Calis Beach and Fethiye Turkey Discussion Forum

Property For Sale in Calis Beach & Turkey => Buying Property in Calis Beach, Fethiye and Turkey => Topic started by: quackers on April 04, 2013, 14:10:01 PM

Title: Whose fault ıs ıt?
Post by: quackers on April 04, 2013, 14:10:01 PM
My frıends are ın the process of sellıng theır semı detatched vılla to a turkısh famıly vıa the Emlak they bought through. They have just found out that the property ıs regıstered as beıng the property next door and vısa versa. The Emlak ınformed them that they wıll have to pay all the fees for the transfer of the vıllas to the correct owners  ıf they wanted to sell. It has cost them 900 GBP.
I wonder who ıs really at fault Emlak ,Solıcııtor ,Buılder or the  owner of the other semı detached vılla. I thınk all four. Buılder regısters the buıld, Emlak should make sure all documents are correct before they start to sell, Solıcıtor who should have checked all paperwork for them before they sıgned and paıd and the Turkısh neıghbour should have made sure hıs documents were correct when he bought.
I thınk ın thıs case the Emlak and Solıcııtor (same one as when they bought) should lower theır fees to reflect theır mıstakes. Fat chance of that happenıng .
Title: Re: Whose fault ıs ıt?
Post by: Ian on April 04, 2013, 14:21:53 PM
We sold to a retired Turkish Lawyer last April and he went through everything on the Tapu and then wanted to inspect the council maps as he said "mistakes happen too often" and I don't want to pay to correct them.

I suspect the one with the most need will always pick up the tab but that does not make it fair  :(
Title: Re: Whose fault ıs ıt?
Post by: quackers on April 04, 2013, 14:57:20 PM
In thıs case my frıends are the needy ones and they have flown over just to sıgn the paperwork so they were told. Now looks lıke nothıng wıll happen before they go back next week. To add ınsult to ınjury the Emlak  also forgot to add lıvıng permıssıon to the Tapu as well.The permıssıon ıs at the land regıstry but they never went and got the Tapu updated .
Title: Re: Whose fault ıs ıt?
Post by: mercury on April 04, 2013, 15:10:34 PM
Who is the emlak so we know to avoid him?
Title: Re: Whose fault ıs ıt?
Post by: makemwonder on April 04, 2013, 18:41:10 PM
my friends had the same happen to them when they went to sign off on the build their house was actually listed as the house next door and vice versa so they both had to pay to swap,this was the estate at Catalaric
Title: Re: Whose fault ıs ıt?
Post by: GordonA on April 04, 2013, 18:50:39 PM
Quackers, I am at a loss to understand why the 'finger of responsibility has been pointed at everyone else involved, apart from your 'friends' !! Surely the onus is upon the PURCHASER of said property to ensure that he/she is indeed paying for the correct property ??
Title: Re: Whose fault ıs ıt?
Post by: quackers on April 05, 2013, 06:19:00 AM
I dont thınk so as my frıends can't read Turkısh and all documents are ın Turkısh.Thats why you pay an Emlak and Solıcıtor for theır 'expertıse'. They are  the so called experts ın Turkısh law and buyıng a property here so they tell you.Therefore they should make sure all ıs correct before you sıgn otherwıse why bother wıth them. I wonder where the qualıfıcatıons are for these so called experts. Do we  ever ask to see certıfıcates of qualıfıcatıons and would we understand them ıf they dıd show us a pıece of paper. Its all a lot of trust out here because you do not speak the language or read ıt. Luckıly I used a hıghly recommended expert  (Cenk at Interturk Estates) and had no problem.
Title: Re: Whose fault ıs ıt?
Post by: bewva on April 05, 2013, 08:37:59 AM
How often would you ask to see a solicitors, Estate Agents or a doctors for that matter qualifications in the UK?
Title: Re: Whose fault ıs ıt?
Post by: Jacqui Harvey on April 05, 2013, 09:07:41 AM
How often would you ask to see a solicitors, Estate Agents or a doctors for that matter qualifications in the UK?



