Before putting your house up for sale, clarify the title deeds, usage rights, and the current condition of the property. You can find the information you need to prepare for sales involving tenants, shared ownership, or sales conducted by proxy in this guide.
When preparing to sell your house in Bodrum or Milas, review the title deed and property information before publishing the advertisement. It is useful to gather the ownership status, usage rights, and current features of the house in one file to answer the buyer's questions accurately.
This preparation helps ensure that the pricing study is conducted with accurate information and allows for early detection of issues that may affect the sales timeline.
Compare the information on the title deed with your property
Check the owner information, share ratios, district and neighborhood, block and parcel numbers, and if applicable, the independent section number in the current title deed. Also, note how the property is classified, whether as condominium ownership, floor easement, or land registry.
You can review your title deed and the records on the property through the TKGM's Web Tapu system.[^1] Do not settle for a photo of a title deed obtained years ago; proceed with the current record.
For example, do not confuse the door number of a villa within a site in Yalıkavak with the independent section number on the title deed. Verify that the house advertised matches the section on the title and in the project.
Evaluate the area information separately. Do not write the parcel area on the title directly as the net usable area of the house or just the size of the garden that belongs to you. Determine which document or measurement the net area, gross area, and land share are based on.
Examine mortgages, liens, annotations, and other records
Records such as annotations, declarations, mortgages, liens, and easements on the title deed are collectively referred to as "encumbrances." You can obtain information about these records through Web Tapu.[^1]
When you see a record, do not just note its name. Clarify how it affects the sale, whether it needs to be removed, and who will carry out the necessary procedures with the title office, relevant institution, or your lawyer. Different records can have different legal consequences.
If there is a mortgage tied to a loan, obtain information from the bank about the current debt and the closure process. Follow the removal of the mortgage record on the title as separate stages from the payment of the debt; verify from the current record that the cancellation process has been completed.[^2]
Do not provide the buyer with a definite transaction date or unverified information such as "there are no restrictions on the title" before this preparation is complete.
Determine the scope of sale for shared or inherited property
If there are multiple owners, clarify from the beginning whether the entire property or only a specific share will be put up for sale. Check the current type of ownership, the list of owners, and who will be involved in the transaction.
In an inherited house, find out whose name the title deed is in and what transfer or representation procedures need to be completed before the sale. Discuss with your lawyer whether issues such as pre-emption arise in the sale of shares.
For example, agreeing on a price for an inherited property in Milas is only part of the preparation. It is also necessary to determine who will participate in the signing, whether a power of attorney is needed, and what procedures will be completed.
Clarify the delivery conditions for a rented house
If there is a tenant in the house, include the rental agreement, current rent amount, deposit information, and any additional agreements in your sales file. Plan showings in advance with the tenant.
Do not assume that the sale will automatically terminate the rental agreement. According to Article 310 of the Turkish Code of Obligations, when the property changes hands, the new owner becomes a party to the rental agreement.[^3]
For example, the current usage status is important for a buyer who wants to purchase a rented house in Gündoğan and move in immediately. Before promising to deliver it vacant, check whether the delivery is legally and practically possible. Do not present a verbal expectation of evacuation as a definite delivery date.
If the sale will be conducted by power of attorney, check the scope of authority
If someone else will carry out the title transaction, have the power of attorney checked in advance for its suitability for the planned sale by the title office or the lawyer preparing the transaction. It is important to prepare an authorization that accurately describes the property and the transactions to be carried out.
Evaluate the necessary authorizations for the sale transactions and the collection of the sale price or bank transactions separately. Do not assume that the power of attorney to be used at the title includes the transactions required by the bank; confirm this with the bank separately.
If you are a homeowner living outside of Turkey, learn the conditions for the preparation, approval, and translation of the document during the preparation phase. You can also review our sales guide for foreign homeowners that addresses this topic in more detail.
Verify the current condition of the structure and usage rights
Have relevant documents such as the building permit, occupancy permit, and approved project reviewed along with the title deed. Determine whether there is a difference between the current house and the situation in the documents.
Especially clarify the following issues:
- Closed balconies, additional rooms, pools, or outbuildings added later.
- Documents supporting the use of the garden, parking, and storage.
- Usage conditions in common areas and site management plan.
- Known dampness, water leaks, plumbing failures, or other structural issues.
For example, if it is believed that the garden in front of a villa in Gümüşlük belongs only to that house, check the basis for this usage through the title, project, and management plan. The term "private garden" in the advertisement description must be based on verifiable information.
Include known issues, repairs made, and any service documents in the file. If there is a suspicion of a structural problem, obtain an assessment from the relevant expert.
Prepare your sales file
The following list is for creating your pre-sale information file; it is not a fixed list of official documents applicable to every transaction:
Information or document What is it checked for? Current title deed and owner information To verify the property for sale and ownership status Annotations, declarations, mortgages, and other records To identify conditions that may affect the sale Relevant building documents and project To compare the current condition of the house with the documents Management plan and usage documents To clarify the conditions of the garden, parking, and common areas Rental agreement and attachments, if any To evaluate the rental and delivery status Power of attorney, if any To check representation and transaction authorities Repair and technical inspection records To clarify known issues and work doneShare any missing or unclear issues with your consultant; clarify legal matters with your lawyer and technical matters with the relevant expert. This way, you can proceed to the pricing and marketing phase with more solid information.
You can review the other stages of the sale from preparation to handover in the How to Sell a House in Bodrum and Milas? Step-by-Step Seller Guide .
Article information and sources
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- Turnkey Properties Emlak ve Yatırım Danışmanlığı
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