Real Estate Purchase and Sale
Real Estate Acquisition, Legal Review and Title Deed Procedures for Foreign Nationals in Türkiye
When foreign nationals buy or sell real estate in Türkiye, it is not merely a matter of transferring the title deed. Before the transaction, the foreign national's eligibility to acquire real estate, the title deed record and encumbrances of the property, the authority of the seller or project company to carry out the transaction, the contracts and the payment documents must be assessed together.
The acquisition of real estate by foreign individuals is subject to the restrictions set out in the Title Deed Law No. 2644 and the related legislation. For this reason, it is important to carry out a legal check before the transaction regarding the buyer's nationality and the nature and location of the property.
Canaydın Law Firm provides legal services in legal review before purchase or sale, the preparation and review of contracts, checking bank payments and the Foreign Currency Purchase Certificate process, title deed transfer, representation by power of attorney, and delivery of the property.
- Legal Review of the Property
- Checking the Contract and Title Deed Process
What Is Reviewed in Real Estate Transactions of Foreign Nationals?
01 — The Buyer's Eligibility to Acquire Real Estate
Whether a foreign individual can acquire real estate in Türkiye is assessed by taking into account their nationality and the statutory restrictions set out in the legislation.
The location and nature of the property and the special restrictions on acquisition by foreign nationals must also be checked separately before the transaction.
02 — Title Deed Record and Encumbrance Review
Before the purchase, the owner information in the title deed record and the legal nature of the property are reviewed.
A record in the title deed may completely prevent the transaction, or it may require the sale to be carried out under certain conditions. For this reason, the legal effect of the encumbrances must be assessed according to the specifics of the file.
03 — Review of the Seller or Project Company
Where the seller is an individual, ownership and authority of representation are reviewed; where it is a company, the trade registry, the company's current status and its signature/representation authority are reviewed.
If the purchase is to be made from a project or a property under construction, the legal connection between the contracting company and the property or project, as well as the existing project documents, must also be assessed separately.
04 — Reservation and Sales Contracts
Before a deposit or reservation fee is paid, the legal nature of the document to be signed and the obligations of the parties must be clearly determined.
In sales contracts or real estate sales promise contracts, the provisions on the sale price, payment plan, title deed transfer, delivery, delay, defects, termination, refund and security are reviewed in particular.
In transactions such as a real estate sales promise and its annotation on the title deed, the formal requirements of the legislation must also be taken into account.
05 — Bank Payments and the Foreign Currency Purchase Certificate
In the acquisition of real estate by purchase by foreign individuals, the Foreign Currency Purchase Certificate is one of the mandatory elements of the title deed transaction.
When preparing the payment plan, it is important that the price in the contract, the bank payments and the price to be declared at the Land Registry Office are consistent with one another.
In real estate acquisitions made for citizenship purposes, payment receipts and other documents specific to the citizenship legislation are additionally required on top of the normal sales transaction.
Explore Turkish Citizenship by Real Estate
06 — Title Deed Transfer
Before the title deed application, the parties' identity and representation documents, the property information, the required payment and foreign currency documents, and other documents specific to the transaction are checked.
The parties' or their representatives' process at the Land Registry Office is followed legally. For parties who do not speak Turkish, the requirement of an authorized interpreter in title deed procedures is also taken into account.
07 — Delivery of the Property and Subsequent Procedures
Particularly for properties bought off a project or newly completed, actual delivery and title deed transfer may not take place on the same date.
The delivery record, the current condition of the property, missing or defective work, and the delivery obligations in the contract are also examined where necessary.
After delivery, the necessary legal guidance can be provided on subscriptions, management or other related procedures.
The Situation of a Foreign Seller of Real Estate
Foreign nationals who own real estate in Türkiye can sell their property. Before the sale, the title deed record and encumbrances, the parties' representation documents, the sales contract and the title deed transfer process are checked.
If the foreign seller is outside Türkiye, carrying out the sale by representation with an appropriate power of attorney may be considered.
Explore Remote Real Estate and Power of Attorney Procedures
Is an Ordinary Real Estate Purchase the Same as a Purchase for Citizenship?
