Do I Need a Lawyer When Purchasing Property in Turkey

When considering buying property in Turkey, it's highly advisable to use a lawyer. While Turkish law does not mandate the use of a lawyer for property transactions, employing one can significantly streamline the process and protect your investment. Here’s why you should consider hiring a lawyer:

Benefits of Using a Lawyer

1. Due Diligence: The lawyer conducts thorough checks to ensure there are no outstanding charges against the property, verifies the current owner's right to sell and confirms all necessary documentation is in order, such as habitation certificates (ISKAN) and building permits.
2. Legal Expertise: Turkish real estate laws have evolved over the past decade to include more checks and procedures to safeguard buyers. A lawyer can navigate these laws effectively, ensuring a smooth transaction.
3. Fraud Prevention: In our experience, almost all instances of fraud or bad deals involved buyers who did not use a registered solicitor. A lawyer can help you avoid these pitfalls by ensuring all legal aspects are covered.
4. Convenience: If you cannot be present in Turkey to complete the transaction, you can grant your lawyer power of attorney. This allows them to sign documents and complete the purchase on your behalf.
5. Investment Protection: Given that purchasing property is a significant investment, spending on a lawyer’s services (averaging around £2,500) is a worthwhile expense to safeguard your interests.

Role of a lawyer in Turkey

A lawyer in Turkey can perform various roles based on the level of authority you grant them:

1. Contract Drafting: They draft, complete, arrange to sign, and notarize the contract that includes the buyer’s and seller’s details, property details, and clauses for contingencies.
2. Title Deed Checks: They check the title deeds for any debts and ensure all necessary documentation is in place.
3. Title Transfer: They can convert the title to your name and complete the purchase at the local title deed office if granted power of attorney.

Finding a Qualified Solicitor

You can find English-speaking and qualified Turkish lawyers on the British Consulate website or through recommendations from certified agents. It’s crucial to ensure the solicitor is knowledgeable about Turkish real estate laws. Some firms have branches in major cities like Izmir and Istanbul, providing seamless service for foreign buyers.

Additional Resources

For more information on buying property in Turkey, you might find the following articles useful:

• Turkish Property Buying Process: This outlines all the steps from finding your home to completing the purchase and moving in.
• Turkish Citizenship by Investment: This scheme allows some real estate buyers to apply for Turkish citizenship. The article details the criteria and application process.