|Monday, September 27, 2021
After searching for residential or commercial real estate anywhere in the world, the agreement is concluded between the s.
Real estate sale agreement
After searching for residential or commercial real estate anywhere in the world, and an agreement is reached between the owner of the property and the buyer to complete the deal, a legal contract is signed in order to transfer ownership of the property and pay for it, and thus the sale contract can be defined as a legal document obligating the seller to transfer ownership of the property to the buyer in exchange for Specific cash price. The sales contract is considered a binding contract for both parties, and it is also a consensual contract, as it cannot be established without the consent of both parties .
What is the real estate sale agreement?
The real estate sale agreement is a contract that is organized between the seller of the real estate and the buyer of the real estate, according to which the buyer undertakes to pay a specific amount to the seller, in exchange for obtaining ownership of the real estate, and in the event that this agreement is not organized between the parties in accordance with the provisions of the Turkish Civil Code, the Real Estate Records Law, and the Turkish Civil Code. Turkish notary, it will not be valid for use, and it will not be valid, for this reason the sales agreement must be signed with the notary as well .
It is mentioned that the sale and purchase agreements cannot be used by the buyer to register the property in his name, and registration can be made in the root at the Real Estate Records Directorate, by submitting one of the parties to this agreement, provided that the contrary is not mentioned in the agreement .
Steps to buy and own property in Turkey
Free survey tours
Organizing free reconnaissance tours for the buyer in order to get acquainted with the areas and real estate projects during his visit, in addition to consultation and detailed explanation of all real estate components in the city.
Extract the tax number
Obtaining the buyer's tax number in Turkey - the tax number is a number given to every foreign tourist or resident in Turkey with the aim of facilitating all his official transactions
Opening a bank account
Opening an account for the buyer in a Turkish bank so that the value of the property is transferred from his country of residence to Turkey later, in addition to translating the passport into the Turkish language
The most important items of a real estate sale of a real estate
When writing a real estate sale contract between the owner and the buyer, it must include a number of clauses that make it legally and legitimately acceptable, and these clauses are as follows :
The day and date of signing the contract .
- The name of the seller as it appears in the civil identity and national number, profession and address, and the name of the buyer as it appears in the civil identity and national number, profession and address .
Clarifying the type of agreement, which is the sale of real estate .
Clarifying the specifications of the property, by mentioning the detailed location, area, additions and boundaries in detail .
Clarifying the value of the property and the method and time of payment, such as cash or installments and their value, or checks and their times .
- Adding information related to clearances, licenses, and all papers related to plans, building completion certificates, and civil defense certificates .
An acknowledgment by the buyer that he has personally inspected the property and that he has approved it as it is .
Clarifying the value of the deposit that was paid when agreeing to sign the contract .
The seller's acknowledgment that the property is free of any financial dues such as fines and mortgages .
The agreement of the two parties to the contract, in the event that any of them violates one of the terms of this contract, to pay the other party a specified amount, without the need to resort to the judiciary .
Acknowledgment and agreement between the two parties to the contract as to which party is due the sums of money that are paid in order to complete the sale .
Signature of both parties to the contract at the end with the signature of witnesses .
Terms of a real estate sale contract
In order to complete the sale contract and consider it legal and Sharia, a number of conditions must be met by both the seller and the buyer, including that the seller and the buyer must be among those who have the validity of the contract, such as puberty, reason, and non-foolishness .
The sale must be a legitimate matter .
The owner of the sale must have full and legal ownership of it .
The sale must be usable and valid .
The owner of the thing sold should be able to deliver it to the buyer .
The sale must be known and specific .
That the thing sold be delivered to the buyer and its price is paid .
The deposit in the property and other legal matters
Article No. 156/2 of the Turkish Debt Law states that the buyer will not be able to recover the amount of the down payment that he paid to the seller in the event that he withdraws from the purchase, despite the organization of a sale agreement with the notary public; In the event of the opposite, that is, if the seller retracts from completing the sale process, despite the payment of the down payment and the organization of the agreement with the notary public, the seller in this case must pay an amount equivalent to twice the down payment that he received from the buyer .
In the event that there is a real estate broker between the parties, the commission must be paid to the broker by both parties equally .
In the event of a dispute between the parties, and the court has ruled for one party against another, the party causing the damage must compensate the injured party .
Article No. 125 of the Turkish Debt Law stipulates that the term of the real estate sale agreement is 10 years, and agreements that are not regulated by the notary public will be considered ordinary agreements that are not legally significant .
Things to know for those who want to invest and own real estate in Turkey
Find out if they can obtain the right to own real estate or limited rights in rem .
Transfer of ownership of the property in accordance with the laws and regulations in force in Turkey .
The total area of real estate purchased throughout Turkey should not exceed 30 hectares .
Find out if the real estate they want to buy is located within a security or military zone or areas that are prohibited for sale, because the real estate located in the security zones may not be sold to foreigners .
Refer to the real estate department and obtain sufficient information regarding the real estate in question, such as knowing whether the owner of the real estate has the right to dispose of his real estate or not, or whether the real estate in question is mortgaged or subject to any other procedure that prevents its sale .
Not signing contracts that possess legal characteristics, as well as not paying any amount as a price for the property, before obtaining sufficient information about the concerned property from the real estate records directorates .
- Not to start the sale and purchase transaction before searching and investigating the people or companies selling the property, and in the event that the trust or seriousness of the seller is not proven, it is not recommended to deal with him .
- In the event of any discrepancy in the buying and selling process, the matter must be transferred to the court, where the lawsuits are filed in the Turkish courts, and the Turkish Ministry of Foreign Affairs or any foreign representative cannot interfere in the course of the lawsuit .
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