No. A foreign national's purchase of real estate in Türkiye for ordinary purposes and a real estate investment made to acquire Turkish citizenship are different legal processes.
Since 11 December 2024, a real estate valuation report is generally not required in foreign real estate transactions that do not involve acquiring citizenship. In transactions made for citizenship purposes, a special valuation and the Amount Determination Certificate system apply to confirm the investment amount.
If there is a citizenship purpose, the relevant citizenship requirements must also be checked separately before the property is chosen and any payment is made.
What Do We Check Before You Buy?
- The buyer's eligibility to acquire real estate as a foreign national
- The title deed record and the true owner
- Attachments, mortgages, annotations, declarations and other encumbrances
- The authority of the seller or project company to carry out the transaction and to represent
- The condominium ownership / condominium easement status and the title deed nature of the property
- The reservation, sales or sales promise contract
- The payment plan, bank documents and the Foreign Currency Purchase Certificate process
- The timing and conditions of the title deed transfer
- The provisions on delivery, delay, defects, termination and refund
Legal review does not mean guaranteeing the commercial market value of the property or the return on investment. The assessment is made on the legal risks and the document structure of the purchase or sale transaction.
What We Do for You
Review of the Buyer and Property Eligibility
The foreign buyer's legal situation and the property's eligibility for acquisition are assessed before the transaction.
Title Deed and Encumbrance Review
The effect on the sale of the title deed record, the owner, attachments, mortgages, annotations, declarations and other records is examined.
Review of the Seller and the Project Company
The authority of the seller or project company to carry out the transaction, representation documents and the necessary company records are checked.
Contract Drafting and Review
The payment, title deed, delivery, termination and refund provisions of the reservation, sales or sales promise contract are reviewed legally.
Checking Payment and Foreign Currency Documents
The consistency of the bank payments, the sale price and the Foreign Currency Purchase Certificate process with the title deed transaction is checked.
Title Deed Procedures and Legal Representation
The title deed application, the transaction documents and the parties' or their representatives' process at the Land Registry Office are carried out.
Remote Purchase or Sale
If the transaction is carried out without coming to Türkiye, the necessary power of attorney is prepared and the appropriate representation process is coordinated.
Delivery and Subsequent Legal Procedures
The delivery of the property and the subsequent legal procedures arising from the contract are followed where necessary.
How the Process Works
- 01
Review of the Buyer and the Purpose of the Transaction
Your nationality, your purpose in buying or selling the property and, if any, the citizenship or residence connection are assessed.
- 02
Property and Title Deed Review
The title deed record, the owner and the legal records on the property are reviewed.
- 03
Seller and Contract Check
The seller's authority to carry out the transaction and, if any, the reservation or sales contract are assessed.
- 04
Payment and Document Plan
The order of payments, bank documents, the Foreign Currency Purchase Certificate and the other documents required for the title deed are planned.
- 05
Title Deed Application and Transfer
The title deed procedures are prepared and the transfer process is carried out together with the parties or their representatives.
- 06
Delivery
The actual delivery of the property and the delivery obligations in the contract are checked where necessary.
- 07
Subsequent Procedures
If there are related procedures such as citizenship, residence, banking, subscriptions or disputes, you are directed to the relevant services.
Do You Want to Buy or Sell Real Estate Without Coming to Türkiye?
Real estate purchase or sale transactions can be carried out by representation without coming to Türkiye, to the extent that the scope of the power of attorney and the requirements of the institutions where it will be used are suitable.
Explore Remote Real Estate and Power of Attorney Procedures
Do You Have a Dispute in Your Real Estate Transaction?
If there is a dispute concerning the sales contract, title deed transfer, delivery, defects, delay, termination, refund or any other matter connected with the property, the notices, lawsuits and other legal remedies that may be pursued are assessed separately.
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FAQ
Frequently Asked Questions
What legal checks should be made before buying real estate?
The title deed record, the owner, attachments, mortgages, annotations and other encumbrances; the seller's authority, the contract, the project and the payment terms should be reviewed before the transaction.
Is it possible to buy or sell real estate without coming to Türkiye?
Where there is a power of attorney of suitable scope, many title deed, contract and related transactions can be carried out by representation. The stages that require personal attendance are assessed separately according to the nature of the transaction.