Legal support in any real estate litigation cases

Legal support of real estate litigation

As practice shows, not all transactions for the purchase and sale of real estate or related issues go without problems. When the parties do not involve lawyers in such cases, controversial issues may arise in the future and may end up in court.

What cases can go to court?

The court considers various issues related to real estate. These may be cases in which the subject of dispute is:

• Purchase and sale of real estate;
• Fraud in real estate transactions;
• Seizure of real estate;
• Mortgage problems;
• Real estate fines;
• Encumbrances on TAPU.

In addition, real estate is often the subject of litigation in family and civil cases. For example, real estate may be the subject of a dispute when inheriting or dividing joint property of spouses, selling real estate without the consent of the other owner specified in TAPU, and other cases.

Is there a way to protect yourself so as not to lose your investment in construction?

This question is really relevant, and yes, there are several ways to minimize the risks of losing your investment when investing in construction.

Firstly, at the decision-making stage, it is very important to carefully evaluate the developer and all possible risks, as well as the prospects of the project. To do this, you should contact a real estate lawyer who will conduct the necessary checks of the developer company, study its reputation, financial condition and history of previous projects.

If, after analysis, you consider the investment to be justified, the next step is to require a TAPU (certificate of ownership) to be issued in your name, even during the construction stage. According to Turkish law, there is the right to register the property in the name of the buyer and place a corresponding encumbrance in the cadastre until full payment is made to the developer. This will provide you with additional legal rights and guarantees in case problems arise with the project.

An important addition: to register a TAPU at the construction stage, you will need to pay 1.5% of the cadastral value of the property - this is the fee of the Cadastral Department for registration of this procedure.

Such a step will significantly strengthen your position, and in the event of a dispute with an unscrupulous developer, you will receive more compelling evidence of your rights in court proceedings.

Are all these issues resolved in court?

If the buyer and seller have used the services of a lawyer when conducting a real estate purchase and sale transaction, the likelihood of problems arising is significantly reduced. The lawyer checks each stage of the transaction for legal purity and compliance with the law, which helps to avoid controversial situations in the future. Therefore, if you initially seek legal advice, many issues can be resolved without court involvement.

Is it possible to sue the developer?

In some cases, the buyer may sue the developer. This happens when the buyer has not checked the construction company and the possible risks associated with purchasing an apartment during the construction phase. For example, if a developer goes bankrupt or stops construction, issues often have to be resolved in court. However, such situations can be avoided if you consult with a lawyer in advance, who will help you carefully analyze the risks and ensure that your interests are protected.