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Eglegal

Community Lawyer
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Eglegal last won the day on July 14

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About Eglegal

  • Birthday 11/11/1980

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  • Gender
    Male
  • Location
    Izmir
  • Interests
    Chess, bicycle, basketball, rafting

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  1. Mimi, The main reason why the property prices have significantly increased is because of the destructive inflation rate on the Turkish Lira over the past couple of years. Due to the nature of the inflation of the local currency, properties are not the only one whose price have changed but all items that are subject to purchase is no longer at reasonable prices. When it comes to a comparison between Kusadasi and Izmir, it is more of an apples & oranges topic. You can compare Kusadasi with other seaside towns, such as, Didim, Cesme, Bodrum etc. but Izmir is not a good versus against Kusadasi, given that it has around 5 million population and offers many opportunities such as job, events etc, but on the other hand you can't find the same peace and chill life style that you can experience in small seaside towns like Kusadasi, Didim etc. So, it is more of a choice between living in downtown and country side, where both have advantegous & disadvantageous. Please share with us if you have any specific questions, I would be happy to share my personal experiences as a local person living in Izmir. Good luck,
  2. MrMan, Thanks for your message. As you and Ken have discussed with details, landlords right to increase rent is limited to the extent of consumer index rate ("TÜFE" in Turkish language). In your example, your calculation which you posted with a screenshot seems to be accurate. Thus, legally speaking, as long as you make the payment with TÜFE index increase once per year, then landlord has no legal ground to take a legal action against you. What landlord can do is, if he/she believes that the rent that you are currently paying is much lower than market price of other similar units, then landlord can go to court and ask judge to do adjustment (increase) over the rate. However, this is quite an exceptional legal way which could be used if the circumstances have been significantly changed since you made the contract in the beginning, for e.g, a new road / an underway metro / a shopping mall has been opened around the unit etc. All the best,
  3. That is a very good question which is why a legal representative here in Turkey is extremely important to act on your behalf. A legal representative in Turkey would help you to secure your position by taking the fund into its trust account and would not release it until all procedures have been completed. We urge our clients not to do full payment directly to seller's account until official papers are ready by the property title deed (tapu) office. Besides, it is also very important to have a proper legal audit over the unit if there is any charge/encumbrance or other negative records which reduce the value of the target property. Indeed, you might be interested in buying a property (by doing online check over the listings, pictures etc), but it may turn out that that property has charges (mortgage, bank loan, 3rd person claims etc) on the official records which the debt is sometimes equal to the purchase price. As a result of the title transfer, you become the debtor against 3rd parties as the new property owner and this happens to be devastating.
  4. Hi Selim, Hope you are doing well. Translation, notary certification and Apostill needs to be done in an accurate order to make it work. Apostille stamp works for the authenticity verification of Non-Turkish documents. For instance, when you do Apostille stamp on a UK originated paper (for e.g British birth certificate, UK passport) through the relevant UK authority, it means that document has passed the authenticity test and now it can be subject to automatic recognition by the Turkish Authorities. The reason why you need a follow up translation&notarization, it is because of the Apostilled certified document is still not in Turkish language, therefore you need to do the translation&notarization through a notary in Turkey or the notary in Turkish Consulate. Best way is to contact Turkish Consulate and ask them to give you the names and contact details of the accredited translators to have the translation&notarization completed. This has been a quite controversial topic which we discussed it couple of times with Turkish authorities before for my clients. Their answer was, yes, a UK born&raised citizen has to fulfill his military service after he has become a Turkish citizen which their reasons was based on various grounds. However, as you referred above, even if it is deemed that you are fit for military service, then you are entitled to use your "Bedelli Askerlik" - "Paid service" call option where you pay certain amount of money and joined the army for a very limited time (around a month) for learning basic army principles. So that's not a big of a deal any more. All the best,
  5. Eglegal

