In Turkey, a real estate sale agreement gives a foreign buyer ownership only when executed in official form, meaning at a land registry office or before a notary, and registered in the land register. A private agreement signed at an estate agency is invalid; a promise of sale executed before a notary gives only a right to request transfer and, unless annotated in the land register, does not protect against third parties. The main risks are a fraudulent seller, restrictions in the land register, declaration below the actual price and insecure payment.
When Does a Real Estate Sale Agreement Transfer Ownership in Turkey?
In Turkey, real property ownership passes through registration in the land register rather than the signing of a real estate sale agreement. The Turkish Code of Obligations No. 6098 (TBK) links this rule to a formal requirement: "For a sale of real estate to be valid, the agreement must be executed in official form." (TBK, Article 237/1). Official form means an official deed drawn up at the land registry office or, following the 2022 amendment, an agreement for the sale of real estate executed before a notary.
The same rule applies to a home sold to a foreigner. Paying the full price, receiving the keys or starting to live in the apartment does not by itself confer ownership. If the seller's name is still in the land register, the seller's creditors can attach the property, and the seller can mortgage it or sell it to someone else.
The answer to "I signed before a notary; is the home mine?" also depends on this rule. If the notarial transaction is a promise of sale, the answer is no; if it is an agreement for the sale of real estate executed before a notary, ownership passes when the agreement is entered in the land registry system and registered.
Which Real Estate Agreement Does a Foreign Buyer Sign in Turkey, and Where?
Although the documents a foreign buyer signs may look similar, they have different legal effects. The table below compares 4 types of documents a foreign buyer may sign and their consequences.
Types of agreements in real estate sales and their consequences (TBK and the 2022 amendment to the Notaries Act; checked in October 2026)
| Type of agreement | Where it is executed | Does it transfer ownership? | Main risk |
|---|---|---|---|
| Private sale agreement | At an estate agency or between the parties | No, it is invalid | An action is needed if the seller does not refund the price |
| Promise-to-sell agreement for real estate | Notary | No, it gives a right to request transfer | Without an annotation in the land register, it does not protect against third parties |
| Real estate sale agreement | Notary | Yes, through registration in the land register | Restrictions in the land register must be examined beforehand |
| Official deed | Land registry office | Yes, through registration | False identity, forged power of attorney or underdeclaration of the price |
A promise of sale before a notary is not a transfer of ownership. The two documents are confused because both can be signed at the same notary's office; the agreement's title and content show which transaction is being carried out.
Notaries were authorised to execute real estate sale agreements in 2022 by Law No. 7413 (Notaries Act, Article 60/3). The practice began nationwide in July 2023.
The regulation dated 11 January 2023 on sales conducted by notaries also provides for transactions where a foreign natural person is the buyer. In these transactions, the Turkish lira amount recorded in the foreign exchange purchase certificate is entered in the system. If the notary identifies a restriction or statutory limit preventing sale of the property, the sale is not carried out.
Which Facts Determine Risk in a Real Estate Sale Agreement?
Whether a sale agreement is safe for a foreign buyer cannot be established from one document alone. Saying "I have a notarised agreement" is insufficient because it does not identify the type of agreement or its effect in the land register. Risk is determined by the following facts:
- the type of agreement and the authority before which it was executed,
- whether the promise of sale has been annotated in the land register,
- whether the seller is the same person as the owner in the land register,
- the scope and validity of the power of attorney,
- mortgages, attachments, annotations and injunctions in the land register,
- whether the property has condominium ownership or a construction servitude,
- whether the price to be declared in the land register matches the actual price and valuation report,
- how and when the price is paid,
- the buyer's nationality and whether the property is in an area closed to foreigners.
Example case · hypothetical
Consider two foreign buyers paying the same price for the same apartment. One has sent the full price to the seller's personal account before registration; the other has paid through a blocked payment released to the seller after title deed transfer. If the seller becomes unable to pay their debts, the first buyer is left with only a claim; the second buyer's money returns to them if the transfer does not take place.
Is a Private Sale Agreement Signed at an Estate Agency Valid?
No, a private real estate sale agreement signed in writing at an estate agency or between the parties is invalid because it is not executed in official form. As a rule, registration in the buyer's name cannot be requested on the basis of this agreement, and its penalty clause does not become valid either.
An invalid agreement does not mean the money paid is lost. The parties must return what they received under unjust enrichment provisions. The 3rd Civil Chamber of the Court of Cassation issued a decision on this issue on 16 October 2025 (E. 2025/1821, K. 2025/4942). It held that money paid under a promise of sale of real estate not executed in official form could be reclaimed. According to the Chamber, the formal requirement is intended to encourage the parties to reflect, so the buyer's later request for a refund does not constitute abuse of a right.
