Either choice, whether a Turkish solicitor at a UK based firm, or a solicitor based in Turkey, does not resolve an important conundrum. Turkish solicitors do not have experience of managing risks in the UK like a UK conveyancer or solicitor because they are not licensed to practice in the UK, and thus they do not have the experience of knowing what a UK conveyancing entails- do they have a UK conveyancing license? UK solicitors are not licensed to practice in Turkey and thus do not have the experience or knowledge of dealing with Turkish cadastral property regime, and thus are in no position to manage the conveyancing risks for property transactions in Turkey.
Underlying this conundrum is that the cadstral real property regime in the UK and in Turkey are completely different. Yes – completely different. Where as the UK system has commonalities with other anglo-saxon and common law countries such as the US and Australia etc, from the days of the British empire, the Turkish system originates from foundations established in Ottoman times and has commonalities with countries such as Greece and Bulgaria from the days of the Ottoman empire.
These circumstances explain best why the present situation related to conveyancing for foreign property transactions, is so rife with malpractice. The good news is, that this is completely unnecessary and arises only because matters are a bit complex to communicate. The reality in practice is, that if foreigners know and do the simple things Turks know and do, the procedural regime in Turkey has built-in layers of protection for their benefit. The misleading practices and misinformation provided by estate agents and developers dealing with foreigners in ways different from dealing with Turks, like requiring ‘reservation deposits’, is the root cause of so many problems, that negate these built-in protections.
Is it necessary to use a solicitor to benefit from these protections? Absolutely not… the Turkish system is designed to protect both the buyer and the seller, and does so perfectly adequately- assuming some simple basic local know-how. Unfortunately this know-how is concealed by the subterfuge of agents, in their quest to prioritise their commission capture.
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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