2 |
HOW
TO CONTACT RELEVANT PROFESSIONALS? |
2.1 |
Types of properties, finding property, contacting
real estate agents |
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2.1.1 |
Freehold
or leasehold? |
In general, properties
in Turkey are of Freehold type.
Property prices
have been steadily increasing. You can find a real estate
from £ 20,000 up to a couple of hundred thousand
GBPs. The price depends on the location of the property,
the quality of the material used in construction, architectural
features of the property, ease of transportation, economic
activities in the region, and availability of nearby
services etc.
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2.1.3 |
Types of residential buildings |
There is a wide
range of options such as detached, semi-detached and
terraced houses, purpose-built flats, cottages and luxury
villas. Quality residential buildings are available
everywhere in Turkey .
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2.1.4 |
How to find a property? |
For resale and new build properties
please click
here to see our
off-plan
portfolio you can visit
bodrumoffplan.com
|
2.1.5 |
How to contact real estate agencies? |
You can
contact us though email,
phone or our internet sites. For more please visit
contact us section in our
website.
However,
you can find hundreds of real estate agents' web-pages
in English if you search for “real estate agents Turkey
” by means of any search engines such as
www.google.com,
www.msn.com
and
www.yahoo.com
etc.
2.2 |
Are
you advised to hire a solicitor? |
It
is not compulsory to hire a solicitor. However, since
there are lots of transactions for buying a property
and some steps are very important, a careful consumer
will consult a solicitor who can provide legal and financial
advice about all issues including a power of attorney.
Please
note that solicitors are privileged professionals to
gather any information on
-
Property official
records at TAPU offices,
-
Company registration
records at Chambers of Commerce
-
Financial viability
of a company
-
How to find
out who owns a property
- Whether
a property had been built properly and all relevant
licenses had been gathered
Furthermore, you
may not need a translator if you are using a good English-speaking
solicitor.
Moreover, a good
solicitor can do all search and checks well for you
to secure your rights.
In addition, please
bear in mind that an authorized solicitor cannot breach
the laws and regulations. Otherwise, the Barr he has
been registered with abolishes his license and afterwards
he can never work as a solicitor.
2.3 |
How
to contact Turkish solicitors who speak English? |
Law offices and
legal partnerships in Turkey provide interested parties
with good and comparatively much cheaper legal services.
Furthermore, you
can contact lawyers who work independently or
Churchills Turkish Homes can assist you during this
process. The following
web pages and the foreign missions in Turkey provide
the lists of English-speaking independent Turkish solicitors:
www.britishembassy.gov.uk
,
ankara.usembassy.gov/list_of_attorneys.html,
British
Missions in Turkey

Please
note that you can double check whether the solicitor
you are using is an authorised solicitor at
www.barobirlik.org.tr/kimlik/index.aspx.
When you visit the said web-page, you will see the following
window:
Barosu |
|
Adi |
|
Soyadi |
|
Sicil No |
|
Ara |
|
|
|
Where
Barosu:
|
the
Barr with which the solicitor is registered |
Adi*: |
the first
name of the solicitor |
Soyadi*: |
the surname
of the solicitor |
Sicil No**: |
the registry
number of the solicitor |
Data
entry for (*) or (**) is sufficient to do the search.
Please note that this search engine is sensitive to
Turkish characters i, ü, ö, s, ç, g.
All you need to do is to input the
relevant information and then to click on ‘ARA’
which means ‘SEARCH’. After taking the above
steps, a new window will emerge just on the right to
the above one. When you double click the name appearing
in this new window, you will be able to see the contact
and registry information of the solicitor.
2.4 |
How
to contact other English speaking professionals? |
So
as to get information on other English speaking professionals,
you can contact The Turkish British Chamber of Commerce
and Industry via
www.tbcci.org
and you can get hundreds of company names from this
organisation.
2.5 |
Can
you assign someone for your all transactions?
Power of Attorney |
|
2.5.1 |
Delegation
of authority |
There
are several steps to be followed in buying a property.
That's why it is suggested that you appoint someone
or an agent to deal with all necessary transactions
by means of a legal document called “Power of Attorney”
for buying property. This should be done in the presence
of a Notary-Public.
A
Principal (the person who delegates his authority) can
give an Agent broad legal authority, or very limited
authority. The Power of Attorney is frequently used
to help in the event of a Principal's illness or disability
or in legal transactions where the principal cannot
be present to sign necessary legal documents.
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2.5.2 |
Suggested
duration for a Power of Attorney |
Under
what conditions and how long a Power of Attorney shall
be in force and end should be clearly defined.
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2.5.3 |
What
can be delegated? |
A
Power of Attorney can be used to make an Agent
-
Buy, sell or
rent out your property,
-
Manage your property,
-
Conduct your
banking transactions,
-
Invest or make
use of your money on behalf you,
-
Make legal claims
and conduct litigation or
-
Carry out tax
matters.
The
conditions such as the duration of validity, actions
that the agent can take and cannot take etc. should
be stated clearly in those documents.
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2.5.4 |
Who
should be appointed? |
The
candidate agent should be researched well. If he/she
is a solicitor, it might be useful to cross check whether
he/she is a member of the local Lawyers' Barr Association.
Or, if you find someone from other professions, you
can ask for CV and a professional reference letter.