Can a Deposit Paid Under a Private Agreement Be Recovered?
Yes, a deposit and advance payment under an invalid private agreement can generally be reclaimed. However, a right to recover does not mean the money can actually be recovered. If the seller or developer becomes insolvent, the buyer ranks alongside other creditors.
Bank records showing to whom, to which account and with what payment reference the money was paid should therefore be retained. Proof of payment in a refund action depends on these records; cash payment makes proof harder.
What Happens If a Notarial Promise-to-Sell Agreement Is Not Annotated in the Land Register?
A promise-to-sell agreement for real estate that is not annotated in the land register creates only a personal right enforceable against the seller. If the seller sells the property to someone else or mortgages it to a bank before title deed transfer, the buyer generally cannot assert a right against a third party acting in good faith. A promise of sale executed before a notary is annotated in the land register at either party's request. If the sale does not take place within 5 years of the annotation, the land registry office removes it on its own initiative (Land Registry Law, Article 26).
The annotation strengthens the buyer's personal right: a person acquiring the property after the annotation is bound by the agreement. The annotation's 5-year period should be monitored against the timetable, particularly in project sales with long delivery periods; protection ends automatically when the period expires.
Does an Unannotated Promise of Sale Protect Against a Bank? What Did the Court of Cassation Say?
In 2013, a buyer signed a promise-to-sell agreement before a notary with a developer company for an apartment in Istanbul, paid the full price and took delivery and began using it in 2016. The agreement was not annotated in the land register; the apartment was still registered in the company's name. In 2018, the company created a mortgage of TRY 15,000,000 over the apartment in favour of a bank for its own debt.
The court of first instance and the regional court of appeal ordered discharge of the mortgage because the bank had not acted prudently. In its decision of 16 September 2025 (E. 2024/4944, K. 2025/3671), the 7th Civil Chamber of the Court of Cassation upheld registration in the buyer's name. However, it reversed the part concerning discharge of the mortgage.
According to the Chamber, an unannotated promise of sale creates only a personal right and cannot be asserted against a bank that later acquires a mortgage. The decision states this expressly: "A creditor under a promise of sale agreement who refrains from having a simple annotation entered in the land register ... has no legal grounds entitling them to protection."
If the promise of sale is not annotated in the land register, the apartment may pass to the buyer with the mortgage. This decision clearly shows why annotation is a step that foreign buyers should not postpone. Even though payment had been made and the apartment delivered, the missing annotation did not extinguish the bank's acquired right.
Which Annotations and Entries in the Land Register Make a Sale Risky?
Not every restriction in the land register makes a sale impossible, but it changes the burden the buyer will assume. Land register entries are disclosed to people who credibly demonstrate an interest, and nobody can claim not to know an entry in the register. Current land register records and encumbrance information should therefore be examined before the agreement. The methods of enquiry are covered in a separate article on checking debts, mortgages and attachments in the land register.
Main land register entries and their effects on the buyer (Turkish Civil Code and Land Registry Law; checked in October 2026)
| Entry | Meaning for the buyer |
|---|---|
| Mortgage | Unless discharged, the property passes to the buyer with the burden |
| Attachment | Unless removed, the seller's creditor can have the property sold to realise its value |
| Interim injunction | Transfer may have been prohibited by court order |
| Promise of sale annotation | Another buyer may have a previously acquired right |
| Family home annotation | A sale cannot take place without the spouse's express consent |
| Construction servitude | The building may be incomplete or lack an occupancy permit |
These entries may be removed before the sale or settled using part of the price. However, unless the agreement clearly specifies which entry will be removed at which stage, a buyer who has paid the price effectively assumes the seller's debt. For foreign buyers, the property must also not be in a military prohibited zone or security zone; this is checked during the land registry transaction.
What Happens to the Buyer If a Title Obtained Through a Fraudulent Seller or Forged Power of Attorney Is Cancelled?
In a sale using a false identity or forged power of attorney, registration is unlawful and the true owner may seek cancellation of the title. Under Court of Cassation practice, the first buyer who purchases directly from the fraudster cannot obtain good faith protection by claiming reliance on the land register. As a rule, this protection benefits later buyers who acquire the property in good faith.
