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buying an apartment in Turkey

Discussion in 'Turkey property' started by dollygal, Oct 6, 2008.

  1. dollygal

    dollygal New Member

    Help! We have recently put down a deposit on an apartment in Turkey with a company called Infinity Express Construction. I haven't been able to find any posts from buyers who have dealt with this company. They seem very well organised etc. but on contacting a couple of Turkish lawyers (as always advised) one of them has sent a rather alarming reply saying that the contracts these companies produce are worthless and that we should not go ahead without finding out about Turkish law etc. The contact is in English and seems very clear, but now I am rather worried, especially as our first instalment is due at the end of the month. Any comments?
     
  2. Lysos

    Lysos New Member

    I don't know for certain but I would have thought that a valid contract would have to be in Turkish. If an independent lawyer tells you to steer clear I would heed their advice. Chances are there are other agents selling this particular development; it is rare for one agent to be given exclusivity.
     
  3. NeilHollingsworth

    NeilHollingsworth New Member

    What's the development name?
     
  4. dollygal

    dollygal New Member

    apartment in Turkey

    The company we are buying from are the actual builders, so there aren't other agents dealing with it. They seem to have built quite a few developments around, but as I say, I haven't been able to find anyone who has bought from them. The other Turkish lawyer I contacted just said that she could check the contract and ownership of the land and didn't mention there being anything wrong.
     
  5. cj.lion-emlak

    cj.lion-emlak New Member

    Dolly Girl

    I have not heard of many negative reports about Infinity, they are a company of considerable long standing in the area and are reasonably well respected.

    I would not hesitate to use them if I was in the market to purchase.

    Some of their developments are really good although, everyone in this business does get the odd complaint even ourselves and they are no different.

    As for the contract, why not get it interpreted into both Turkish & English & have it notarised by an official notary before you actually sign it.

    There are a few recommended soliciters around the Fethiye area who do offer a good service but it can be costly
     
  6. labinot

    labinot New Member

    hi Dolly

    as I am an agent in Dalaman, I don't know anyone in this company but I heard this company is reputable developer in Fethiye.
     
  7. olwenjlangford

    olwenjlangford New Member

    If you put down a deposit and have a contract in English this may be enough if at the time you instructed an notary to have right of attorney on your behalf when paying the deposit. We too shared your concerns everything seemed so simple and we completely trusted our developer. Everything went well and we now have our Tapu albeit 7 months later
     
  8. kmacadam

    kmacadam New Member

    Use a UK lawyer specialising in Turkish property Law

    Hi

    Why don't you use a UK based lawyer that specialises in Turkish property law? There are at least three UK based lawyers that can help you and more importantly they are not interested in selling you a property and also you have UK Law Society protection regarding their advice.

    Kevin
     
  9. Just as info for all - a contract in English is not worth the paper it is written on. Turkish law does not acknowledge contracts written in any language other than Turkish.

    The usual procedure is to get your solicitor to draw up a contract with the points you wish to include (such as payment schedules, completion dates, snag lists, builder requirements, late completion forfeits etc). This contract must be in Turkish.

    You then go to the official translators office and get the contract translated into English. you will get the contract stamped to confirm that the english translation is an accurate translation of the Turkish one. Then go to the Notary office ( in some notary offices you can get the translation done also - depends on the area you are buying in). At the notary office you will be read the contract in your mother tongue, and you will be asked if you understand everything you have read/been told. you will also have time to read the contract yourself.

    Once you agre that you have understood the contract, you sign in the presence of the notary, who acts as your witness. He/she then stamps the contract, and et voila, your contract is legal and binding and worth the money you gave the solicitor.

    If your solicitor is giving you a contract in English, or any other language then you are paying them for nothing, and if thing fgo wrong they will have no legal grounding to help to resolve things. If the solicitor you contact does not tell you that your contract must be in Turkish and notarised, then this tells you that they are not much good, so walk away. This is basic law, and any solicitor who does not advise you to get a Turkish contract is only after your money and is not interested in protecting you.

    Likewise, only sign a contract via your solicitor, not via the Estate agent or developer, and do not use their solicitor (even if its cheaper) - get your own independent solicitor, it is worth the extra few quid in the long run.

    I have had customers tell me they do not want a solicitor/notary etc as they want to save the £200! I personally will not deal with a sale which is not legally bound - the reason is because if there are any probs with the developer then I, as an agent, have very little leverage to fight for the customers interests. Once there is a valid contract I can get in there and give hell! thankfully I have only had 1 such problem, but I have no doubt the reason I have few problems is because the contracts I deal with are always legal and thorough, so no one would attempt to try and pull a fast one on one of my customers.

    Touch wood I don't jinx myself now!!!!!

    This is one of the most basic and most important piece of information anyone buying in Turkey must have.

    Please all take it on board. Any company/EA/developer/builder/solicitor who does not preach the importance of a valid Turkish contract should be avoided.
     
    Last edited: Nov 27, 2008
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