Foreign buyers of Turkish properties often find themselves in a situation where what they thought they agreed to acquire is not what they are getting. In cases where the matter is not amicably resolved with the Turkish seller or developer, what alternatives are available?
Fortunately, legal action to reclaim pre-paid reservation deposits or off-plan deposits is not a fruitless course of action. In fact, it can be relatively cost-effective and swift, in comparison to other legal jurisdictions, such as the U.K. However, there are two caveats.
First, much depends on the specific details of the situation- which means that every case is different. Beware of general statements such as ‘ your funds can be reclaimed and returned’. Yes it is possible, and our team of legal experts have been doing so continuously for years for our foreign clients, but the devil is in the detail. And it is those details that are essential to executing the litigation and enforcement procedures in an efficient and cost effective manner. So be prepared to focus on dealing with the detailed documentary evidence required, and our legal experts at mytapu.com will be happy to do the rest.
Second, not all legal advisors are the same. Importantly, it is often essential to use legal advisors that are not in, or near, the specific town or area where the property and dispute are located. This is because quite often and typically, the local advisers come under the influence of the counterparty that a foreign buyer comes into dispute with. This is normal in the sense that locally, the legal advisers live and work in the same community, and may have previous and ongoing work together with the local constructors, agents and developers, which creates a conflict of interest.
With those two basic guidelines to remember, a foreign purchaser of Turkish property should not hesitate to proceed in obtaining legal advice for the return of reservation deposits, off-plan stage payments, or ensuring the selling counterparty in Turkey complies with the terms of the deal agreed between them.
The final point- do not wait- time works against you, and usually obscures and complicates the case with the more time that has passed.
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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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