Buying property in Turkey is an exciting step — whether you are relocating permanently, purchasing a holiday home, or adding to an investment portfolio. But the purchase agreement, which in Turkish real estate is the binding foundation of every transaction, hides a surprising number of landmines that even experienced buyers overlook. Over 14 years of working in real estate across İzmir and Yalova, I have seen buyers lose earnest money, inherit significant debts, and spend years in court — all because of clauses they did not check, or did not know to ask about. This guide covers the five most consequential contract issues I see regularly when helping international clients buy property in Turkey.
1. Mortgage and Encumbrances on the Title Deed
The title deed — known in Turkey as the tapu — is the definitive record of property ownership and any legal claims attached to it. Before you sign anything, the title registry (Tapu Sicil Müdürlüğü) must be queried to confirm there are no outstanding mortgages, liens, court injunctions, or third-party claims registered against the property.
This sounds obvious, yet in practice many buyers skip this step or rely on the seller's word. Sellers are not always forthcoming about an existing bank loan secured against the property. Once the sale is completed and the title transfers to your name, existing encumbrances do not simply disappear — they follow the asset. Inheriting an undisclosed mortgage is a legal and financial headache that can take months to resolve.
The fix is straightforward: demand a clean title certificate in writing as a condition of the sale. Any encumbrances must be formally discharged before the title transfer date. Your purchase agreement should state explicitly that the property will be delivered free and clear of all registered claims.
2. Condominium Easement vs. Condominium Ownership (Kat İrtifakı vs. Kat Mülkiyeti)
This distinction matters enormously for foreign buyers of apartments in Turkey, yet it is rarely explained clearly. A kat irtifakı — often translated as a condominium easement or construction easement — is issued during the construction phase of a building. It gives you a legal interest in the land and the future structure, but the building does not yet have an official occupancy permit.
A kat mülkiyeti, or condominium ownership title, is issued after the building passes all inspections and the municipality grants an occupancy permit (iskan). This is the title you actually want. Without it, you may face difficulties connecting utilities, obtaining a mortgage, or reselling the property in the future. Some buildings in Turkey have remained on kat irtifakı status for years because the developer never completed the formal occupancy process.
When buying any apartment in Turkey, particularly new-builds or recently converted buildings, confirm whether the title is kat mülkiyeti. If it is still kat irtifakı, make the conversion to kat mülkiyeti a contractual condition of the sale, with a clear completion deadline.
3. Outstanding Service Charges (Aidat Debts)
In Turkish residential complexes, apartment owners pay monthly maintenance fees — aidat — that cover communal expenses such as cleaning, security, landscaping, and building insurance. Turkish law is clear on this point: unpaid aidat debts are attached to the property, not the person. When you take ownership of the title, any arrears automatically become your liability.
Sellers who are behind on their aidat payments are not legally required to disclose this proactively. I have seen buyers inherit aidat debts running to tens of thousands of Turkish lira, only discovering the situation when the building management committee sent its first invoice after the sale was completed.
The solution is simple but must be written into the contract. Add an explicit clause stating that the seller is solely responsible for all service charge arrears accumulated up to and including the transfer date, and that you as the buyer will receive written confirmation from the building management committee that the account is clear before the final title transfer takes place. Do not accept verbal reassurances.
4. Delivery Date and Penalty Clause for Off-Plan Properties
Off-plan real estate in Turkey — known as proje purchases — can offer attractive pricing, but they carry a risk that too many contracts fail to address properly: delays. Construction timelines slip. Developers face supply chain issues, labour shortages, and permit complications. Without a robust penalty clause in your purchase agreement, you have very little leverage when delivery is postponed.
Every off-plan purchase agreement must include an exact delivery date, not a vague phrase such as "approximately 18 months from signing." It must also specify a daily or monthly financial penalty payable by the developer for every day of delay beyond the agreed date. This penalty should be meaningful enough to incentivise the developer — a nominal figure provides no real protection.
Additionally, check whether the contract defines what "delivery" actually means. Does it mean the keys handed over, or the occupancy permit granted? These can be different dates, and the distinction matters when calculating penalty periods.
5. Withdrawal Terms and Earnest Money
Almost all property purchases in Turkey involve an kapora — an earnest money deposit paid at the time of signing the preliminary purchase agreement. The standard legal framework is well established: if the buyer withdraws from the deal without justification, they forfeit the deposit. If the seller withdraws, they are obliged to return double the deposit amount to the buyer.
Problems arise when the contract language is imprecise. Buyers sometimes sign agreements where the withdrawal terms are written ambiguously, leaving room for the seller to argue that certain circumstances constitute "justified" withdrawal without penalty. Sellers occasionally include clauses that cap their liability at a single return of the deposit even in cases where they are clearly at fault.
Read the withdrawal terms carefully. If the standard double-return obligation for seller withdrawal is absent or diluted, negotiate to restore it. Also clarify what events constitute valid grounds for buyer withdrawal without penalty — for example, if the seller fails to clear an encumbrance within the agreed period, the buyer should be entitled to withdraw and recover their deposit in full.
As a real estate consultant based in İzmir with 14 years of experience, I work extensively with international buyers navigating the Turkish property market. I speak English and Russian in addition to Turkish, and I regularly review purchase agreements for clients before signing. If you are planning to buy property in Turkey and would like a contract review or guidance on any of the points above, reach out via WhatsApp or email — details are in the sidebar.