Buying property in Turkey is a major and responsible decision. The process doesn’t always go smoothly — especially when foreign buyers act on their own. One common issue when purchasing from a developer is discovering defects in the property after the deal is finalized. In this article, we’ll explain what to do in such cases and who to turn to for help.
Common Issues Foreign Buyers Face When Purchasing Property in Turkey
All foreigners buying residential property in Turkey are considered consumers and are protected under Turkish consumer law. A developer in Turkey is fully liable to the buyer if:
- The apartment has defects that compromise safety or fall short of the buyer’s expectations.
- The apartment’s features do not match what the developer promised during the marketing phase.
Buyers can file claims not only about the apartment itself but also about the building’s amenities. For example: the apartment’s actual size is smaller than advertised, the promised hammam was never built, or one of the buildings doesn’t have access to the sports area. In such cases, the buyer has the right to take the developer to court. Law firm in Antalya can assist in disputes with construction companies.
What to Do If You Find Defects in Your Apartment
Under Turkish law, you can file a lawsuit within five years from the date the building is officially completed. As a buyer, you have several options:
- Demand that the developer exchange the defective apartment for one without issues.
- Cancel the purchase and request a full refund.
- Require the developer to fix the defects at their expense.
- Request a partial refund based on the severity of the discovered issues.
What to Know About Real Estate Lawsuits in Turkey
Real estate litigation in Turkey always begins with filing a formal claim. This document outlines the case details, defines the damages, and sets out the buyer’s demands. The judge will review the case to determine if there is sufficient cause to proceed.
Here are a few key points to keep in mind:
- Foreigners have the same legal rights in court as Turkish citizens.
- Foreign nationals must be represented in court by someone knowledgeable in local laws.
- To build a strong case, you’ll need to provide documentation: the lawsuit itself, copies of relevant legal documents (such as the purchase agreement), and evidence of the property defects.
- You’ll also need to budget for legal costs, which include attorney fees, government charges, and potential expenses if the case is lost.
Your greatest ally in court is an experienced attorney. Working with a competent law firm is often the deciding factor in winning your case.
To reduce the risk of running into these issues when buying property in Turkey, turn to Tuncay&Barcın Law Office. Their experienced lawyers will conduct a thorough due diligence check on the developer, assess the viability of the project, and, if needed, register the TAPU (title deed) even during the construction phase.
