Selling property in Turkey - are legal fees excessive?

[Warren569]

Hi there,

I am new to the forum but have looked through threads in the past and found the responses useful, so hope you can help me on this specific topic.

My parents bought a new build property in Turkey in @2006. My father died in 2009 and my mother has barely used the place since then and thus decided to sell the place. She recently went over to Turkey and appointed a solicitor who has an English interpreter and arranged the notary and set-up power of attorney etc. They subsequently found out that my father did not buy the villa through a solicitor and therefore did not have a Turkish will at the time. As per Turkish law, my mother owns 50% and children have an equal share of the remaining 50%. To rectify this to allow for the sale, we have been advised to apply for new deeds, signing everything over to my mother as sole owner and have been advised to expect a 4-5 month wait :turtle:

Now the costs - the agent shall take 3% of the sale price on completion, which I think is the going rate and as expected. However, the solicitor is charging £2500 (3160 euros) to manage the deeds changeover and the sale. What’s more, he is requesting full payment up front. :erp:

So my question - is this a reasonable legal fee and should my mother pay for these services up front? If he asked for part payment, to cover the will and deeds amendments and the rest when the sale is complete, then I might be less wary but to me it's sounds like my mother may be taken advantage of and potentially charged more fees later on.

I am hoping someone with a good understanding of Turkish legal fee benchmarks / practice will be able to reassure me on this.

Many thanks in advance!

 

[medseA]

According to the new turkish law amendment for foreigners, a WILL is not required anymore. If the owner of the property passed away and the owner is a foreigner --the ministry of foreign affairs contacts your country ministry of internal affairs to find the next of kin, who has 3 months time to accept the property or reject the property. If the property is rejected the turkish government auctions the property and the proceedings are given to a charity.

Did the lawyer not briefly explain this to you ?

 

[ccustn]

Hi Warren569,

I am from Turkey and at the moment I am involved in real estate business in Istanbul and Antalya. As far as I can see, you do have a problem regarding the Turkish legal fee benchmarks, therefore, as far as I know, there are international real estate companies operating in Turkey and they do have subdivisions regarding the issues related with Turkish law. In other words, rather than dealing with the real estate agent and solicitor, I would suggest that you first consult to an international real estate company which can function as a real estate agent and deal with the issues regarding the solicitor at a very reasonable price. I do know quite a few people who work at those companies. Therefore, if you want, I can give you some names that might help you faster and cheaper.

Kind Regards

 

[CkinTurkey]

Hi Warren

First of all i'm sorry you in this situation. What you've been told is part correct and part twoddle.... this isn't as complex as it seems but bear with me as I try to lay it out. (I also hope you haven't yet gone through with transactions)

Firstly i'll presume that your parents were married - as this does have a bearing.

2ndly as a solicitor is not needed for a property purchase (or will! - but that another story) there is no problem with the purchase and inheritance.

The share of the property will be as such (presuming marriage) 50% will be owned by your mum / 50% will be shared ownership between your mother and his children. (If not married then her part is just the 50%)

Upon death the title deeds need to be re-issued bearing the correct ownership, this would of course reflect all owners and their share. To enable this you'd need to go to the Tax office and nufus - like a population office. This is to get tax number for all involved (required for purchase/title deeds) and to get a document re proof of death (im presuming you'd need death cert from but dont know this myself).

To own property in turkey each foreigner needs milatary clearance and this can take some time - however if you plan to sell then it is possible to not do all this process as the title deed offices are used to this.

There is no need to make the mother sole owner for sale, if it is not possible for all parties to be here for the sale then power of attorny for sale can be created allowing someone to put the sale through. This could be your mother but often people give this to an estate agent as there no way of knowing when the sale will happen. 1 week after market - 6 months?

3% is the legal figure for commission as apposed to the going rate - unfortunately some agents try more in resorts - but anyway.

I'll not comment on the solicitor other than they seem to be a right monkey!!! - as you see above theres no need for them in this instance other than giving advice which they've twisted anyway. (oh dear i commented).

I've written quiet a lot here and i hope it makes sense. I suggest a good estate agent from the property area and sacking off the monkey.

Good Luck Ck

 

[CkinTurkey]

Shame on me I didn't spell check - sorry im new to these forums !

 

[medseA]

To maintain through the transaction safely within your legal right limits, it is important to act together with a turkish lawyer.., if you want the great results.