If the title is cancelled, the State's liability for the buyer's loss becomes relevant (Turkish Civil Code, Article 1007). The 5th Civil Chamber of the Court of Cassation issued a decision on this issue on 5 December 2024 (E. 2024/2311, K. 2024/9654). It held that the Treasury, on behalf of the State, was liable for the loss of a buyer who relied on the land register in a sale using a forged power of attorney. This route provides a safeguard, but requires a separate compensation action and does not restore the property itself.
For foreign buyers abroad, a power of attorney is a separate area of risk. A power of attorney used for a land registry transaction must be drawn up under the Notaries Act, authorise the transaction and bear the principal's signature. Broad powers, such as mortgaging the property or appointing another representative, should be granted only if actually needed. The representative may also use these powers against the buyer's interests.
How Should the Sale Price Be Stated in the Land Register and Paid?
The sale price declared in the land register should reflect the actual price, and payment should be made through a recorded method at the same time as registration. For foreign buyers, the price is also linked to the foreign exchange purchase certificate and valuation report, so an error in the price affects more than one procedure.
Why Is It Risky to Show a Price Below the Actual Price in the Land Register?
Showing a price below the actual price in the land register can result in the unpaid fee being claimed later with a penalty. The title deed fee is calculated on the declared transfer price, which cannot be below the property tax value. If the declared price is later found not to reflect the actual price, the fee on the difference is assessed additionally and a tax loss penalty of 1 times that amount is imposed (Fees Law, Article 63).
A low declaration also has consequences beyond tax. When the actual price does not appear in the land register, the buyer may struggle to prove the amount paid in a later claim for a refund due to invalidity of the agreement or defects.
Does the Secure Payment System Become Mandatory for Title Deed Transactions on 1 December 2026?
Yes, as of October 2026, mandatory use of the Secure Payment System in real estate sales is due to begin on 1 December 2026; sales to be excluded will be determined separately. Under this system, the buyer's payment is blocked and transferred to the seller after title deed transfer; if the sale does not take place, it is refunded to the buyer. The system is based on amendments made in 2026 to the Regulation on Real Estate Trade. Sales outside the system will be determined by a protocol between the Ministry of Trade and the organisation operating the system.
For foreign buyers, this method significantly reduces the risk of the price reaching the seller before registration. However, the foreign exchange purchase certificate obligation continues; the bank should clarify before the transaction how currency conversion into Turkish lira and the blocked payment will be coordinated on the same timetable. As the mandatory start date has already been postponed twice, the current position should also be checked on the transaction date.
Which Documents Matter in a Real Estate Sale Agreement?
What matters is the document that addresses the type of agreement and title risk, rather than the number of documents. Payment records are central where there is a private agreement issue; the notarial agreement and land register record are central where annotation is the issue.
Documents relating to the agreement
- private agreement or notarial promise-to-sell agreement,
- sale agreement or official deed drawn up before a notary or at the land registry,
- agreement annexes and handover record.
Documents relating to the title and property
- current land register record and encumbrance information,
- condominium ownership or construction servitude record,
- building occupancy permit,
- valuation report.
Documents relating to payment and authority
- bank transfer receipts and account statements,
- foreign exchange purchase certificate,
- power of attorney and its translation,
- if the seller is a company, authorisation certificate and signature circular.
Not all these documents are required in every file; the same document may be decisive in one file and irrelevant in another. Which document will address which risk is determined after the agreement and land register record have been examined together.
Conclusion: Registration and Annotation, Rather than the Agreement, Protect the Foreign Buyer
The protection a foreign buyer in Turkey expects from a real estate sale agreement depends on the type of agreement and its effect in the land register. A private agreement is invalid and generally creates only a claim for a refund. A promise of sale before a notary gives a right to request transfer, but unless annotated, it does not protect against the seller's later transactions. Ownership is acquired only through land registration of a sale executed in official form at the land registry office or before a notary.
Two sales that look the same can therefore have different outcomes. The payment method, whether the promise is annotated, the seller's and representative's authority, and land register entries determine the result. When these facts are assessed together before the agreement is signed, the risks can be identified before payment.
How Can Legal Istanbul Help with Real Estate Sale Agreements?
For foreign buyers, Legal Istanbul reviews the real estate sale agreement, notarial promise of sale and current land register record together. The seller's and any representative's authority, mortgages, attachments and annotations in the land register, the price to be declared and the payment method form part of this review. Annotation of the promise of sale and completion of the sale at the land registry office or before a notary are also followed up.
In files where the agreement is invalid or the title has been unlawfully registered, refund claims, actions for cancellation and registration of title, and compensation actions are assessed. If you have a draft agreement or land register record, you can contact Legal Istanbul for an assessment before signing.
