No Tapu

Questions, answers, tips and warnings about land and property ownership by foreigners in Turkey
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taniaj830
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Joined: Mon Nov 19, 2007 8:18 pm

No Tapu

Post by taniaj830 » Tue Nov 20, 2007 2:10 pm

There are over 20 apartment owners that have paid for their apartments in full (inc solicitor & tapu fees) near Alanya but can't get the Tapu's because of a dispute between the agent and builder. Can the builder sell the apartments? Plz can someone help!


suppiluliuma
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Post by suppiluliuma » Tue Nov 20, 2007 9:27 pm

Those tourist hunters...I'm sick of them! :x
Do you have all the documents proving that you have paid for the property? Unfortunatley such events happen and yes he may sell the apartments to somebody else, and you may have to sue him. There may be really a dispute, and may be there's nothing to worry about. But, anyway you must have the "tapu" in order to stay secure. It is the most important document proving the possession of the property. Good luck!
Come whoever you are...
just come as you are

taniaj830
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Joined: Mon Nov 19, 2007 8:18 pm

Post by taniaj830 » Wed Nov 21, 2007 3:38 pm

Thank you for your reply. We are finding it very hard to get information regarding this matter.

yes there are statements/receipts from the property agent on letterhead which shows the deposit and payment for the property. The apartment owners also have the permission to buy certificates now (that was the last problem - it been continuious excuse after excuse). Its not really a dispute, basically the property agent owes the builder 40,000 euros for work done on the apts but is claiming he can't afford to pay. The apt owners could divide the bill but some can't afford to pay so the builder is threatening to sell some of the apts to claim back his costs. The property owner already has all the money, over half a mill (and had it for over 2 years now, the tapu problems has been going on that long). In Turkish Property Law is it illegal for the Property Agent to take the money and not supply the Tapu's? And is it not illegal for the builder to sell apts which have been paid for? Can you advise us on a solution? Is there a way in which to secure an apt by law so the builder doesn't sell it without the owner's knowledge?

Thanks again!!

Tania

suppiluliuma
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Post by suppiluliuma » Wed Nov 21, 2007 5:57 pm

Why should you assume the agent's debt? This story sounds very common to me. I'd like to ease your concern, however I don't know the legislation very well. You better consult to a good lawyer. I hope everything's going to be all right.
Come whoever you are...
just come as you are

taniaj830
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Joined: Mon Nov 19, 2007 8:18 pm

Post by taniaj830 » Wed Nov 21, 2007 6:12 pm

thanks for your advice. the problem the apt owners have is they already have a solicitor but he's friends with the seller/property agent and might be working along side him. everyone has spent more money than the apt price and don't want to spend anymore incase they loose everything. if you hear or find out anything about Turkish Property Law can you let me know. Really appreciate it.

Thanks Again!!

xx

suppiluliuma
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Post by suppiluliuma » Thu Nov 22, 2007 11:26 am

A solicitor who is a friend of defendant party!? Come on, it stinks. I don't want to be accuse anybody with prejudice, but if I were in your shoes, I'd look for another solicitor.
Come whoever you are...
just come as you are

demetyesilkayadurgun
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Joined: Sun Aug 09, 2009 10:48 pm

Re: No Tapu

Post by demetyesilkayadurgun » Tue Feb 16, 2010 6:56 pm

Hi,
Its Mrs Durgun
Lawyer in Antalya

Frankly like that it is difficult to solve your problem
Yes they can sell the apartment to anyone else because you have no tapu

But can be better to talk about the subject If I can see the documents that you signed before about that subject with anybody ( agent, builder bla bla bla )

If you need any legal help or you or others wants to apply the legal way please do not hesitate to contact.

Regards


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