Please
note that without a trustworthy Agent, a Power of Attorney
becomes a dangerous legal instrument.
You
may appoint multiple Agents. If you appoint two or more
Agents, you must decide whether they must act together
in making decisions involving your affairs, or whether
each can act separately. Allowing your Agents to act
separately may ensure that an Agent is always available
to act for you. But it may also result in confusion
and disagreements if the Agents do not communicate with
each other.
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2.5.5 |
Agents’
responsibilities |
The
Agent appointed by means of a Power of Attorney is your
representative. As long as you have the legal capacity
to make decisions, you can direct your Agent to behave
the way you wish.
The
Agent is obliged to act for the sake of your interests
and is supposed to avoid any "self-dealing".
Money
should be kept in a separate bank account for the benefit
of the Principal. Agents must also keep accurate financial
records of their activities, and provide complete and
periodic accountings for all money and property coming
into your possession.
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2.5.6 |
Abuse
of a power of attorney or frauds |
A
Power of Attorney can be abused, and a dishonest Agent
may use a Power of Attorney to transfer your assets
to himself. That is why, it is very important to appoint
an Agent who is completely trustworthy and to require
the Agent to provide you with complete and periodic
reports.
If
your agent is a professional accredited by an occupational
association, you should complain about him/her against
that association in case of an abuse.
Please
also note that you can apply to public attorneys in
local justice courts (‘Adliye Sarayi’ in
Turkish.) and complain about any abuse or fraud if you
are able to document the case.
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2.5.7 |
Monitoring
the actions of an Agent |
Monitoring
the actions of your agent is your own responsibility.
It is therefore very important that your Agent keeps
accurate records of all transactions on behalf of you.
|
2.5.8 |
Abolishment
of Power of Attorney |
You
may cancel the Power of Attorney at any time. In that
case, you should send a written notice to your Agent
and say that you are revoking the Power of Attorney.
Do not forget to request the return of all copies of
your Power of Attorney. You should also notify your
bank or other financial institutions where your Agent
is likely to use the Power of Attorney that it is no
longer valid.
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2.5.9 |
Can
you have a Power of Attorney prepared in UK? |
You
don't have to go to Turkey to prepare a Power of Attorney.
You can have it prepared in UK. In that case, please
make sure that it is legalised so that it can be ‘an
acceptable/valid document' in Turkey.
|
2.5.10 |
How
to legalize your documents prepared in UK? |
Legalization
simply means confirming that a signature, seal or stamp
appearing on a document is genuine. The signatures or
seals of British public officials such as solicitors,
notaries public, registrars on certain documents from
the United Kingdom have to be confirmed before those
documents can be accepted in Turkey.
On
the other hand, many types of documents can be
apostilled
by the Foreign and Commonwealth Office (www.fco.gov.uk/legalisation)
and are exempt from certification by the Consulate General.
For
further information on ‘legalization’,
please visit the web page of the
Turkish
Consulate General in London.
2.6 |
Use
of institutional expertise: Real Estate Investment
Trusts |
Real
Estate Investment Trust Funds are one of the institutions
which have the most expertise in assessing the real
estate issues. You can invest in either those funds
or the projects they developed.
Real
estate investment trusts (REIT) are capital market institutions
established which manage portfolios composed of real
estates, capital market instruments, capital market
instruments backed with real estate and real estate
development projects. Similar to other financial investment
trusts, they are established in the form of joint-stock
corporations and they are legal entities. Their capital
is registered and they issue shares. Their shares have
to be issued in return for cash and quoted, traded and
priced at a stock exchange. REIT's are exempt from the
Corporation Tax which is quite an important incentive
for their development.
The Association of Real Estate Investment Companies
(GYODER)
holds real estate summits since 2000. The
fifth
Real Estate Summit was held at Ciragan Palace in
Istanbul on 9-10 May 2005, with increasing interest.
The next summit will be held in Istanbul on 2-3 May
2006.
For
further information on the system of REITs, please have
a look at
The
web addresses of the REITs in Turkey are presented below.
2.7 |
Are
there any (universal) mortgage companies in Turkey? |
Currently,
there are no (universal) mortgage companies in Turkey
. However, the Mortgage bill is being reviewed by the
Parliament and is expected to be enacted this year.
2.8 |
Translation
professionals |
You
are strongly advised to have the contracts you are to
sign with a seller
If
you have difficulty in finding a local sworn-translator,
you can ask a notary-public to give you a list of translation
professionals they use.
2.9 |
Real
Estate Appraisal Companies |
The Appraisal Companies
are professional institutions which employ appraisers
to determine values of real estates by gathering, analyzing,
and applying relevant information with respect to the
general accepted international principles of valuation.
These companies are regulated and supervised by the
Capital Markets Board of Turkey.
Please visit the
web page of
Capital
Markets Board to gather the list of those companies.
2.10 |
How
to find financial resources to buy property in
Turkey? |
In order
to buy a property in Turkey, you can re-mortgage your
property in the UK. In addition, if you can provide
Turkish financial organizations with acceptable
financial guarantees such as a bank guarantee letter,
etc those institutions can supply you with a long-term
loan. However, please note that in case you have a
financial trouble in paying back the loan, the relevant
company may confiscate the property on finance.
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