Fraudulent activity regarding deeds Bodrum 2

I landed at Bodrum airport last week for a business trip and to follow up on my own real estate investment. When I wanted to schedule the closing of the transaction in the tapu office the real estate agent came back with a very interesting remark: “Sir, there is no one working in the tapu office. All officers, some real estate agents and other people involved in a crackdown on fraud have been detained. There are rumors that many of them might be under arrest for several months; therefore, some other officers from the Milas district have been appointed provisionally to replace the officers.” I was bewildered by the news.

On Monday, I quoted a letter from a foreign real estate investor about fraudulent activity committed by a joint gang of real estate agents, sellers and, unfortunately, lawyers. I am still waiting for the documents to see the details of the case, but I will try to give you some general information here.

First, I understand that there are many people who went through this process buying holiday homes via plain sales agreements, which are actually not valid under Turkish law. Every complex, or let’s say every project, has its unique details. I would guess that every project has its own filing and sales agreement system. Considering this possibility, the investors in each fraudulent project should come together to reduce the legal costs. Independent lawsuits will be expensive in terms of lawyer’s fees and other expenses.

The reader who sent the e-mail made a contract with her lawyer. The contract does not necessarily need to be in written form. According to the contract, the lawyer should have advised her about the purchase of the property. You are certainly not supposed to control the process after delegating this matter to a lawyer. The lawyer should have told you that purchasing a property with a sales agreement is not applicable under Turkish law. A plain sales agreement does not guarantee ownership. You should have been notified about this. If the lawyer has stated that the sales agreement is not really a binding document for the transfer of the title, then the seller may transfer the property to somebody else because there is no record of sale in the land registry office.

Another question in my mind is a dramatic one: Did you consider the possibility that you have never signed a sales agreement with the real seller? You probably made a site visit, then you went to the lawyer’s office and signed the sales agreement and went to the real estate agent’s office to make the payment. The reason I am suggesting this is that I cannot imagine a seller who would put himself into a position where he signs a sales agreement and then sells the property to somebody else. In such a case, the sole risk of being jailed and returning the money to the buyer is the burden of the seller with the real estate agent.

Further research may even demonstrate that the lawyer made an agreement to split the fee with the real estate agent. Do you think that a lawyer who is paid by the real estate agent and actually by the seller would speak out against these people? Don’t take offense; this is not a criticism of a foreign investor in Turkey but rather the underlining of an awful truth.

Berk Cektir http://www.berkcektir.av.tr/ The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner. http://www.todayszaman.com/ info@berkcektirlaw.com

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Tags: bodrum homes, bodrum properties, bodrum property, gumbet homes, gumbet properties, gumbet property

Category: BODRUM, GUMBET, PROPERTY, TURGUTREIS