Author Topic: Tapus Suspended May 2012  (Read 8836 times)

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Offline cef

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Re: Tapus Suspended May 2012
« Reply #20 on: July 21, 2012, 12:00:50 PM »
I was under the impression that one of the main parts of the proposed new law was to make it easier for a foreigner to buy, at least for the countries that form part of the 'reciprocal agreement'.  It has been widely reported that Turkey was ending 'Military Searches' altogether, thereby making the buying process fairer, shorter & not least Safer.

A lot of the problems (when they happen) seem to start at the time purchasers are waiting for the military search to come back, ie: transferring into anothers name, re-selling to another, adding debts, motgages etc onto the already paid for property   >:(

The only other way to avoid 'these problems' is to have a 'charge/lien' registered on the property.  This has to have the agreement of both buyer & seller & of course involves an extra cost.

Lord! if I'd only known this 8 years ago......................  :(



Offline Stressed Eric

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Re: Tapus Suspended May 2012
« Reply #21 on: July 25, 2012, 07:01:24 AM »
All very frustrating. We found a buyer for our apartment in April and are still waiting to complete, and even more frustrating we have friends waiting to move back to the UK and can't complete on the sale of their home, causing so much stress for them. Does anyone have any advise as to whether there is a legal way to protect both buy and seller whereby keys could be handed over and money exchanged with the tapu coming as and when. I read somewhere about an Ipoteck (legal document) or something like that, that might allow this to be possible ???

Offline Scunner

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Re: Tapus Suspended May 2012
« Reply #22 on: July 25, 2012, 09:55:05 AM »
Contractual agreements between a buyer and seller all rest on all parties trusting each other - which if they do, really makes the agreement a bit pointless (i.e. if everyone trusts each other, take an agreed interim payment and give them the keys - with agreement to sign the tapu over without delay when it is possible to again). If, at a later stage there is a problem it will be a long and frustrating court case ahead. The best suggestion (of a bad lot) would be to appoint a solicitor to take the property into their name with agreement that the purchaser can have the keys now, and the solicitor will sign the tapu over when that can be done (and the seller has received the outstanding money of course).

The drawback of that is that the solicitor becomes an owner in the mean time, so there would be another lump of purchase tax and other costs to pay - but at least it is an option to get you through this difficult time.

Offline Stressed Eric

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Re: Tapus Suspended May 2012
« Reply #23 on: July 25, 2012, 10:28:26 AM »
Thanks Scunner...just weighing up options at the moment as hearing rumours it could go on a few months yet.

Offline Scunner

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Re: Tapus Suspended May 2012
« Reply #24 on: July 25, 2012, 10:43:27 AM »
I was told two weeks when it was first announced so any and all rumours are possible!

Personally I would suggest making an agreement (using a solicitor) that you will, for a payment of 50% of whatever is outstanding, give the keys to your purchaser for them to get on with their lives and when this is all sorted, you will sign over the tapu without unnecessary delay on receipt of the other 50%. Not very "assured" but if both parties are keen to move on it does allow that. There is very little to be gained by either party deviating from that plan, assuming you are keen to sell and they are keen to buy  :)

Offline Stressed Eric

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Re: Tapus Suspended May 2012
« Reply #25 on: July 27, 2012, 12:13:56 PM »
thanks for the suggestion. Could be an option for us.

Offline cenk

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Re: Tapus Suspended May 2012
« Reply #26 on: July 27, 2012, 13:28:57 PM »
Sabah newspaper published the list of nationalies who can buy property in Turkey. As were told before, nothing changed for the ones who can already buy. New nationalities are added  to the list. Waiting for the approval of council of ministers.




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