Key Clauses to Review in Your Contract of Sale

When buying property in Turkey, the sales contract is your most important safeguard. Our contracts include over 20 carefully drafted clauses to ensure clarity and protection for both buyers and sellers. A well-structured contract doesn’t just formalize the agreement—it also helps prevent disputes and addresses potential issues before they arise.

Here are the most important clauses to focus on during your review:

1. Basic Information

• Full names, occupation, addresses, and contact details of both buyers and sellers.
• Official ID of both buyers and sellers must be attached to the contract of sale.
• Property details: Exact address, plot number, size, tapu reference, and zoning status.

2. Guarantees

• Clear specification of which guarantees are provided by the seller and under which terms. If purchasing a second-hand property, extra attention must be paid to this.

3. Hand Over

• Exact terms and conditions for the handover date of the property.

4. Accompaniment: Inventory and Functionality

• A detailed inventory list of fixtures, fittings, and appliances included in the sale (e.g., furniture, white goods, air conditioning).
• Confirmation that all inventory items are functional and in the agreed condition.

5. Debt

• Confirmation that the property is free of debts (e.g., unpaid taxes, utility bills, or mortgages).
• Seller’s obligation to clear all debts before the title deed transfer.

6. Disposition of Buying Amount

• How the purchase price will be allocated (e.g., deposit, installments, final payment).
• Payment method (bank transfer, escrow) and account details for the seller.

7. Payment Conditions

• Payment schedule: Deposit amount, installment dates, and final payment deadline.
• Penalties for late payments and conditions for refunds if the sale falls through.

8. Termination of the Contract

• Conditions under which either party can terminate the contract (e.g., failed due diligence, financing issues, or legal problems).
• Notice period required for termination.
• Refund terms for deposits or payments made.

9. Split of Costs

Clear breakdown of who pays which costs and expenses:

• Water & electric meter registrations
• Title deed transfer costs and related taxes and fees
• Power of attorneys
• Bank transfers
• Ön & ferdi iskan

10. Other Clauses

• The contract should be bilingual (Turkish and your native language) if you’re not fluent in Turkish. The prevailing language of the contract should be in a language that both buyer and seller understand. In case you do not share a common language, use English as the prevailing language of the contract.
• Confirm whether the property has a ferdi iskan (habitation certificate), which is required for utilities and legal occupancy. If not, clarify who is responsible for obtaining it and the timeline.
• Verify that the property complies with local zoning laws and is designated for its intended use (e.g., residential, commercial, or agricultural).

11. Signatures & Attachments

• Both parties (buyer and seller) must sign the contract of sale personally. Never accept signatures from a third party such as a real estate agent or lawyer.
• Make sure the following documents are included as attachments to the contract:
  • Buyers’ and sellers’ official ID
  • Title deed
  • Ferdi iskan
  • Any other documents relevant to the terms and conditions agreed upon in the contract of sale.

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