deed record of the real estate acquired for citizenship purposes. Optional sales cannot be made before the commitment period is completed.

Legal information: This content has been prepared for general information purposes. Documents to be requested in the transfer of title deed and rules to be applied; It may vary depending on the citizenship of the buyer, the nature of the real estate, the date of purchase, the payment method and the purpose of citizenship or residence. Before paying the deposit or sales price, a legal examination specific to the buyer and the real estate should be made.

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