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Transfering a property/Buying off a friend

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Hi,

Hope someone can advise us on here.

Last year a good friend of ours who has an apartment in Didim contacted us to say that he was ill and he was thinking of selling his apartment, did we know anyone who would be interested.

Myself and husband decided to buy it off him.

We transferred money to him and agreed to split any legal fees. Apparently the last time he was over in Turkey and enquired about selling/transferring, someone told him to just give us power of attorney and when we go over there just take that with the Tapu etc.

We realised last year its nowhere near as simple as that now.

Our fiend, is now very ill and he is certainly unable to travel over to Turkey. Can someone advise us what we need to do to get the property put in our name?

I realise it appears we have been a little foolish  initially not getting advice before we paid our friend, however he was and is a good trustworthy person, its not  an issue about money we have already transferred to him, we just now want the property in our name and so does our friend, who just wants it off his back now.

Any help or advice would be greatly appreciated.

Many Thanks

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I think you only need a Power of Attorney from the seller then apply for the Military Clearance then do the transfer at the tapu office.

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Yes, some details about the problems you are facing would be useful.

Have you tried to find some estate agents in the UK who specialise in land purchases in Turkey and ask about your situation?

Have you met with various estate agents (emlak) in Turkey (be sure to see more than one or two) to ask what they believe are the requirements?

Have you hired a translator and inquired directly at the deed (tapu) office?

Have you consulted an English-speaking Turkish attorney?

Good luck

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Also please note I have heard that in certain circumstances, once a property has been cleared for a foreigner to buy (ie given a military clearance), the next foreigner to buy the property does not need to get a new military clearance done. Please see the article here http://www.propertyobserver.com.au/international/turkey-tempting-foreign-buyers-with-easing-of-foreign-ownership-laws/2013111966458

 

If this is truly the case it might help some people out.

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  • 2 months later...

Thanks for the replies, we've had a lot on our plate over the last few months so I've not been on here.

Basically, we haven't done anything other than give the guy our money and he has given us the keys Tapu and other paperwork. He initially said he was trying to sort out a solicitor over here who who would advise him but despite our mythering nothing has transpired. I'm getting the feeling he is just happy he no longer has the property (however he is and has been v ill)

We are due to go over next month, are we better trying to get a lawyer when we get over there. the apartment is in Didim so an recommendations would be appreciated.

Last year we spoke to an estate agent, accompanied by our Turkish friend but by the time he had finished speaking to us he had quoted £1000's of fees for simply getting the property put in our name.

Our Turkish fiend told us that he just saw us a cash cow and not to take an notice of him.

The man who we have bought he property from told us some time ago that he had been advised he can't give us power of attorney and take that over to Turkey because we could have forced him to do that and the power of attorney would have to go to a third party....does that sound right ??? And if so who would stand as that third party???

Hope this makes sense...

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Thanks for the replies, we've had a lot on our plate over the last few months so I've not been on here.

Don't worry about that, this is kind of a knowledge base. Whatever you post here, whenever you are able, will help someone down the road.

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Basically, we haven't done anything other than give the guy our money and he has given us the keys Tapu and other paperwork. He initially said he was trying to sort out a solicitor over here who who would advise him but despite our mythering nothing has transpired. I'm getting the feeling he is just happy he no longer has the property (however he is and has been v ill)

If the tapu (property deed for those unfamiliar) has your name on it, you're the owner. Period.

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We are due to go over next month, are we better trying to get a lawyer when we get over there. the apartment is in Didim so an recommendations would be appreciated.

If your name is on the tapu, what would you need a lawyer for? If your name is not on the tapu, as I understand it it is only a matter of the seller (or his legally designated representative) and you going to the land registry office and signing it over to you.

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Last year we spoke to an estate agent, accompanied by our Turkish friend but by the time he had finished speaking to us he had quoted £1000's of fees for simply getting the property put in our name.

The ownership transfer is just the seller signing the property over to you, the paperwork being processed and a new tapu being issued in your name. The land registry office would of course have fees, but the fees would be nowhere near thousands of pounds. Between Turks, it can be done in one day. With foreigners, there's a delay because of the military check.

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Our Turkish fiend told us that he just saw us a cash cow and not to take an notice of him.

 
That's very likely! And don't forget, it's people you trust who con you, not people you don't trust.
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The man who we have bought he property from told us some time ago that he had been advised he can't give us power of attorney and take that over to Turkey because we could have forced him to do that and the power of attorney would have to go to a third party....does that sound right ??? And if so who would stand as that third party???

That sounds bogus to me. Of course somebody can force somebody to sign paperwork, but that would be an issue to be sorted out in a later court proceeding. It is not something which would be presumed from the start.

The tapu transfer process is a simple procedure done at the land registry office. If he wants to sell the property to you (or even give it to you, for that matter) you would just go to the land registry office and fill out various forms, and a new tapu would be issued in your name. If later accusations came that somebody was forced to do something, that would be a separate matter for the court.

Please understand I am not a lawyer and this is not legal advice, I am just giving you my take on things. To be sure, talk to a lawyer. In property transfer issues in Turkey, a lawyer is not something to try to save money on. Also ask your lawyer to make sure the property is properly zoned, that is, that the type of building is legal for that area, that the seller is the same person as on the tapu, and that there have been no loans taken out against the property.

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Your story is quite confusing but if I have it right, then you are doing the same as what I did a couple of months ago.

The sellers can not travel to Turkey right?

So we got London Legal International in the UK, to draft the POA. They got the Turkish consulate in London to approve it. Then sent it via registered post to their Izmir branch. The lawyer there (his name was on the POA )met me at the Tapu office in Didim and all was done and dusted. Really easy.

Re the bit about the seller saying he can not give POA, I agree that is very strange. POAs are done all the time. My third party was the Izmir branch of London Legal international

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Thanks everyone, I feel a little less overwhelmed now. Natalie, that sounds like what we are after really. Do u mind me asking what kind of costs we are looking at for everything and how long did it take from start to finish. We are over there next month for a couple of weeks but then maybe not back over again till late summer.

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