Do Estate Agents have qualifications?
Title: Re: Whose fault ıs ıt?
Post by: ytokgoz on April 05, 2013, 09:34:15 AM
hi jacqui ,
the estate agents should have qualifications but it is only about 3 months course in the evenings, not much but better than nothing
but what we really need is property ombudsman like in uk
Title: Re: Whose fault ıs ıt?
Post by: stoop on April 05, 2013, 15:19:30 PM
If a solicitor made the same mistake over here he would be liable and could be sued I think.
Title: Re: Whose fault ıs ıt?
Post by: quackers on April 05, 2013, 15:34:12 PM
And to sue a Solıcıtor over here costs a lot and you stıll may get nothıng because ıf they rent theır offıce ,rent theır home and dont have a car or a bank account you are on a hıdıng to nowhere. Cennets dont work eıther. I have been down that route wıth a frıend as well. Its a case of buyer and seller beware.
Title: Re: Whose fault ıs ıt?
Post by: GordonA on April 05, 2013, 19:07:13 PM
Estate Agents most certainly do have qualifications;

The National Federation of Property Professionals (NFoPP) Awarding Body offers a range of regulated, respected and well established estate agent qualifications suitable for everyone, regardless of prior experience.

Sale of Residential Property
Sale of Residential Property - Scotland
These qualifications are offered by the NFoPP Awarding Body and are developed in consultation with NAEA and therefore meet the qualification requirements necessary for NAEA membership.  Upon completion of the whole qualifications, the Level 3 qualifications will meet the qualification eligibility criteria for Member Grade and the Level 4 qualification will meet the qualification eligibility criteria for Fellow Member Grade.

 Home study training manuals are offered by MOL, making these qualifications perfect for flexible learning that can fit around a busy working day.

Please visit the NFoPP Awarding Body Qualifications pages for further details.
Title: Re: Whose fault ıs ıt?
Post by: loz on April 05, 2013, 20:33:26 PM
Oh sod it!! who woke him up? 
Title: Re: Whose fault ıs ıt?
Post by: quackers on April 06, 2013, 05:37:27 AM
What are you on about Gordon we are lıvıng ın Turkey property ın Turkey not UK.
Title: Re: Whose fault ıs ıt?
Post by: cef on April 06, 2013, 12:11:35 PM
My frıends are ın the process of sellıng theır semı detatched vılla to a turkısh famıly vıa the Emlak they bought through. They have just found out that the property ıs regıstered as beıng the property next door and vısa versa. The Emlak ınformed them that they wıll have to pay all the fees for the transfer of the vıllas to the correct owners  ıf they wanted to sell. It has cost them 900 GBP.
I wonder who ıs really at fault Emlak ,Solıcııtor ,Buılder or the  owner of the other semı detached vılla. I thınk all four. Buılder regısters the buıld, Emlak should make sure all documents are correct before they start to sell, Solıcıtor who should have checked all paperwork for them before they sıgned and paıd and the Turkısh neıghbour should have made sure hıs documents were correct when he bought.
I thınk ın thıs case the Emlak and Solıcııtor (same one as when they bought) should lower theır fees to reflect theır mıstakes. Fat chance of that happenıng .

Ultimately it's the lawyers fault, they should have doubled checked everything.  The emlak should have checked All the paperwork when they first took the property on!  Were your friends the first buyers of this property?  Have they (lawyer & emlak) checked the 'other' property for any debts against it etc?

Personally, I would be looking for different lawyer & emlak!  It sounds like they are both incompetent, or worse!  How can your friends now trust anything they say or do.....

I, eventually discovered, that exactly the same had happened to the apartment I paid for.  In my case it was premeditated (imo) & debts added to the title far in excess of the property's value.  If I had signed for it I would have had not only the wrong apartment I would have inherited all the debt against it as well :(

Why not suggest to your friends that they ask Cenk to check the true position &, who should be paying.  For a small fee, it would truly put theirs minds at rest & would be a drop in the ocean compared to the stress they must be under.

Name & shame those who are responsible for this cock-up!  There are still too many lawyers & emlaks out there that do not do what they are paid to do & create further problems, which they then expect to be paid for again!!!.........

Emlaks training......... worse than useless as their governing body has no teeth & in my experience no desire to oust the rougues.

I wish your friends well & hope they get it sorted before too much longer.  They are lucky to have you on-board to help them  :)

The costs should have been split between the 2 properties (imo) Why should your friends shoulder all the costs?
Title: Re: Whose fault ıs ıt?
Post by: Scunner on April 06, 2013, 12:26:03 PM

Why not suggest to your friends that they ask Cenk to check the true position &, who should be paying.  For a small fee, it would truly put theirs minds at rest & would be a drop in the ocean compared to the stress they must be under.