    Tipping

    There is no standart at tipping in Turkey, like US, but mostly %10 would be fine for most of the services, inc. food delivery, restaurant table service etc.
  6. Dear noor12345, Hope you are doing good. A101 and BIM do work and grow up on franchise business model, unlike other chain shops like Starbucks, McDonalds etc. For this reason, individuals are not authorized to open up new A101 and BIM shops. Besides, A101 is not a listed company but BIM is a listed company under Turkish Stock Exchange (BIST). Thus, for those who believe that a financial investment to BIM is a brilliant idea, can buy shares from the stock exchange which is very common and convenient. All the best,
  7. Hello, Divorce decree ordered by the Turkish Court becomes "absolute" if plaintiff and/or defendant do not appeal it within 2 weeks period of time. However, you need to make sure divorce paper is delivered to other party as well, given the fact that divorce decree can't be absolute ("final and binding") if 2 weeks appeal right has not been granted for both party properly. You do not need to apply for a decree absolute, as the court automatically notifies ID authority about the divorce to update your marital status. But, on the other hand, if you need a proof of paper to show your divorce status in UK for some official reasons then you might need to collect a copy from the family court in Turkey and have it certified with Apostille stamp. All the best,
  8. Hello Vu8, Yes, it seems to be the best way for 2 important reasons, which the 1st one you would be able to see the property in person given that internet listings do not always reflect unit's actual conditions, qualifications etc, while the 2nd one as you meet the owner in person, you can give it a try to do some further price negotiations. There is usually a gap at the listing price which usually varies between %1-10. Good luck with your market search All the best,
  9. Hi JT, Wish you and your fiancée best of luck at your relocation plan to Turkey. Bodrum/Mugla is definitely a nice spot to settle I am afraid that would not be very easy for a non-Turkish citizen who does not reside in Turkey and do not have prior credit score to a get mortgage loan. You might think that there is no risk for the bank, given that they take the property as "security" for a possible failure of you not returning the loan, but in practice that does not work like that. Banks requires a good credit score, along with the property security. I also heard that in some cases, newcomers use their home country bank's as a guarantor to that mortgage loan and invite them to the table when they are discussing the terms with the Turkish bank. One of my clients managed to get a mortgage loan successfully after 3 years she has started residing in Turkey and becomes a tax payer. Good luck !
  10. I am so sorry for your loss. Let me briefly advise you in this matter; Properties in Turkey are registered to Real Estate Office "REO" (Tapu Sicil Mudurlugu, in Turkish) where you can reach all the records, including ownership, charges etc. So, the right place to locate your property is a REO. We, lawyers, are authorized to conduct a property search without limitation, however, you need to prove that you are one of the heirs of your late mother with a written document (for e.g certificate of inheritance "CoI"). Otherwise, officers would probably not allow you to do property search by name-surname due to privacy restriction. At the next step, after you find out the details of the property, you need to initate the procedure which helps you to do the transfer of the title (tapu) to heir's name. For this purpose, main document that you need would be a "CoI". With a presumption that your mother was not a Turkish citizen, you need to file a case before 1st Instance Court (Sulh Hukuk Mahkemesi) in order to have a court decree which helps you to do the work at the REO. Once you have the court decree, then you are good to go to Tax Office where you pay Inheritance Tax (if any tax is due). IF there is no due tax, then they give you a paper which states that you are free from inheritance tax and can proceed to the final step, namely the transfer of the property to your names by the REO. As referred to in the preceding paragraph, final step is the REO where you apply to do the transfer of the unit to your name, along with the court ruling as well as the tax office paper. As you would understand, that is quite a complex legal procedures for those who do not have an adequate experience on the inheritance law and its practices here in Turkey. Therefore, I would personally recommend you to consult a law firm who has experience in this field.
  11. Exactly. Banks have no interest to confiscate their customers properties. They exercise that right as a last resort when you fail to repay. Buying/selling property is not the type of business which the banks prefer to engage. It is a risk for a bank if they couldn't manage to convert property into cash on time.
  12. Hi, Yes that is very common way of buying a property not only in Turkey but also almost all other Western Countries. Also, called, mortgage loan. However, for a Non-Turkish person who does not have any financial credit score in Turkey, that is very unlikely that loan application is to be accepted by a Turkish bank. Sometimes, you could prove your good credit score to a Turkish bank, through your local bank in your home country which has a partnership agreement with Turkish bank in terms of securities. Should you refer to commission for real estate brokers, it mostly depends on your negotiation but if standart rate applies it is %2 for buyer and %2 for seller. Should you asked about the property transfer tax, same rate applies as %2 for buyer %2 and %2 for seller. As the latter is a state tax, it is not negotiable. (%2 means, %2 of the official purchase price.)
  13. Hi Maria, Thanks for Ken for his contribution to the matter, but I have one hesitation here. I hope you managed to figure it out but I doubt that Kaymakamlik (Governor's Office) would be in help of you by receiving your diploma and have them Apostille certified remotely through post exchanges. They generally require your (or your representatives) application in person to do paperworks, like Apostille. That would be very helpful if they did that but I am not really sure if it falls within the scope their responsibility either. Pls update us how did you handle it. Also, apostille certification is something which we advise our clients on regular basis, so if you have any questions please do not hesitate. Regards,
  14. Dear All, Having a property is one of the preconditions only for applications through property investment type. For other type of citizenship applications,for instance, living in Turkey for more than 5 years with RP or being married with a Turkish citizen, property ownership status is not something which the immigration authority takes into consideration. There are different types of applications which all of them have their own set of conditions. Thus, for those who wants to do the citizenship application should look into the requirements of that particular type. It is not in English language, but you can have a look at the application types under the link given below; https://www.nvi.gov.tr/turk-vatandasliginin-kazanilmasi For instance, application through "marriage with a Turkish citizen" would require a 3 years long official marriage but not residence permit or property ownership etc. Regards,
  15. Hi Fada, First of all, sorry for the things you have been through. We are definitely so sad that this kind of inconviences are happening everyday in our home country. According to applicable law, builders are responsible for the defects for 5 years against buyer and their responsibility period may go up to 20 year for the hidden defects. You can claim material damage against builder if you are within this call period. In your care we are talking about the whole damage, including the extra damage given by the plumber, provided that you prove plumber worked with the instruction of the builder. Regards,
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