Legal advice on preparing documents for real estate sales in Turkey

Selling real estate in Turkey for foreigners is an important process that requires a careful approach and compliance with all legal regulations. Proper preparation of documents, checking the purity of the transaction and taking into account possible risks will help to avoid problems and complete the transaction successfully.

What to look for when selling real estate in Turkey?

It is important for a foreigner planning to sell his property in Turkey to prepare in advance. Key aspects:

1. Legal purity of the object:

• No encumbrances such as mortgages, pledges or liens.
• Payment of all taxes and utility bills.

2. Documents for sale:

• TAPU (document confirming ownership).
• Passport.
• Tax number.
• Certificate of minimum cadastral value.

How can a lawyer help when selling real estate?

1. Checking and preparation of documents:
A real estate lawyer will check the compliance of all documents with legal requirements and eliminate possible deficiencies. This includes:

• Check for the absence of encumbrances and rights of third parties.
• Analysis of tax obligations and debts.
• Control the correctness of information in TAPU.

2. Participation in negotiations with the buyer:
The specialist will act as an intermediary between the parties, help eliminate misunderstandings and finalize the transaction taking into account the interests of all participants.

3. Protecting your interests:

• If the buyer tries to challenge the terms of the transaction.
• If it is necessary to return the advance or proceedings due to cancellation of the transaction.

4. Conclusion of a purchase and sale agreement:

• Assistance in drawing up a contract.
• Assistance in submitting an application to the Cadastral Office.
• Assistance in preparing payment documents.
• Support of the transaction in the Cadastral Department.

Risks when selling real estate independently

• Transaction failure: if during the verification process the buyer identifies problems related to documents or encumbrances.
• Incorrect execution of the contract: lack of legal expertise can lead to errors that will subsequently be difficult to correct.
• Financial disputes: incorrect indication of the value of real estate or failure to comply with payment terms.

Working with a lawyer will minimize all of the above risks and save your time.

Do I need to be present during the transaction?

If the seller cannot personally participate in the sale process, an attorney can act on his behalf based on a power of attorney. This is especially convenient for foreign citizens who do not reside permanently in Turkey.

Features of taxes when selling real estate

The seller is required to pay capital gains tax if the property is sold within 5 years of purchase. A lawyer will help you calculate the amount of tax and, if necessary, tell you how to correctly declare income from the sale.

Selling real estate in Turkey can be an easy and straightforward process if you entrust it to professionals. Our lawyers will help you prepare documents, check the property, protect your interests and successfully complete the transaction. Get a consultation today!