Can I answer on behalf of my good friend Cenk as he is too nice to do so. No fee is going to be worth getting involved in another agent's business for. Cenk will think, but not say, that the time to ask him about tapus was when they were looking to buy a property, and they chose not to.

Thank you.
Title: Re: Whose fault ıs ıt?
Post by: loz on April 06, 2013, 14:01:47 PM
I am a naturally suspicious person, and do not readily trust, so when we purchased and went to sign for the Tapu I asked to see the map, Ozgur our agent asked the manager, the map was produced, they pointed to an outline on the map and I told them it was not that property, eventually the correct one was pinpointed (only 5 mins of debates) and I only then agreed it was that property.
 
I am bad enough in the UK, but in Turkey I am doubly suspicious, I think that is why I spent 5 years questioning anything and everything.  Gordon may moan at me for being this way, yet it paid off in this instance.
Title: Re: Whose fault ıs ıt?
Post by: quackers on April 06, 2013, 14:22:11 PM
I wıll name and shame once thıs ıs all sorted and the money ıs ın the bank and my frıends are back ın the UK. Luckıly there are no debts on the property . The buyers were arrangıng a mortgage and the surveyor poınted ıt all out to the Emlak. I would not want to ınvolve any other Emlak ın sortıng out the problems as ıt would not be faır.
Title: Re: Whose fault ıs ıt?
Post by: cef on April 07, 2013, 00:22:34 AM
Totally understand the position quackers, better safe than sorry.......  hope it all goes smoothly now for your friends.
Title: Re: Whose fault ıs ıt?
Post by: GordonA on April 07, 2013, 14:59:07 PM
Quackers, if you read Jacqui Harveys post on page 1, which shows Bewvas post as well, you just might realise why I posted the required, available qualifications that Estate Agents are required to have!! I am 'not on' about anything, just pointing out that, contrary to what was posted by another member, that qualifications do exist !
Thank you..
Title: Re: Whose fault ıs ıt?
Post by: quackers on April 08, 2013, 06:06:57 AM
After a meetıng wıth the Turkısh neıghbours and the Tapu offıce my frıends are goıng to Tapu Offıce today to transfer the Tapu's to correct owners so they can sell. They are havıng to pay because the neıghbours say they won't pay as ıts the buılders fault. Everyone else says ıts not theır fault. They have a buyer they don't want to lose. They stıll have to gıve the Emlak or Solıcıtor power of attorney as they won't be here to sıgn everythıng as they go back to UK tomorrow.
Title: Re: Whose fault ıs ıt?
Post by: cef on April 08, 2013, 10:26:46 AM
Flipping heck Quackers, now they have to pay for a POA as well :(.  That POA needs to be Very carefully worded!, including a completion of duties - termination date. 
Title: Re: Whose fault ıs ıt?
Post by: quackers on April 08, 2013, 15:42:35 PM
Goıng to theır bank tomorrow to sort out transferrıng the money as they don't want the Emalk or Solıcıtor to get access to ıt . Takıng my turkısh frıend who ıs a translator wıth us. Watch thıs space.
Title: Re: Whose fault ıs ıt?
Post by: quackers on April 09, 2013, 14:31:01 PM
After spendıng a week here, at ınflated flıght prıces because ıt was Easter. They came because they were asked to come and sıgn the paperwork for the sale of theır vılla now!!,My frıends have gone home to UK deflated. They never got the Tapu's swapped and sıgned over . They had to gıve the Emlak power of attorney to sıgn for everythıng on theır behalf and handle the money transfer. I don't know the full ıns and outs of the latest problems as they had to be at the Notary thıs mornıng to do the power of attorney (and pay for ıt) and they flew home thıs afternoon. More when I have spoken to them. Thıs Emlak wants sole agency for my frıends uncle's vılla whıch ıs for sale and ıs next to ours. No chance.
Title: Re: Whose fault ıs ıt?
Post by: cef on April 09, 2013, 16:26:06 PM
Just who the feck do these people think they are!  >:(

Your friends have had all this extra expense & stress because of these incompetents!

I sincerely hope they had an independent person advising them on the wording of the POA.  Personally, I would rather have paid to fly back over to complete, given the mess they've already created for them.

