What to Check Before Signing the Contract?

Why Checking Before Signing Is Not a Formality

Buying real estate in Turkey is a serious investment, and a mistake at the contract signing stage can result in the loss of money, time, and nerves. According to TurkStat, in 2025 there were nearly 1.69 million housing transactions in the country — a record high. However, high demand inevitably attracts unscrupulous market participants.

The good news is that most risks can be identified before you sign. To do this, you need to know what documents to check, what to look for in the contract text, and which “red flags” should alert you. Let's examine each point in detail.

The Main Document: TAPU (Title Deed)

TAPU (Tapu Senedi) is the only document that confirms registered ownership of a property in Turkey. No sales contract, preliminary agreement, or receipt can replace it. The transaction is considered complete only when a new TAPU is issued in the buyer's name at the Land Registry Directorate (Tapu Sicil Müdürlüğü).

What to Check in the TAPU

• TAPU Type. For residential real estate, there are two main types: “Kat İrtifakı” (right to a share of the land under a building under construction) and “Kat Mülkiyeti” (full ownership of a completed apartment). If the building has not yet been commissioned, you will receive a Kat İrtifakı TAPU — this is normal, but make sure that the developer has the İskan or is in the process of obtaining it.
• Owner's Details. Compare the seller's first and last name on the TAPU with their passport. If the seller is a company, check its registration through the MERSİS system (Turkish trade registry).
• Property Specifications. Area, floor, independent unit number (bağımsız bölüm), address — everything must match what you inspected.
• Presence of Encumbrances. At the bottom of the TAPU there are sections “Beyanlar” and “Şerhler”, where restrictions are recorded: mortgage, seizure, easement, right of first refusal. If these sections are not empty, demand clarification.

Since 2023, TAPU can be checked online through the TAKBİS portal (Cadastre and Land Registry System) or the Parsel Sorgu service. This allows you to verify that the document is genuine and up to date.

İskan: Occupancy Permit

İskan (officially Yapı Kullanma İzin Belgesi) is the building's technical passport and its occupancy permit. It confirms that the property was built in accordance with the project, safety standards, and is fit for habitation. İskan is not a title document and does not replace the TAPU, but its absence creates serious risks.

Risks of Not Having the İskan

• It is impossible to get permanent electricity and water connections — you will use temporary 'construction' utilities at inflated rates.
• You cannot convert Kat İrtifakı to Kat Mülkiyeti — meaning the TAPU will remain 'incomplete'.
• Banks refuse to provide a mortgage for such a property.
• When selling, you will face the same problems as the current owner.

Since 2020, Turkey has introduced a single type of İskan — Toplu İskan, replacing the former Genel İskan (for the entire building) and Ferdi İskan (for an individual apartment). The availability of İskan can be checked through the e-Devlet portal in the section for requesting information about Yapı Ruhsatı (building permit) and Yapı Kullanma İzin Belgesi.

Encumbrances, Seizures and Other Restrictions

Even if the TAPU looks perfect, the property may be encumbered. Encumbrances are registered in the Land Registry and appear in the TAKBİS extract. Here's what to look for:

• İpotek (mortgage). If the seller took a loan secured by the property, the mortgage must be removed before or simultaneously with the transfer of ownership. Ensure that the contract specifies the seller's obligation to repay the loan and remove the encumbrance.
• Haciz (seizure). Imposed by bailiffs for debts. Property with a seizure cannot be sold until the seizure is lifted.
• İrtifak (easement). The right of third parties to limited use of the land — for example, passage or access through the area.
• Şufa hakkı (right of first refusal). If the property is in shared ownership, co-owners have a priority right to purchase.

Request an up-to-date extract from the land registry (Tapu Kaydı) for a date as close to the transaction as possible. Ideally, on the day of signing the contract.

Seller: Identity and Authority

Make sure that the person you are negotiating with indeed has the right to sell the property. Situations vary:

• Seller is the owner. Compare the passport details with the record in the TAPU.
• Seller acts under a power of attorney (Vekaletname). Check that the power of attorney is notarized, has not expired, and explicitly provides the right to sell real estate. Contact the owner to confirm that the power of attorney has not been revoked.
• Seller is a developer. Check the company through MERSİS: date of registration, founders, absence of bankruptcy proceedings. Request the building license (Yapı Ruhsatı) and a portfolio of completed projects.

There are known cases where fraudsters sold apartments using forged or revoked powers of attorney, and the real owner found out about the transaction after the fact. Do not skimp on verifying the seller's identity.

Contract: Key Clauses You Must Not Miss

Under Turkish law (Article 213 of the Civil Code and Article 26 of Law No. 2644 on the Registration of Rights to Immovable Property), a real estate sale contract is valid only when executed at the Land Registry Directorate. However, in practice, the parties first enter into a preliminary contract (Satış Vaadi Sözleşmesi), which sets out the commercial terms of the transaction.

What the Contract Must Include

1. Exact price in the transaction currency. The contract must state the real price. Attempts to undervalue the property to reduce tax are a common but risky practice: upon resale, tax will be calculated based on the understated amount, and the difference will 'surface'.
2. Payment procedure and terms. Clearly state: the deposit amount, payment schedule (if installments are involved), and final settlement. For the secondary market, the standard scheme is a 5–10% deposit with the main payment upon signing the TAPU.
3. Deadline for property handover. For new builds — a specific completion date of the building and contractual penalties for delays.
4. Liability of the parties. What happens if the seller backs out? And if the buyer does? Specify penalties and the procedure for returning the deposit.
5. Obligation to remove encumbrances. If the property has a mortgage or seizure, the seller undertakes to remove them by the time the TAPU is transferred.

Deposit: How Much, How, and Under What Conditions

The deposit (depozito / kapora) is the amount the buyer pays upon signing the preliminary contract, confirming the seriousness of intentions. In Turkey, it is customary to pay 5 to 10% of the property value, but in competitive segments this figure can reach up to 20%.

Key rule: the deposit is transferred only against a document. This can be a notarized deposit agreement or, at a minimum, a receipt with the parties' passport details, the amount, a description of the property, and the conditions for return. Bank transfer is preferable to cash — it leaves a payment trail.

In Which Cases the Deposit Is Refunded

• If the seller backs out of the deal, the deposit is returned in double the amount (if this is explicitly stated in the contract).
• If the deal falls through due to encumbrances that the seller was unable to remove.
• If the property does not match the stated specifications (area, floor, condition) and this is documented.

Note: if the buyer simply 'changed their mind', the deposit is not returned according to Turkish practice. This is why thorough verification before paying is so important.

Conclusion

Signing the contract is not the beginning but the final stage of verification. By this point, you should have on hand: an up-to-date TAKBİS extract confirming ownership and absence of encumbrances; a copy of the TAPU and İskan; verified seller details; and the draft contract that you have carefully read — preferably with the help of an independent Turkish lawyer.

The cost of legal verification is not an expense but insurance. It is negligible compared to the risk of losing the entire transaction budget. In Turkey, as everywhere, the rule is: trust, but verify. Better yet — verify twice.