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Can anyone confirm what the position is in relation to a buyer defaulting on the sale of a property in Turkey. I understood that if the buyer defaulted they lost there deposit and part would go to the estate agent and part to the buyer for compensation. Last year my sales agent confirmed they had a buyer for my property and took a 5% deposit which was held by them. This was in September 2013. I was expecting the sale and completion to go through by the end of October, the agent kept saying the tapu had not come through, but could be anytime. As there are not many flights into Dalaman in the winter from the UK I gave Power of Attorney to the Agents to handle the sale. In January 2014 I was advised by the agents that tapu had arrived and they notified the buyers, who said they were no longer proceeding due to financial problems. The agents held on to the deposit and said when 'they found another buyer they would refund half of the deposit' But if it was sold via another avenue they would only refund me my power of Attorney fees. I have challenged them constantly to no avail, and I have now sold through another agent. Can it be right that the other agent has kept the full deposit (surely this is fraud) and is there a precedent in Turkish Law in relation to deposits and buyers defaulting. It has taken me almost another year to find a buyer for the property after it was taken off the market and resulted in addtional costs for insurance, maintenance and fees, surely there should be some legal protection for the seller in this instance. I would like to point out that the agent did not put a clause in the sale contract regarding the forfeit of a deposit should the buyer default.
The provisions of the Law on Mediation in Civil Disputes (Law No. 6325) (published in the Official Gazette dated June 22, 2012 and numbered 28331) (“LMCD”) shall enter into force one year following its publication in the Official Gazette, on June 22, 2013. The Regulation on the LMCD (“Regulation”) was published in the Official Gazette dated January 26, 2013 and numbered 28540 and shall enter into force on the same date as the LMCD. The LMCD regulates mediation in Turkish civil law for the first time. In that regard, Article 1 of the LMCD stipulates that mediation shall be applied only in the resolution of private law conflicts, including those having a foreign element, arising from acts or transactions of interested parties who have the capacity to settle such conflicts. The preamble to the LMCD states that it aims to regulate the procedures and principles for resolving conflicts without applying to Courts. Under the LMCD and the Regulation, mediation is defined as “a method of voluntary dispute resolution system carried out with the intervention of an impartial and independent third party; who is specially trained to convene the relevant parties by way of systemic techniques and with a view to help such parties mutually understand and reach a resolution through a process of communication”. According to the LMCD, a “Mediator” must fulfil the following conditions: (a) being a Turkish citizen; ( being graduated from a Law faculty and having at least five years of professional experience; © being fully capable; (d) having no criminal record for having committed an intentional crime; and (e) having completed mediation training course and passed the written and practical exam administered by the Ministry of Justice. The persons fulfilling these conditions may act as mediators by registration to the Mediators’ Registry and may commence their services from the date of registration. The main purpose of such a concept is to arrive at a more expedited solution of the disputes simply and easily through mediation, a form of alternative dispute resolution.
My Father in Law died over 6 years ago and he owned a house jointly with his wife, they had turkish wills in the event of death that the house be passed to the surviving spouse or if in the event of both deaths to be passed to their two sons in equal shares. This I thought would be a simple transaction that the property would be then put into the sole name of my mother in law (his spouse). This still hasn't happened after all this time despite numerours trips to the lawyers office, and lots of money in various charges from the lawyer. My first question is does it normally take this long? It is a very frustrating time as she can't access or close his bank accounts in Turkey either, or even cancel the satellite TV subscription that was in his name. And now she is worrying that the tax office will want money for inheritance tax but has no idea how much this will be, is this calculated on a scale. it is almost as if the authorities in Turkey do not recognise that he is dead, even though the death certificate (issued in the uk) has been in the hands of the lawyer for 6 years. I have lots more questions, but i have to start somewhere
Looking for some assistance for a friend. She is a divorced mother of two boys in turkey with custody, she recently has made the decision to move to the states to restart her life there, since she has family and friends there. Her ex-husband and his family, who is also turkish, is saying he will not let the boys move, out of spite. He comes from wealth and is hard for her to match there lawyers. Is there anything she can do to move them. He does nothing with the boys when the visits, so his decision is mainly bases on her leaving him. Thank you for any help you may supply