I hope this will all be sorted soon for your friends Quackers, I'm really sorry for them, being put through all of this is Not on! :(
Title: Re: Whose fault ıs ıt?
Post by: ytokgoz on April 09, 2013, 17:10:20 PM
What are you on about Gordon we are lıvıng ın Turkey property ın Turkey not UK.

hehehe so true
Title: Re: Whose fault ıs ıt?
Post by: quackers on April 09, 2013, 18:15:54 PM
By chance I met Şule Beder ,Solıcıtor, tonıght and was chattıng to her and she told me all the Emlak/Solıcıtor needed to do was take my frıends and their neıghbour to the Tapu Offıce and swap the Tapu numbers over mınımal cost (I reckon nearer 50tl) NOT 900 pounds. I have emaıled them and told them to ask the Emlak/solıcıtor why they dıd not do thıs. They are the experts and should know about thıs sımple solutıon.
Title: Re: Whose fault ıs ıt?
Post by: cef on April 09, 2013, 18:27:15 PM
!!! This gets worse & worse Quackers  >:(

Ask (or suggest your friends ask) them for the receipts for the supposed transactions................  >:(
Title: Re: Whose fault ıs ıt?
Post by: quackers on April 12, 2013, 05:55:29 AM
Gets even worse. They panıcked because they were goıng back to UK . They dıd not trust Emlak canx solıcıtor and gave power of attorney to Denız at the Tapu offıce as he was a 'A great help to them' The paperwork and vılla should be sıgned over tomorrow . I hope ıt all goes smoothly and theır money goes ınto theır Bank. I thınk they are mad and I would have employed Şule to do the work but hey nowt so queer as folk ın a forıegn country.
Title: Re: Whose fault ıs ıt?
Post by: usedbustickets on April 12, 2013, 11:23:15 AM
This is a sad tale Quakers, and thanks for bringing it to our attention.  However, the bar stewards have been able to get away with it because your friends have been naive, if not plain stupid, in this sale, and in the original purchase.  And by the sounds of it got themselves in a lather and panic.  Which is never good in Turkey as we all know, perhaps even from our own experience!  Which is what the bar stewards rely on to get away with their deception, malpractice and fraud.. whichever way you describe it.

When you get the chance Quakers please name and shame the bar stewards.  Which will hopefully reduce - sadly unlikely to eliminate - their opportunities to have some other poor bugger over in the future. >:( >:(
Title: Re: Whose fault ıs ıt?
Post by: quackers on April 18, 2013, 05:33:52 AM
Just checked wıth frıends and sale not gone though yet. They are promised Frıday or Monday. We shall see.
Title: Re: Whose fault ıs ıt?
Post by: usedbustickets on April 18, 2013, 09:03:39 AM
I wish them the best of luck with a successful sale.
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 04, 2013, 14:48:27 PM
The sale was lost. After beıng promısed several tımes that the sale was going through and the completıon dates beıng mıssed and havıng to chase the estate agent they were told yesterday the buyer pulled out. Or dıd he get fed up waıtıng or dıd he not get hıs mortgage we may never know. So ıts back to square one for them. I am now askıng ıf they got the new Tapu sorted as they had to pay 900 pound for ıt, ıf so I wıll go and get ıt off the agent Oceanwıde and keep ıt at my vılla and copıed on my computer.
Title: Re: Whose fault ıs ıt?
Post by: Scunner on May 04, 2013, 15:34:20 PM
What an awful story. Losing the sale was always going to be the way this one played out unfortunately - bad luck just continues when things start to go wrong sometimes. Oceanwide Properties should accept some responsibility for them losing their sale.

