Lawyer / Notary in Turkey

One thing every visitor to Turkey would like to avoid, is to need a lawyer. However, as usual in daily life, there can be certain situations where you are absolutely helpless and may need the experience of a well - trained lawyer, whether it is because of a traffic problem or something more serious.

It is very important to have a good representative, who not only knows the language of the country but also knows about the behaviour of the people, the routine of the court, the latest changes in the law and, most important, is willing to fight for your rights.

As in many other situations, most of the rules and regulations and how to react in certain situations are quite similar to those in Europe. Once you believe you have been treated wrong or, even worse, that you have been cheated, don't hesitate to ask a lawyer for help. If you do not know any, you can ask at the

Do not be afraid that you will not be understood because of any language difficulties. Lot of people realise your uncertainty in handling a situation, maybe because of different laws in strange surroundings and, more important, a foreign country. Turkey is a constitutional state with certain regulations and laws which need to be obeyed by everyone.

Notary

There is a slight difference compared to Europe. If you want to buy property or real estate you can get the tapu (land register) without a notary.

But be careful, because the official, legal way is exactly the same as in Europe. You need to have a notarised contract. If there are any problems in the future, you will always be asked for it. You will certainly save yourself from possible problems if you use a notary from the beginning. They know the proper procedure and the correct steps to follow which will lead to ownership of your property, and, most important, they will do their job as your impartial advisor and must follow the laws and regulations. For your own security and to prevent sleepless nights, the notary is the most important person in the process.

Why do you need the notary?

The notary checks the land register for any written encumbrances, creates the sales contract and gives a date for signing the contract. After finishing that, the notary will inform the tax office, the local government and the land registry. If any alterations to the land register are necessary, the notary will take all those important steps as well. Most of the duties are the same everywhere in the world. It is up to you if you loosing this security.

The Fees

The scale of the fees depends on the price of the property or real estate. It will usually be about 1.5 % of the price mentioned in the contract and this includes all the fees for the land register and all the other offices.

The notary account

If you wish, the complete payment process can be carried out from an account at the notary. In this case the notary will open an account in his name where you will send the money and he will keep the money in your name. After all the steps mentioned in the contract are completed, he will give the money to the previous owner. This can be important and is a safe way of dealing, because it can take up to 12 months before you get the tapu into your name. If there is an agreement like this, both parties, seller and buyer, are equally interested in a successful conclusion and that no money is paid before.

If, in the future, a change in your land register becomes necessary, you should use a notary to make sure that all legal steps are taken. The construction company, as well as the owner of the land, should also accept notary contracts otherwise they will still be the owner of the house or apartment which you are paying for. You need a notary for obtaining ownership of your apartment. The land register entry needs to indicate the number of apartments on a site. The notary is forced by law to explain the present situation and, more important, the future situation to you and he needs to write all of these details plainly into the contract which then becomes a legal document.

Other duties of the notary

Quite often you might need the help of a notary when copies and translations of your personal papers need to be given to the authorities. The notary will check your papers, check the translation, notarize the papers and will keep a copy. Almost without exception these are the same regulations as all over Europe.

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