Jump to content

Verbal agreement to sell a property in turkey

Rate this topic


Recommended Posts

Hi th

I am new to your Forum, I have an urgent problem, we had a villa in Turkey until a few days ago, we made an agreement with an agent to sell to him, he took us to the Notary Office and we signed documents there for him to sell our property at "any price" after we had done this we were very concerned about the inclusion of the "at any price" we went back to the Notary office on our own and we spoke with them and they said we could cancel this agreement to give Power of Attorney to the agent we asked if they needed this and they said not while we were still in the country he would only need this power of attorney if we were leaving and wanted him to act on our behalf, the Notary cancelled the agreement to give Power of Attorney to him, he had promised to give us a deposit but two weeks later we still had no deposit but he said he would have the money soon for us, he is also saying that we signed a contract in his office which states that if we back out we owe him £10,000.00 and vice versa if they back out, however he did ask us to sign this which was on a white piece of A4 paper not a letter headed paper with the name of the company but we declined to do this he put the date of sale on this as 25th June two days before we were due to return home. However as he was not forthcoming with a deposit we felt that he was going to back out we did try to speak about this but he kept saying he would have the full money soon for us. In the end we had another offer on our villa and we accepted this, we did tell him we had another offer and asked if he could give us a deposit or the full purchase price he kept saying he would have full money soon not to worry, another few days passed and the other interested party had the money ready to give us, we had to return to England earlier than our intended date and so we sold to the other people, we went into try to see the other agent to let him know but they said he was off somewhere on business, We did everything legal with the purchasers signing the Tapu over etc at the Tapu Office.

As soon as the first agent realised we had had to go home early and had sold to someone else, he started phoning us and texting and with each text the threats became worse, he is still texting us now. Three days later. He says we had an agreement, he says we signed the contract in his office which we most certainly did not, the one which he showed us and was on an A4 piece of paper, he has sent a copy of this via email to me, showing our signatures, Now we did not sign this he had copies of our signatures on the Power Of ~Attorney done at the Notary and all our details, copies of our passports containing our address and we did give him our English mobile number this is what he has been contacting us on. We think he may have copied our signatures on this so called contract. ~We are extremely worried now that he can take us to court over this, he has threatened to send his brother to see us who lives in the UK. He says we do not mess with him, What we need to know is where do we stand legally with this, due to the fact we cancelled legally the power of attorney the next day and he did not give us a deposit and the signtures on this so called contract look like our signatures but we know they are not. What can he legally do, he is asking us for £10,000.00 for breaching this so called contact and also he says he had the money transferred in to his account ready to give us and because of this transfer and us selling to someone else, because he kept making excuses and no deposit. that he has also lost £3,000.00 in interest on this money so he wants this also, he has said he will take us to court and he is getting a solicitor and of course the threat of "Don't Mess with Him" and that he will send his brother round to our home to collect this money.

Where do we stand, can anyone help us with this issue. Please.

Rocamber

Link to post
Share on other sites

Hi Rocamber, sorry to hear of your plight. I am hoping one of Turkish lawyers friends can answer questions, Unfortunately they tend to be busy people and only come onto the forum now and again, so it may be a couple of days before they answer you,

Good luck hope it all works out for you Posted Image

Link to post
Share on other sites

Good morning Rocambler,

unfortunately I had to go to court in Turkey as someone signed my signature on a Sennet and wrote in a large sum which I apparently owed him. I refused to pay and then, of course, I was given notice that the bailiffs would remove all my furniture from my flat. It was an awful time with me living on my nerves for about 6 weeks waiting for the bailiffs to arrive. My neighbour gave me room in his cellar so I was able to hide my expensive Chinese furniture there and I also deposited my laptop, TV etc etc etc in the cellar as well. In the end a friend bought the rest of the furniture off me and I left Antalya for 15 months as my nerves got worse and worse and I just had to get away. I was also being threatened by a Turk and was afraid for my life.

I was summoned to court and returned from England as I had to appear personally and handed in my signature. It's a long long story but I won the court case in the end.

You definitely need a good English-speaking lawyer who specializes in property issues. We are a real-estate agency and have sent quite a few foreigners to talk to the lawyer who works together with us. I would like to add that we DON'T earn anything out of this. My lawyer has helped me in the past and sends us customers sometimes and when foreigners need help, we refer them to her. Her name is Ceyda and she is based in Antalya.