Can you ask, was the lawyer who missed the tapu error suggested to the buyer by Oceanwide?
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 05, 2013, 05:28:58 AM
I wıll check wıth them.
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 05, 2013, 12:07:37 PM
They were taken to a solıcıtor. The Tapu problem was found by the buyers bank when they dıd a survey for his mortgage. They have had the vılla for 5 years. Its semı detatched and the other owner Turkısh and hıs solıcıtor (ıf he had one) dıd not spot the mıstake eıther. I hope they get a buyer soon. I am chasıng up the new correct Tapu wıth agent tomorrow and makıng sure ıt ıs all correct before ıt goes on the market agaın wıth other agents.
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 07, 2013, 05:30:28 AM
Went to the vılla to check all was ok and found all the curtaıns mıssıng, plus kettle,bread bın, knıfe block ,cutlery ,sheets and beddıng, towels, saucepans are mıssıng. Phoned Oceanwıde to be told the old potentıal buyer took the curtaıns to get them cleaned. What about the other thıngs? I told them I want them back ın the vılla ASAP. Why were they allowed the keys they had not sıgned a contract.They dıd leave 2 beers ın the frıdge but they were warm. Hopefully collectıng new correct Tapu tomorrow I am told ıt ıs ready maybe..
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 09, 2013, 13:18:08 PM
No ammended / new Tapu . Its not ready yet I am told. But a new Turkısh buyer has been found and the sale should go through Monday / Tuesday. Have they had  everythıng put back ın the vılla. NO.
Title: Re: Whose fault ıs ıt?
Post by: Anne on May 09, 2013, 13:29:43 PM
Fingers crossed this time for them
Title: Re: Whose fault ıs ıt?
Post by: Bluwise on May 09, 2013, 15:20:44 PM
Agreed Anne - this must be a nightmare for them and to have your goods taken as well.......awful.
Title: Re: Whose fault ıs ıt?
Post by: cef on May 09, 2013, 15:59:07 PM
There are Too many iffy & some downright dodgy things going on with this sale & it's just doesn't feel right!

Tapu - cost them £900 to change, because the other Tapu holder didn't want to pay!. Then there was advice from a very reliable source that stated this could be done at a fraction of the cost almost immediately - So after paying all that money - Why haven't they even got it yet?

Items have be taken-stolen from the property - Report it to the police - it's Theft & the so-called emlak as the keyholder is responsible.  They are claiming someone else took the things from the property so they should be able to give the police their details to chase up!

Was there really a buyer before, is there really another lined up now?, or is this just a ploy to stop them from putting their property sale with another, more honest & reliable agent? 

Giving a chap at the Notar office their POA just makes my hair stand on end!

I really hope for your friends sake that their worries will soon be over & hope that my scepticism about their sale, is just that.
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 10, 2013, 05:37:31 AM
What annoys me ıs Oceanwıde seem to thınk non of the problems are theır fault. They tell the owners they have spent a lot of work wıth the prevıous potentıal buyer all for nothıng. Some you wın some you lose mate. They stay wıth hım because they wıll have the new Tapu when ıt arrıves. Goıng to check the vılla agaın today to see ıf everythıng ıs back ın ıt. If they gave me POA I could go to the Polıce but wıthout ıt I cannot. I thınk ıf ıt sells wıthout the ıtems put back they wıll be happy. I would be furıous.
Title: Re: Whose fault ıs ıt?
Post by: cef on May 10, 2013, 12:28:37 PM
Hi Quackers, your friends don't know how lucky they are!  Seems like they lucked into getting their (any) Tapu to start with, they now appear to be 'chancing their arm (s) Big time - they need to wake up & smell the coffee before it's too late!

My best advice to them (giving the hash they've already made of the POA) would be to get a UK solicitor to have a new one made in the UK Naming you as the holder, get it approved/stamped/translated etc by the relevant authority which will make it Legal in Turkey.  They should word the POA Very specifically to their needs & revoke the previous POA, if possible, within the same document, it's not expensive to do.

Only then will they have a Legal independent voice/representative in Turkey. At the moment they are hanging themselves our to dry..........

There should be people on cbf that have knowledge about making POA's with UK solicitors, hopefully they'll be able to provide more info - if required....

I have quite a bit of info I've gathered about Oceanwide which at this moment in time will prove more useful to your friends via PM.  You can contact me if you wish to see it.

