Home Buying Guide

Beware of Mortgage or Foreclosure!
Examine the title deed record of the house you will buy in detail. If you buy the real estate while there is a foreclosure or mortgage on the title deed, you will be responsible for these mortgages and foreclosures after the title deed transfer and you will face the risk of losing the house you bought. When purchasing a house, if it is written as an annotation on the title deed after the promise of sale contract is made in the form of a notary arrangement, mortgages or liens will no longer affect the consumer after this annotation. It is seen that some of the lawsuits filed by the consumers regarding the removal of the mortgages and liens placed after the purchase date have received positive results and the decision taken on this issue has been accepted by the court of appeal.

If You Are Not Careful, The House You Buy Could Be Steamed
After the deed inspection, examine the zoning file from the municipality. If you are going to buy the house on credit, you should also examine the report made by the bank. Because these reports examine the zoning files in the municipality. The main purpose of examining this file in the municipality is to see the condition of the building and the flat. Thanks to the file, it is learned whether there are leaks or the building registration document. You can also see what the municipality thinks about this land. The municipality may have made a zoning change on the existing parcel and positioned it in a different way and reduced the floor height. In this case, it may be possible that you have purchased an apartment from a building that is being demolished.

Read the Management Plan, Don't Have Fees Nightmares
The fees of the site where the house you bought is located can sometimes go up to the rental figures. For this reason, you should definitely examine the management plan when buying a house. In the management plan, there are documents showing how to live on the site and how the dues will be collected. If there is a management plan for 1+1 and 4+1 flats to be paid in the same way in a site, you may have to pay dues like 4+1 flats because you didn't read it while buying 1+1.

Make your contract at the Notary Public
If you decide to buy the house as a result of your research, the contractor must have a 'preliminary information form' signed. On the form, the net-gross square meters of the flat, all the information of the contractor, the entire price of the flat with or without installments, and if it is in installments, what the interest and expense costs will be must be stated. If you are buying the real estate under construction, if the contractor does not have the title deed, it must be a Promising Sale Contract from the Notary Public. If the contractor is transferring the title deed, he can also make a written contract, provided that he transfers the floor easement deed. In both cases, the immovable (housing) must be delivered to the consumer within 36 months.

The Contractor Cannot Write a Unilateral Penal Clause
In housing sales contracts, the contractor cannot unilaterally write a penal clause. If there is a unilateral penal clause against the consumer in the contract, the right to withdraw from this contract without compensation can be found, as well as a complaint to the Contractor's Provincial Directorate of Consumers. In this case, the contractor may face fines up to 200 thousand TL per contract.

Check Coverage
If you are buying a house that is under construction and under urban regeneration, the contractor must provide a guarantee of 10 percent of the cost. Be sure to check this guarantee from the municipality. According to the Consumer Law, the contractor has to offer one of the collateral models for projects other than conversion. (Completion insurance, progress payment model or letter of guarantee)

Claim Your Rights in Case of Missing or Late Delivery
If you sign a document saying 'I received it completely and on time' without ever seeing the immovable when the contractor is delivering the house you bought, you will lose all your rights. Make sure to inspect the house you bought and do not take delivery if there are deficiencies. In this case, be sure to send a notice from the notary to the contractor to complete the deficiencies and faults, and if not, make sure to state that you will demand this fee. If you do not do it or do not pay the price even though you sent a warning, you should file a lawsuit.

The Contractor Has to Acquire Settlement
You have received the house, but the contractor does not receive the occupancy certificate. This does not remove the contractor's responsibility. The contractor has to get the occupancy. If the contractor has made a construction contrary to the settlement, you should have it determined through the Civil Court of Peace and ask for the deficiencies to be corrected.

Show the Real Value of the House
The person selling the real estate or the real estate agent may want to undervalue the house. In this case, there are two risks. First of all, the Ministry of Finance follows the sales made in this way and can both charge fees and fines as much as the difference. Secondly, if the seller has debts to third parties or banks and you buy the title deed at a very low price, there is a risk of cancellation of this sale.

In Which Situation Can You Return?
You have the right to return the apartment you bought within 14 days without giving any reason. In this case, the seller returns all the fees received to the consumer.
The consumer can withdraw from the contract by paying a certain penalty until the 24th month. If this is the case, 2 percent of the contract price for returning within the first 3 months, 4 percent between 3-6 months, 6 percent between 6-12 months, 8 percent between 12-24 months. pays compensation.
If the consumer dies, is deprived of permanent income and cannot make the prepayment, if the contractor has not fulfilled his obligations, the contract will be canceled without paying any costs, taxes, fees and indemnities. - If the contractor is going to make changes in the project, he has to get approval from the consumer. If this approval is not obtained, the consumer has the right to return it without compensation and expense.