Discuss Your Real Estate Sale Agreement with a Lawyer from the Legal Istanbul Team.
Your draft agreement, current land register record and any notarial promise of sale and payment documents help with an initial assessment. If a signing or payment date is approaching, mention it in your first message.
Real Estate Sale Agreements: Legal Bases and Official Sources
- Legislation Information SystemTurkish Code of Obligations No. 6098 — official form requirement for real estate sales (Article 237)
- Legislation Information SystemTurkish Civil Code No. 4721 — acquisition of ownership through registration, openness of the land register, protection of third parties acting in good faith and State liability (Articles 705, 706, 1007, 1020, 1023–1025)
- Legislation Information SystemLand Registry Law No. 2644 — annotation of promises of sale and the 5-year period (Article 26), acquisition of real estate by foreigners (Article 35)
- Legislation Information SystemNotaries Act No. 1512 — promises of sale and real estate sale agreements before a notary (Articles 60, 61/A)
- Legislation Information SystemFees Law No. 492 — assessment base for the title deed fee and consequences of underdeclaring the price (Article 63)
FAQ
I Signed a Promise-to-Sell Agreement Before a Notary in Turkey; Is the Home Mine?
No, a promise-to-sell agreement signed before a notary does not transfer ownership; it gives a right to request transfer from the seller. Ownership passes when a sale conducted at the land registry office or before a notary is registered in the land register. If the promise is annotated in the land register, it can also be asserted against a later sale or mortgage; the annotation is removed if no sale takes place within 5 years.
Does a Promise of Sale Remain Valid Indefinitely If Annotated in the Land Register?
No, a promise of sale annotation is not indefinite. If no sale takes place within 5 years of the annotation, the land registry office removes it on its own initiative. In project sales where delivery is delayed, transfer must be completed before that period expires. Otherwise, the annotation's protection ends.
Can a Foreign Buyer Transfer Title Before a Notary in Turkey?
Yes, real estate sale agreements have been possible before notaries since July 2023, and the relevant regulation also provides for sales to foreign buyers. The Turkish lira amount in the foreign exchange purchase certificate is used for these sales. If the notary identifies a restriction or statutory limit preventing the sale, the sale is not carried out.
Can I Recover Money Paid Under a Private Sale Agreement?
Yes, the price paid under a private agreement that is invalid because it was not executed in official form can be reclaimed under unjust enrichment provisions. In a decision issued in 2025, the Court of Cassation did not treat the buyer's refund claim as abuse of a right. If the seller does not return the payment, an action is required; bank records make proof easier.
Does Showing a Low Price in the Land Register Pose a Risk to the Buyer?
Yes, if the declared price is found not to reflect the actual price, the unpaid fee is assessed additionally and a tax loss penalty of 1 times that amount is imposed. A low price also makes it harder to prove the amount paid when a refund is sought later. For foreign buyers, the land register price must also be consistent with the foreign exchange purchase certificate.
What Happens If I Buy a Home Using a False Title Deed or Forged Power of Attorney?
In a sale using a false identity or power of attorney, the true owner can seek cancellation of the title. Under Court of Cassation practice, the first buyer purchasing directly from the fraudster cannot obtain good faith protection; second and subsequent buyers acting in good faith are generally protected. A buyer whose title is cancelled can bring a compensation action against the State for the loss.
Is It Safe to Send a Deposit to the Seller's Account When Buying a Home in Turkey?
No, a deposit sent to the seller's personal account before registration can only be recovered through a refund claim if the agreement is not concluded. As of October 2026, the Secure Payment System is planned to become mandatory for real estate sales, except excluded sales, on 1 December 2026. The system's current status should be checked before the payment date.
Can I Buy a Home in Turkey Through a Power of Attorney While Abroad?
Yes, a foreign buyer can have a land registry transaction in Turkey carried out under a power of attorney. It must be drawn up under the Notaries Act, expressly include authority to purchase and bear the principal's signature. Authentication and translation conditions for a power of attorney issued abroad should also be checked; the powers should not be broader than the transaction requires.
What Should a Foreign Buyer Who Does Not Speak Turkish Do at Title Deed Transfer?
A foreign buyer who does not speak Turkish should understand the content of the official deed or notarial sale agreement through an interpreter before signing. As the text is drawn up in Turkish, this is the way to understand the price, property details and restrictions correctly. The agreement's details should also be checked for exact consistency with the land register record.
This article provides general information and does not replace legal advice. Each case must be assessed separately on the basis of its own decisions and records.