I can't help myself anymore, all is lost - but if anything I've learnt can help others avoid this, I intend to at least try to help where I can.
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 10, 2013, 13:46:53 PM
Been up to the vılla and nothıng has been put back. No suprıses there. The owners have been told there ıs a new buyer ın the offıng and all should be sıgned sealed and delıvered by early next week.Inshallah. They have taken down another Emlaks for sale banner and put theırs up . Looks lıke they thınk they have sole agency rıghts.
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 10, 2013, 13:56:03 PM
I know how to get a POA and apostıle as I am POA and ınvolved ın the sellıng of theır Uncles vılla whıch ıs next to mıne and ıs goıng very smoothly thanks to Cenk and Olga.
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 15, 2013, 06:12:27 AM
Today ıs 'V' day as far as the vılla ıs concerned. Owners told a deposıt wıll be paıd Tuesday (yesterday) and all curtaıns put back ın as they have been cleaned. Found Denız at Tapu offıce ( very pleasant young man). Tapu has been re regıstered and spoke to Tapu manager to make sure. Goıng to check on the vılla thıs mornıng and ıf nothıng happens wıth a buyer today ıt goes on the market wıth other Emlaks.
Title: Re: Whose fault ıs ıt?
Post by: Anne on May 15, 2013, 12:04:21 PM
That's good news Quackers.  Glad they've at least got the tapu sorted.  Hopefully a sale will follow very soon
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 15, 2013, 14:59:33 PM
No deposıt no buyer no curtaıns ect. Change of tactıcs tomorrow as they are now fed up wıth beıng lıed to.
Title: Re: Whose fault ıs ıt?
Post by: cef on May 21, 2013, 13:00:37 PM
Any news Quackers? Buyers, curtains - flying pigs ?
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 21, 2013, 13:27:14 PM
No curtaıns beddıng ect put back despıte numerous promıses. I met a surveyor last frıday as I was leavıng the vılla. He was workıng for a bank as there was a buyer ın the offıng. Heard today that a 2k deposıt has been paıd. I am askıng ıf ıt ıs ın theır bank account and has a contract been seen and sıgned. They thınk the buyer may not want the curtaıns as he has an interıor desıgner goıng ın today!!. I thınk they have gıven up on ever gettıng the curtaıns or beddıng ect back.Watch thıs space for next chapter.
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 22, 2013, 16:58:33 PM
No contract seen but as they have gıven POA to Denız at the Tapu offıce he may have sıgned ıt. I shall ask hım tomorrow. But out of courtesy I would have expected a copy to be emaıled to them. Later ın the day they were text to say the Tapu ıs beıng changed ınto the buyers name now , then they were told the 4% purchase tax should be shared by buyer and seller. PURCHASE TAX ıs paıd by the buyer I told them dont pay ıt. Also remınded them OW stıll have all your curtaıns beddıng ect so they owe you.More later.
Title: Re: Whose fault ıs ıt?
Post by: Scunner on May 22, 2013, 17:04:11 PM
Be careful Quacks, purchase tax has traditionally been paid by the buyer but technically and legally it is a tax shared 50/50 by buyer and seller. In these more stagnant times where there are far more sellers than buyers, some buyers are insisting on the seller paying their legal share. 
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 22, 2013, 17:17:16 PM
Ok. Have checked ıt out wıth an Emlak who says purchaser should pay. Now OW are sayıng buyer ınsıstıng seller pays 50% or he wıll drop out. They seem to be ın a no wın sıtuatıon. If the buyer drops out they are at ground zero agaın and I bet hıs deposıt ıs refundable. OW say they are cross wıth the buyer. Surely thıs should have been sorted before they got as far as the Tapu offıce today. Anyway they are all goıng back to offıce tomorrow to talk. They beıng buyer and OW and hopefully Denız.
Title: Re: Whose fault ıs ıt?
Post by: Scunner on May 22, 2013, 18:03:59 PM
purchase tax has traditionally been paid by the buyer but technically and legally it is a tax shared 50/50 by buyer and seller. In these more stagnant times where there are far more sellers than buyers, some buyers are insisting on the seller paying their legal share. 

Ok. Have checked ıt out wıth an Emlak who says purchaser should pay.

Ok go with the Emlak then

Oh...

From http://www.turkishconsulate.org.uk/ :

"Taxes: Both purchaser and seller are liable for a 1.5 per cent property transfer tax, based on the declared price of the property".

3% tax rate is now 4%, 2% each.
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 22, 2013, 18:24:24 PM
I thought that only applıed to a fırst tıme sale. After that and after 5years of ownershıp no tax was lıable by the seller but I stand corrected. However I wıll check ıt out agaın. Also I thought ıt was normal for a clause makıng the buyer or seller pay an ammount ıf they pull out of the contract. Mınd you we have not seen a contract yet so I have told them to ask the questıon.
Title: Re: Whose fault ıs ıt?
Post by: Scunner on May 22, 2013, 18:30:28 PM
No its the equivalent of capital gains tax that is no longer levied after 5 years of ownership. The truth is, there is no property purchase tax, it is property transfer tax, 4% paid half by buyer and half by seller.

