Introduction:
Selling property in Turkey is very safe and straightforward. Below is an overview of the selling process:

1. Market research:
Before you do anything, check out the market.  Unless you’re forced to sell, steer clear of slumps when prices are depressed and perhaps consider letting out long-term until the market recovers as an alternative.

2. Preparing for sale:
It is worth doing some research through consulting with local agents to get advice on how to prepare your home to increase its attractiveness to prospective buyers.  It’s vital to consider what will appeal to local buyers.

3. Marketing your property:
Once you have decided it’s the right time to sell and are confident your property is in a condition which will appeal to prospective buyers, you are ready to go to market.  The normal means of marketing a property in Turkey is via an estate agent who can also value your property. 

If you used an agent to buy your Turkey home, it could make sense to use the same one to sell it, as they will already know the property.  Before you take on their services, you should check carefully what they will and will not do in terms of marketing and what they will charge as commission – make sure you shop around to get the best service!

However, it’s increasingly easy these days to sell without using an agent.  There are an increasing number of specialist websites and magazines advertising property for sale in Turkey.  The key advantage here is avoiding the high estate agents’ fees.  You will need to do your research to get the price right.  Just looking at the adverts will not be enough.  You will need to get out and see comparable properties in your area and check out their facilities.  Alternatively, you could try to sell your property at auction.

When you come to sell your property there are two main avenues open to you, each with their own nuances. The first option is only available for purchasers of off plan property.

4. Selling before Completion
This option incurs the lowest legal fees and also the lowest level of costs in general. If you are successful in selling your property before completion, you do not need to take ownership of the property in the eyes of the land registry.

As such, any buyer buying from you before you complete will be liable for your final completion payment for the property and also any associated taxes and legal fees due on completion. The expenses you are likely to occur are legal fees, which depending on the method employed for the transaction could vary around the level of £500. You may not be liable for any income tax / CGT in Turkey; however, your UK liability will remain.

It is important to note however, that this method does also have several disadvantages. If you do not complete on the property in terms of both payment and title, you are still effectively selling an off plan property, which commonly will not attract the same value as its completed equivalent. Secondly, it is possible that choosing to sell your contract can narrow your audience, as buying off plan is perceived as a higher risk.

5. Selling after Completion
This option means that you will need to complete on your property, which will involve making your final payment for the property and also the associated costs and taxes involved in completion.

Although selling after completion will incur the full level of purchase and legal costs, it has several advantages. Firstly, a completed property is likely to attract a higher value than that of a property sold off plan. Secondly, a completed property is likely to attract a wider audience, including people who do not have the confidence to purchase off plan. Finally, completing on your property gives you the option to hold the property and prospect for further growth.

6. The Preliminary Contract
Your solicitor will prepare a preliminary contract of sale soon after the reservation. This will contain details of the agreed sale price and all checks, searches and conditions which must be satisfied for the sale to proceed.

You will have to pay a deposit of around 10% at this point, which is non-returnable unless any of the terms and conditions of the contract fails to be met. Similarly, the seller will also be unable to withdraw from this point onwards without compensating you by returning your deposit. By this time, your solicitor should have confirmed that there are no outstanding tax bills, debts or other charges on the property.

7. Transferring ownership – the TAPU
Both buyer & seller (or their legally authorised agents) apply to the TAPU Office for transferring the ownership.

The TAPU is an official confirmation that you are the owner of the Property. For foreigners who want to buy a Property, the waiting period for obtaining this document is about 2-3 months.

First it goes to a regional Tapu office then to a Military Head office in Izmir to check that the Property is not in a Military Zone. This is just a formality. When everything is approved it takes just one day to complete. You then go to the Tapu office with a translator to sign the appropriate documents.

All the necessary formalities regarding obtaining the TAPU on your Property will be completed within few hours. The TAPU on the Property will be changed into your name and from that day forth the Property and Land stated is solely owned by you.

Documents required
During the application for buying property in Turkey, the buyer(s) are to provide the local TAPU Office with the following documents:

• Title Deed or a document indicating the property’s exact location (plot or parcel number etc.)
• Passport and/or ID Card of the buyer,
• Two recent passport size (4cm x 6cm) photos of the buyer,

And, if any agent is being used when buying property in Turkey:

• Passport and/or ID Card of the agent,
• Two recent passport photos of the agent,
• An acceptable Power of Attorney (if being used)

Selling property in Turkey: Legal FAQ

What are the minimum formalities for the sale and purchase of real estate?
Sale and purchase transactions for real estate must be executed before the Land Registry. Therefore, the seller or buyer (or their attorneys) should be present at the Land Registry with the following documents:

• For legal entities, a signature circular for the company and Passports or ID of the authorised person signing the documents.
  
  
• For natural persons, passports or ID of the buyer and seller, if the above are executed under a power of attorney, the passport or ID for such attorney in fact would also be required.
  
  
• Passport size photographs of buyer and seller or, for legal entities, the authorised person signing the documents.
  
  
• For legal entities, a document authorising the company through its representative to enter into such real estate transaction.
  
  
• A document issued by the tax authority showing the tax ID numbers of the buyer and seller.

Is the seller under a duty of disclosure?  What matters must be disclosed?
Under the Turkish Code of Obligations, the seller is liable for:

(a) Matters which may affect the value or efficiency of property (this will be determined in accordance with its intended use).

(b) For the absence or defectiveness of the quality or feature of the property which is mentioned to the buyer.

The seller is not liable for the matters registered in the Land Registry at the time of the sale. 

Can the seller be liable to the buyer for misrepresentation?
Yes, so the seller should be as thorough and accurate as possible when it comes to a describing the property. 

Does the seller warrant its ownership in any way? 
As a matter of Turkish law, a seller of a land plot warrants ownership and if this turns out not to be true, the purchaser has a right of claim against the seller. 

Ownership rights of the bona fide purchaser (or rights of any other person who acquires a right over real estate) are protected against third party claims if the transaction is executed before the Land Registry. Additionally, the State is liable to properly keep and maintain the Land Registry and has certain liabilities if it incorrectly registers ownership.

What are the liabilities of the buyer in addition to paying the sale price?
In addition to payment of the sale price, the buyer is obligated to accept the delivery of the real estate.