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Turkish REAL ESTATE LAW
Our team provides various legal consultancy and advocacy services to local and foreign property owners and investors on subjects such as the transfer of real estate, purchase / sale transactions, drafting rental contracts, constitution of real rights and annotation applications.
In this regard, some of the services we provide as follows:
- Examination the suitability of the real estate subject to sale with the researches to be made by the Land and Cadastral directorates and municipalities
- Drafting or revision of sales contracts, title deed transfer transactions, constitution of real rights at the land registry and follow-up of these transactions
- Carrying out the researches in the real estate acquisition process of foreign investors and fulfilling the application and follow-up procedures for obtaining Turkish Citizenship
- For foreigners who live abroad and seek to acquire property before coming to Turkey with a comprehensive power of attorney to be issued from the Turkish Consulates, without the need for the buyer to visit Turkey, signing a promise to sell contract on behalf of the buyer and transferring the title deed on buyer name at title deed office.
- Cancellation of title deed transfer, correction of wrongful entry, elimination of any kind of dispute and litigation with the termination of the intervention,
- Drafting of rental contract for properties
- Pursuing evacuation processes of real estates
OUR SERVICES RELATED TO THE PROCESS OF PROPERTY PURCHASE
- Reviewing Promise to Sale Agreement and title deed clearance check at the title deed office
- Providing an expert advice for every step in accordance to Turkish law throughout whole process
- Legal assistance in all transactions regarding investment amount complies with all conditions set in the law
- Title deed transfers at the title deed registry office and obtain certificate of ownership on behalf of the Client
- Make a statement at the Title Deed Registry Office that not to sell property/properties for three years for citizenship candidates
OUR SERVICES RELATED TO PROPERTY PURCHASES REMOTELY (WITHOUT VISITING TURKEY)
- Taking appointment from Turkish Embassy in a country where buyer lives to issue POA
- Getting tax registration number
- Openning bank account
- Reviewing Promise to Sale Agreement and title deed clearance check at the title deed office
- Providing an expert advice for every step in accordance to Turkish law throughout whole process
- Legal assistance in all transactions regarding investment amount complies with all conditions set in the law.
- Title deed transfers at the title deed registry office and obtain certificate of ownership on behalf of the Client
- Make a statement at the Title Deed Registry Office that not to sell property/properties for three years for citizenship candidates
OUR SERVICES REGARDING TO TAX EXEMPTION PROCESS
Buyers who does not reside in Turkey may be exempted from Vat if the below mentioned conditions are met by the buyer:
- Buyer will bring foreign currency to Turkey by bank receipts or document issued by administration of custom at the Turkish airport that proves buyer brought foreign currency to Turkey
- obtain residency certificate or invoice that address of the buyer is mentioned from a country where buyer resides
Our team provides legal consultancy to clients for the services presented as follows:
- Translation and notarizetion services and preparation of tax exemption file
- acquire a letter from immigration office in Turkey in respect of a buyer is not settled in Turkey
- acquire a letter from police department showing arrival and departure dates of a buyer
- acquire letter from tax office that proves buyer is not settled in Turkey
OUR SERVICES REGARDING TO EVACUATION PROCESS OF THE PROPERTY
With the regulations made with the Turkish Code of Obligations, property owners have the right to evacuate tenants who have rented house or workplace in case of need or valid ground. The using of this right is qualified to certain conditions. Namely;
If the owner has an obligation to use property for himself, his spouse, descendants or other persons whom he is obliged to look after due to the need for housing or workplace, he can evacuate the tenants by warning and lawsuit, taking into account certain time limits.
Other conditions in which evacuation of tenant is allowed arise from the tenant. If the tenant has promised in writing that he will evacuate the leased property at a later date after the delivery of the leased property, or if written warning has been given that he has not paid the rent twice in one rental year, or if the tenant or his spouse has a residence suitable for residing within the borders of the same district and this has not been notified to the lessor, in these cases, it is possible to apply to legal remedies for the evacuation of the immovable, by complying with the warning requirements and time limits, if any.
Our team carries out all the legal processes and provides consultancy services for the evacuation of the real estate in such disputes through the issuance of a warning, the follow-up of the legal deadlines, the request for the eviction letter and the litigation and forced execution.
RENTAL CONTRACTS
Rental contracts have a great importance for both parties, landlords and tenants. the rights and obligations of both parties are set forth together with its consequences within those rental contracts. The terms determined by the rental contracts can be binding for each side for many years. Our team specializes in rental relations and provides the following services;
- Preparing and reviewing rental contracts
- Making necessary follow-ups for the transfer and renewal of rental contracts
- Follow-up of the legal process for the determination and increase of the rental price
- Signing rental contracts by proxy on behalf of clients
- Follow-up of the legal process required for the termination of rental contracts