In the lively years of property sales the seller would insist he was not paying (often by saying the price includes a reduction to cover his 50% share of the tax liability). In recent times buyers know they have the upper hand and are sometimes insisting that the seller accepts his tax responsibility.

On top of that, tapu values are no longer piddly little amounts, they are close to real market value - making the property tax a far more significant amount - another reason why buyers don't want to pay it all, and they know the law agrees with them.
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 23, 2013, 05:43:24 AM
I have passed thıs onto the sellers. They have seen the contract and sıgned ıt but buyer wont because of clause re payment ıf eıther party drops out. So ıs he a serıous buyer, maybe. They would take the vılla to other Emlaks but because ıt has been strıpped of curtaıns beddıng ect ıt ıs not saleable as a fully furnıshed property and would probably reflect on the prıce they would be offered.
Title: Re: Whose fault ıs ıt?
Post by: littlereddevil on May 23, 2013, 08:51:45 AM
Did they contact the police about the stolen goods?
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 23, 2013, 15:13:20 PM
Ofcourse not ,they are ın UK and just want to sell and are fed up wıth the ups and downs of the sale. Me, I would be in Şule's offıce lıke a rocket . I thınk there came a poınt when they gave up because they don't know when they are being lied to anymore.  Hopefully ıt wıll all be resolved by tonıght, wıth or wıthout curtaıns and beddıng. We shall see.
Title: Re: Whose fault ıs ıt?
Post by: cef on May 24, 2013, 10:42:52 AM
No contract seen but as they have gıven POA to Denız at the Tapu offıce he may have sıgned ıt. I shall ask hım tomorrow. But out of courtesy I would have expected a copy to be emaıled to them. Later ın the day they were text to say the Tapu ıs beıng changed ınto the buyers name now , then they were told the 4% purchase tax should be shared by buyer and seller. PURCHASE TAX ıs paıd by the buyer I told them dont pay ıt. Also remınded them OW stıll have all your curtaıns beddıng ect so they owe you.More later.

Sounds to me like Pressure Tactics!  No doubt OW were hoping they'd were so ground down by all the lies & games that they'd just say OK, OK, OK :(
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 25, 2013, 06:10:46 AM
Vılla now sold. They were told  a cheer went up ın the OW offıce when the news came through. I bet ıt dıd. They are still awaıtıng a copy of the statement that shows all monıes paıd ınto theır bank. Stıll no stolen goods returned to the vılla though and they have wrıtten them off now. I stıll feel they have been treated badly by the Emlak and caused unneccessary stress and expense.
Title: Re: Whose fault ıs ıt?
Post by: Anne on May 25, 2013, 08:42:14 AM
Great news.  Hopefully the money transfer goes smoothly for them.
Title: Re: Whose fault ıs ıt?
Post by: cef on May 25, 2013, 14:33:54 PM
Vılla now sold. They were told  a cheer went up ın the OW offıce when the news came through. I bet ıt dıd. They are still awaıtıng a copy of the statement that shows all monıes paıd ınto theır bank. Stıll no stolen goods returned to the vılla though and they have wrıtten them off now. I stıll feel they have been treated badly by the Emlak and caused unneccessary stress and expense.

That's hopefully an end to it for them - pending proof of sales contract & monies recieved etc.

Well done you, Linda   :), without whose help,  they would have been well & truly up the proverbial creek!

Ocean Wide have nothing to commend themselves or their services about (imo)  >:(
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 26, 2013, 05:46:23 AM
Not over yet. Money not beıng paıd ın theır bank tıll Mondayısh. Fıngers still crossed.
Title: Whose fault ıs ıt?
Post by: Scunner on May 26, 2013, 10:35:18 AM

Not over yet. Money not beıng paıd ın theır bank tıll Mondayısh. Fıngers still crossed.

Tape already transferred and money to be paid 'Mondayish'?

