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Real Estate Sales Promise Agreement (Taşınmaz Satış Vaadi)

real estate law
Real Estate Sales Promise Agreement (Taşınmaz Satış Vaadi) Turkey

Summary: Buying 'Off-Plan' Often, developers sell apartments before they are built. Or you agree to buy a house but wait for a loan. You sign a contract. Is ...

Buying “Off-Plan”

Often, developers sell apartments before they are built. Or you agree to buy a house but wait for a loan. You sign a contract. Is it valid?

The “Form” Requirement (Crucial)

In Turkish Law, any contract promising the transfer of real estate MUST BE EXECUTED AT A NOTARY PUBLIC.

  • A simple paper signed between you and the contractor in his office is INVALID (Void).
  • If the contractor refuses to give the house later, you cannot force him with that paper (you can only ask for money back, which devalues with inflation).

Annotating to Title Deed (Şerh)

Even a Notarized contract is risky if the seller sells the land to someone else.

  • Solution: You must annotate the Sales Promise Agreement to the Land Registry (Tapu).
  • Effect: Once annotated, if he sells the land to a 3rd party, you can still claim your right against the new owner.

If Seller Refuses to Transfer?

If you paid the money, but he refuses to give the Tapu:

  • You file a “Title Deed Registration Lawsuit based on Sales Promise” (Cebri Tescil).
  • The court cancels the deed in his name and registers it in yours.

Legal Support: Never pay large sums without a Notarized Sales Promise Agreement. We draft secure contracts ensuring your money is safe. Contact us.


Contact us for professional legal assistance on this matter.

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Att. Fevzi Yaşkır

Att. Fevzi Yaşkır

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Fevzi Yaşkır, registered with the Konya Bar Association, practices in Criminal Law, Family Law, Labor Law, and Enforcement Law. He is committed to defending his clients' rights at the highest level.