If you click on www.anatolianrosehomes.com (below) you will find a link to her office (Ceyda, our legal partner) She lived in London for several years and is also a sworn translator for English/Turkish. I'm sure she will be able to give you advice.

I will also give you her mobile phone number: +90 537 256 40 77

Good luck!

Jade

Link to post
Share on other sites

Thank you very much for your replies, and thank you for the information re the lawyer, we are at our wits end at the moment and constantly being bombarded with texts messages and threats of court action and him sending someone round to our home for money we know we do not owe him. We thought we would be safe when we got home but this is not the case. thanks again.

Rocamber

Link to post
Share on other sites

Thanks I have kept the texts 55 of them so far and a couple of emails and numerous calls which I am not answering. If this goes to court does anyone know if we have to go back to Turkey we do not have a lawyer yet, he says that the date on the so called contract he says we signed which we most certainly do not is as he says 25th June, he says if we do not pay him money by then he will get a solicitor and take us to court but he is lying that we signed any kind of contract and I do not know how we can prove that he has forged our signature on this piece of paper, he had copies of our passports and he had the original power of attorney and the cancelled power of attorney both with our signatures on he could have copied them from any of these documents, If the courts believe him we could end up losing everything, we are so worried about this, the copy he sent to us, is just on A4 peice of paper not headed paper with the name of the Emlak on it. We have no money even though we have sold the property it was sold at a loss and we had borrowed the money from family to buy in the first place we just managed to sell it for enough to pay them back we do not have property here either so I dont know how we can pay money we do not owe because they may believe him.

Rocamber

Link to post
Share on other sites
  • 2 weeks later...

Are you in the UK? Are you planning to return to Turkey? If you are not planning to return, keep his threats somewhere safe. If you have no property or tangible goods in Turkey, what can he do? The government is not going to extradite you for such a trivial matter. You might take your complaint to the Turkish embassy/consulate in the UK, they might laugh at it or they might actually do something, it might be worth a try.

If you do return then you have a different situation. Report him to the police and file a formal complaint against him. You do not need an attorney to do either of these. If you have original copies of everything, especially the cancelled power of attorney, you signed, you should be OK. Of course, you are in for a long wait as the process unwinds. Everytime you get another call or letter or email, take it to the police, show them you will be a pain in the a** until they talk to this guy and tell him to stop. In the meantime a prosecutor is obliged to read your complaint, if he/she feels it has merit, it will be forwarded for a court hearing. You need an attorney at some point, preferably one who speaks good English and try to find a good translator who can help you with your written complaint.

Good luck

Link to post
Share on other sites

Hi Rocamber, I'm sorry to hear that problem. I want to try to clarify the issue on the grounds: 1- power of attorney 2- any other effective document like a contract.

If you have given a power of attorney to him, that document will bind you. However you have the right to cancell it any time, if you have not cancelled yet, hurry up. Your story sounds a bit complex, so I cannot tell exactly what power you have given to him.

As to a contract, obviously a contract binds the parties. But there are ways to refuse to fufill the obligations brought by the contract. If a contract is signed under such circumstances as a threat, or other action forcing one of the parties to do something, you can file a petition to that effect. If you can prove that the other party caused you to sign the contract , under abnormal conditions like a threat, the contract will not be effective legaly. There is another way to refuse to fullfill the contract terms: Is the contract in question a legally effective contract? By this I mean, a conract should be legally acceptable, otherwise it cannot be called a contract legally. The contract terms should be consistent with laws. A contract is considered as an evidence for a deal between the parties, from which both of the parties are assumed to get some benefit . Let me give an absurd example to explain what I mean: You cannot make a 'sale' contract with someone by which you sell your property for nothing in return. If you sign something like that the judge will think you are forced to do so.

Your case maybe handled considering these features of a contract. Probably a lawyer can help you by bringing enough evidence to cancell the thing that the other party calls ' a contract' .

Link to post
Share on other sites

If Rocamber doesn't respond to your posts maybe it's because I spoke to Mrs Lawyer who contacted Rocamber by PM.

Link to post
Share on other sites

But what happened to the 'edit' button? I noticed the typing mistakes I made, like full instead of fulfill, and others..

Hi Saffron, I edited the typing mistakes so that it makes sense. Hope you don't mind. You only have a couple of hours in which you can edit your posts, after that the edit button disappears.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...