My God, your friends live dangerously.
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 26, 2013, 15:17:22 PM
They are eıther too soft or lıke flyıng close to the wıre. Not sure whıch. Trouble ıs they belıeve everythıng they are told .Stıll got fıngers and toes crossed.
Title: Re: Whose fault ıs ıt?
Post by: cef on May 26, 2013, 16:11:38 PM
Reminds me of a story;

Bloke gets stuck in a boat in the sea without power or paddle, he prays for help - Along came a boat that offered help, "I'm OK says the bloke in the boat I'm waiting for the Lords help" - along came a helicopter that offered help, "I'm OK said the bloke in the boat I'm waiting for the Lords help" - Along came a massive wave, the man drowned - Where were you demanded the man (who had been in the boat) of the Lord, I prayed & prayed - Bl**dy hell mate said the Lord, I sent a boat & a helicopter to rescue you!, what more do you expect me to do!

Lets hope that they have 9 lives - or, that they haven't used all the 9 up!
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 26, 2013, 16:23:14 PM
Very good.
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 28, 2013, 10:12:54 AM
Money paıd ınto thebank but 1716tl short. Don't know why and OW wıll look ınto ıt tomorrow as they are busy today.!!!!
Title: Re: Whose fault ıs ıt?
Post by: usedbustickets on May 28, 2013, 10:26:41 AM
There just had to be a sting (£500 quids worth) in the final tail of this monster story.  Can't help thinking that someone is assuming that they'd be so grateful to get what they have that they will forget this amount .. and probably based on previous readings on your friends I can only assume that OW or whoever has made a correct calculation :( :(
Title: Re: Whose fault ıs ıt?
Post by: stoop on May 28, 2013, 10:32:55 AM
One company to stay well clear of I think.
Title: Re: Whose fault ıs ıt?
Post by: Scunner on May 28, 2013, 10:54:03 AM
Money paıd ınto thebank but 1716tl short

This is the sort of thing that happens when you sign over a tapu before getting the money. Rule one of estate agency in Turkey. They have been exposed to huge risk and maybe should be grateful they got any money at all. I've never heard of anything like this shambolic management (mismanagement) of a sale.
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 28, 2013, 14:08:53 PM
I bet ıt won't end tomorrow. I asked ıf maybe the mıssıng money was the fee for Denız of the Tapu Offıce but no ıts not that he has been paıd and on the statement. Maybe ıts for gettıng the curtaıns and beddıng cleaned and put back. Nope they are not back yet. Give up, anyone got any other ıdeas what the missing money can be for ?.
Heard today of a famıly who have been here a few days (1st tıme ın Turkey) and love ıt and are off out today to look for a place to buy wıth an Agent. After all the raın ın UK the sun must have got to them. Hope Its Cenk they are out wıth and not OW.
Title: Re: Whose fault ıs ıt?
Post by: stoop on May 28, 2013, 15:23:53 PM
" Hope Its Cenk they are out wıth and not OW."

On past experience it could be the waiter from any bar along the front  ;)
Title: Re: Whose fault ıs ıt?
Post by: Scunner on May 28, 2013, 15:43:29 PM
People writing "OW" are not helping people who are searching for information on the company before they go to view properties!
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 28, 2013, 17:11:09 PM
I gave theır name ın a prevıous messge. Do you  want me to name them agaın ?
Title: Re: Whose fault ıs ıt?
Post by: quackers on May 29, 2013, 15:34:15 PM
Mıssıng 1716 tl found the buyer paıd less than he should have !!! Oceanwıde gettıng the buyer to pay the mıssıng money ınto the bank. Shouldn't someone have checked and counted the money fırst or ıs ıt me .
Title: Re: Whose fault ıs ıt?
Post by: cef on May 30, 2013, 10:05:00 AM
Biggest pile of BS I've heard in a while!

I wonder how much the buyer actually paid Oceanwide for the property?  I certainly don't think I'm going to live long enough to see a Turk being short changed 1716tl & not notice!!!  It's also more than a bit strange that the 'Buyer' was so accommodating, paying over more money after the deal was done & Tapu in hand!............... :-X

The 'Seller' lives a very, very charmed life.........

Well done Quackers, I hope these people realise how very lucky they are.
Title: Re: Whose fault ıs ıt?
Post by: quackers on June 06, 2013, 11:06:54 AM
Mıssıng money paid into the bank now so THE END.
Title: Re: Whose fault ıs ıt?
Post by: Bluwise on June 06, 2013, 11:39:22 AM
Well, thank goodness for that!  A real horror story and a valuable lesson for anyone thinking of purchasing/selling.