Due to the rush to become a part of the massive real estate boom in Turkey, many foreigners make quick deals that end up creating disputes. Many foreign nationals usually face bad real estate deals in Turkey.
The most common dispute that they face in the Turkish property market has two elements: The property buyer (usually a foreigner) pays an initial deposit ( a down payment) or makes the full payment for the Turkish property; why the seller fails to hand over the ownership of the facility.
Reasons for property disputes in Turkey
When such a situation happens, it is said that the seller has not fulfilled their obligation. Non-fulfilment of the property seller’s obligation can happen because of different reasons.
One of the main reasons why a seller may not fulfil their obligation is due to the property not being completed. Then in most other cases, the seller may be motivated by fraudulent intentions.
The Turkish property law on civil disputes and fraud
For this act to be called fraud, the seller has to be motivated by fraudulent intentions. An example is given by this scenario: if a property buyer makes a payment for a property in Antalya and then runs away with the money and not handing ownership of the real estate to the buyer, this is seen as a civil dispute.
However, if the real estate seller brought out false documents to appear more credible, or if they sell one property to many buyers, this very act is seen as done with malice. Therefore, it is considered a fraud.
Handling bad real estate deals in Turkey
In this case, this is a real estate deal gone wrong. This means that whether it is a case of fraud or a public dispute, the buyer can work to claim back all the money that they have paid to the buyer – if they have not been handed the ownership of the property.
In this case, the buyer can claim back all the money that they paid for the said property. A lawsuit can help them claim back the money. Even when the parties to the transactions are under a contract that refers to the initial payment as a “non-refundable deposit.”
The buyer can still claim back their money because such contracts under Turkish law are invalid. The proper way to handle property disputes in Turkey is through a lawsuit. In this case, you will need to hire an attorney who is a professional in Turkish property law.
Recovering lost payment: The importance of the proof of deposit
In the case of bad real estate deals, the victims involved can move to get back what they have lost. A case of unjustified enrichment is made against the perpetrator or the seller. However, one of the biggest setbacks in this type of case is proving the payment made.
This is usually a challenge as sellers convince buyers to pay by bank transfer so as not to leave a payment trace. Under Turkish law, you cannot prove your payment solely by relying on text messages or through witnesses.
How to prevent real estate disputes in Turkey
Bad real estate deals in Turkey can be both emotionally and physically exhausting. Therefore, to avoid these instances, property buyers must try to avoid such disputes.
It is recommended that anybody looking to buy property in Turkey hire a professional real estate attorney. This way, they will have an expert who will go through each document and transaction to ensure that everything is done according to Turkish real estate law.
