When or When Not to use a Solicitor for Property Matters in Turkey

25.11.18 01:56 PM
Do I need a solicitor to buy property in Turkey?

For assistance and managing conveyancing and general real estate related matters in Turkey, appointing a solicitor in most often preferable, to receive the independent professional advice necessary to protect your interests. That first step, of acknowledging the need for protecting one’s interests, is a key aspect of successfully managing your investment interests and assets.

As one becomes more experienced with different matters and attorneys, quite quickly the realisation emerges that it is not essential for an attorney, or advocate, to do certain things: any one may do them. This is especially true of the many, many procedural matters at notaries, the land registry, the tax office, the local ‘belediye’ municipality.  And in most cases an attorney will not do these things themselves, but will delegate the work to a member of service staff, or an outside practionier- notary, interpreter, clerk, council worker, etc… 

 

The point is that one needn’t appoint an attorney to provide ‘blanket coverage’ of providing a fully inclusive service, especially for a conveyancing and one needn’t incur the costs that this involves. Attorneys are legal advisers and as such their services should be managed specifically for those aspects of matter requiring specific legal advice or specific legal action. Many times appointing an attorney for dealing with an issue is entirely inappropriate because in the law there are no grounds for an attorney’s intervention to result in a particular outcome. 

 

So the solution is to obtain more information about an issue, preferably from local Turkish persons that have some experience in a specific matter, but are not attorneys, and most likely they will suggest a simpler and more cost effective way to deal with a matter. In this way one builds social capital with the local community, and so this is always the best and preferred first step to try, along the way to finding a solution. However, it is not always the case this approach will provide sufficient clarity or results, and so an alternative ‘back-up’ is to request advicefrom experienced practitioners at mytapu.com , and obtain some initial free advice, which at some point will run into ‘paid advice, obviously, because they are not a public service agency…

 

Seeking advice from other non-locals and foreigners, is not recommended or advisable, as in most cases the knowledge they have is not accurate, simply because they have limited repeat experience, and obtaining clarity with full understanding during one or two episodes of dealing with a matter, is often unexpectedly difficult… Certainly, it is never a sensible idea to rely on any information received from an on-line forum populated with foreigners… The best to be expected is that the gracious person wishing to help are themselves misinformed, and worse, there are more devious types that intentionally provide misinformation for their own schemes and purposes…

 

Regrettably, as the experience of far too many foreign real estate buyers has shown repeatedly and consistently for more than 10 years, too often the solicitors appointed, particularly in small coastal towns, often have ‘conflicts of interests’ that they will not acknowledge, even when questioned. And quite often, they may find their independent advice prejudiced by having someone in the local town coming and having ‘a word’ with them, in the interests of some other party, thus prejudicing the interests of the client. Facts of life, and the reality we deal with, day to day… For these reasons, it is often more sensible to appoint an attorney from a distant town, without relations to the specific developer or other counter-parties, as one precautionary measure.

 

Yes there is a time and place where a solicitors services are essential and required. Knowing when, why an how is information obtainable from mytapu.com, often with references regarding solicitors, good and bad, having experienced the services of more than 67 solicitors in Istanbul Ankara and all up and down the Turkish coast, over the previous twenty five years.



At mytapu.com our policy is to ensure our clients are fully informed, so that they may make fully informed decisions- this helps to ensure better outcomes all around. 



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