BBC1: Rip off in Calis?

[madmart]

This is no consolation I know, but perhaps this case can serve as a timely warning to those interested in purchasing a property overseas, to not do so with their 'holiday glasses' on.

I feel dreadfully sorry for this couple but would they have committed £85000 at home without legal advice. In a foreign country with a different legal system it is perhaps even less advisable.

[Dutchie]

I watched it yesterday and they briefly showed a paper saying that the house was to be bought in the name of this Cem but that he wouldn't have the right to use it. I can't recall the exact wording and can't recall whether it was in Turkish or English. I'll check it out later.

It would explain why the builder is not being mentioned.

[cef]

Were that it was that simple Madmart, TIT (this is Turkey) ;0

Turkish lawyers do not have the same powers as UK solicitors, or a governing body with any teeth so the bad apples continue to operate unchecked!, they can & do create more complications than they solve in too many cases & in some are downright corrupt

Money &/or Greed is an invidious soul that rears it ugly head in the most unexpected of places.............

Unless a paper trail exists, which I doubt, any collusion between the Builder & Emlak would be impossible to prove , even if it's as clear as the nose on yer face to most of us .  Their lawyer pursued the Agent who they paid their money to & achieved a result for them, actually getting the money from this slime-ball is different game......... They didn't pay any money to the builder, therefore under Turkish law, they have no claim against him.  (Too simple to get wrong, one would think?)....  No doubt all 'Cem's' assets have already been 'transferred' into other names.......

He's gonna pay it back when he can.......... yeah right, quick DUCK!!! Flying Pigs approaching 

Dutchie, The 'piece of paper' claiming a right to the property was written by Cem himself, the Tapu was still in the builders name.........

[madmart]

The first piece of advice we were given when we bought was do not hand over anything except the deposit until you have the Tapu. That seems fairly simple.

In the correct name obviously.

[Dutchie]

@Cef, the tapu was not in the builders name but in the name of a sollicitor used by the estate agent.
So the builder isn't to blame really. He most likely received his money and signed the villa over to the sollicitor.
However, if the solicitor refuses to sign the villa over, then there is a problem.

What a sad case.

[jackstee]

Ok
I have read this and many other horror stories. My heart also goes out to these and all other people in the same situation. Of which I may be one.

We hadn't been to Turkey for some 8 years ( Worked there from 88 - 2000) so after selling uk house for a small profit we decided to check the place out again.

We had a fixed budget, knew what we wanted (Small But & Ben)and set up meetings with several estate agents (reportedly reputable) in Kibris and then Dalaman to Kemer (Antalya) We hired a car in Dalaman and had a super but slow drive down the coast. Being back in Turkey was like comming home. Even better the roads and the police had improved by 1000's of %.
When we arrived in Fethiye, a place we didn't know, we checked in a hotel the agent had arranged. (The old Kemal) and it was great. After looking, as before, at several properties we were about to leave for Kas and Kemer when we were informed of an old Turkish place jst on the market. Remember, all by a reputable estate agent.
My wife thought it was majic and I thought it was ok.
We put in an offer and after some arguments it was accepted. The offer was supposed to include initial legal fees.
(Mistake part) The estate agent brought in the lawer that they deal with and we paid a small amount deposite which was supposed to pay his fees. Bank check carried out and all ok and our tapu was applied for. However this was the period when laws were changing and Tapus on hold. Brits worked for the company and I still think they are fully trustworthy.
Skip 4 months and we arrive in Turkey after finishing with job due to security reasons.
Rented an apartment for two months in December but it was so bad we rushed our furniture in and moved by 1 st Jan.
Was going to move in but owner demanded the cash and after checking with the Emlak it should be no problem. Tapu mess sorted and it was just a matter of time.

Six months later told the Tapu would be ready on Friday.
Thursday morning we had a call from the Emlak to urgently visit them.
They informed us that since we had applied for the Tapu the Museum had blocked that area from foreigners. That they had only just found out, they could put the house back on the market or take the previose owner to court. ( However they didn't think I would get anything Back from the owner)
e were devastated, we thought we had done everything correctly and were about to loose everthing. ( Yep the lawer maybe was a mistake)
There is now way my other half wanted to leave so we accepted an idea that the owner/manager of the Emlack would put the Tapu in his name after a contract was issued. Basically the contract said it wasn't his, he couldn't move us out and we couls do anything we wanted to the house. We checked with two other solicitors that the contract was oK and was told that it was the best that could be done.
So now we are approching 5 years, we can only sell to Turkish nationality unless they change the laws (Another story)
It has been a strain and a lot of sress but we think to sell just to get rid of the stress. But neather of us really wants to.

Lessons, I think that most of us could be caught out if there was enough people trying to get us.
We were not pushing to find a place and fethiye was nearly the last place we looked. We , during the 3 weeks prior had seen nearly 30 properties, some were unbelievably great, thats why we didn't go for them.
So we can be caught. I cannot say anyone was dishonest with us, I think the lawer should be held resposible for not finding ot at the begining that we could not own that place. But his reputation is very good.
The person who the tapu is registared was pointed out as a very trustworthy and honest person held in high asteem in Fethiye. ( I don't think he knew in advance)
he is in an even senior position now and I am sure he would not defalt. Problem is possibly one of his friends who also know the story.

So we were duped, by whome I don't really know, maybe we will come out ok. I know we don't really want to sell(even if we can) but we may have to try to which may trigger an adverse reaction.

The lesson of this one is that it is amazing, however much you try to do everything correctly, how they can get you in the end.

[Menthol]

Oh. Your story is scary, jackstee.

And also sad. Feeling for you and your wife.

 

[Dutchie]

What an unlucky timing Jackstee and it's understandable that the whole situation causes great stress.

Before it used to be possible to set up a company which could legally own the property.
It was a loophole in the Turkish law. I'm not sure whether that is still a possibility but might be worth checking out (if you haven't already).

If the person on the Tapu is really that well respected, and since nothing happened during the last five years, you might be able to trust him. However, what will happen to the property in case of his death?

[Scunner]

Steve - do you have any reason to suspect that the person who's name is on your tapu will rip you off? Or is it that you hear stories like that one on BBC1 yesterday and it gets your pulse racing?

I have a feeling it is the latter. I too have had to put property into the name of a Turkish person (another story as you said) and I trusted this person completely. But I still woke up in a cold sweat some nights, or couldn't get my mind off the "what if's". Then I wouldn't think about it for weeks then lie awake one random night thinking about a tale on here or on telly where the people did no more than I did, and lost the lot.

The news is in the disasters unfortunately and we concentrate on the horror stories. You can trust people. I did and when it came to the day when I sold the property, they came along, signed it over and went away.

You want to sell it purely because you have a need inside to find out whether you would get your money. Think long and hard about that one.

[jackstee]

I thank you Keith I needed that.
Unfortnately , I cannot , yet show it to my other half. But it does give me strenth.
Thanks again