How to Determine Deposit and Agreement Terms in House Sales?

When you reach an agreement with a buyer for your house in Bodrum or Milas, it is not enough to simply record the sale price. The stages of payment, title transfer, delivery of the house, and the items included in the sale should also be addressed with the same clarity.

Written preparation allows the parties to see whether they understand the same conditions. However, it should also be checked which legal transaction the document is prepared for and the validity conditions. This guide is not a ready-to-sign contract template, but a checklist that you can use together with your lawyer and advisor.

First, determine the purpose of the document and the necessary form

The offer summary, brokerage agreement, payment record, sales promise, and official sales transaction serve different purposes. Writing "sales contract" on a document does not automatically give it the required legal nature.

Article 237 of the Turkish Code of Obligations stipulates that a formal form is required for the validity of real estate sales and promises of sale.[^1] Do not assume that the text or messaging prepared by the parties among themselves fulfills this condition.

Before signing or transferring money, ask your lawyer to explain the appropriate document for your transaction, its arrangement, and the consequences it will entail. Recording the conditions is not the same stage as completing the required formal transaction.

Correctly identify the parties and the property subject to sale

In preparing the document, compare the buyer and seller information with current records. The title information of the property, the independent section number if any, and the share subject to sale should be clearly identified.

If there are multiple owners, it should be checked who will participate in the transaction, and if representation is involved, the scope of the power of attorney should be verified. The signature or collection authority of the seller should be examined separately from the property.

For example, in the sale of a house inherited in Milas, the person conducting negotiations within the family may be different from those who will perform the transaction at the title office. The document preparation should clearly show this distinction.

For this stage, you can review our guide on checking title and property information.

Clearly record the sale price and payment stages

Show the total amount, the amount paid in advance, and the remaining balance in the same account. Clarify the dates of payments, the method, the recipient, and any conditions that need to be fulfilled.

Instead of a phrase like "payment to be made at the title office," specify what the remaining amount is and how the payment and transfer process will be coordinated. Also, confirm the transaction conditions of the bank or payment system to be used.

For example, if a portion of the sale price for a house in Yalıkavak is to be paid in advance, it should be clear whether this will be deducted from the total amount. If a loan will be used, evaluate the steps and amounts with your lawyer in case of any shortfall in the planned amount.

If a portion of the payment is proposed to be deferred until after the title transfer, have the collection guarantee examined separately. Do not equate finding a written payment agreement with a collection guarantee.

Clarify the purpose of the deposit

The payment referred to as "deposit" in everyday language does not have the same legal consequence in every case. In the Turkish Code of Obligations, the binding deposit and the withdrawal deposit are regulated separately.[^1]

Therefore, prepare the following information:

• The amount to be given or received.
• Payment date and the person to whom the payment will be made.
• The purpose of the payment and its relation to the sale price.
• How it will be evaluated if the sale is not completed.
• If a refund is anticipated, the conditions and timing of the payment.

Do not make generalizations like "if the buyer withdraws, the deposit is always forfeited" or "if the seller withdraws, they will pay double in any case." The validity of the specific document, the nature of the payment, and the relevant provisions should be examined together.

Do not assume that a word used in a bank statement or receipt determines all conditions on its own. Keep the payment record together with the relevant document. If a payment is planned to be made to the advisor, check the collection authority, to whom the money will be transferred, and how the record will be kept.

Create a separate timeline for title and house delivery

Write down the dates for the title transfer and key delivery separately. Clarify whether the house will be delivered empty, with tenants, or with furniture at the time of delivery.

For example, a homeowner selling their house in Gündoğan may need time to move after the transfer. In this case, the use of the house during that period, the sharing of expenses, and the conditions to be applied in case of delays should also be specified.

Clarify whether the delivery date will automatically change with the change of the title appointment. Use clear dates and relevant conditions instead of vague expressions like "at the end of the month"; do not present an unconfirmed official appointment as if it is confirmed.

List items, repairs, and expenses separately

Specify which items are included in the phrase "including items." If necessary, support with a room-based list, quantity, distinguishing features, and photos.

For example, the garden furniture, white goods, and decorative items visible in the photos of a house in Gümüşlük may not all be included in the sale. The list that the buyer will see should clearly separate the items to be left from those the seller will take.

If repairs to be made before delivery are agreed upon, determine the scope of work, the responsible party, and the completion time. Also, clearly record known issues that will not be resolved.

Clarify who will bear the title expenses, consulting fees, and any other payments. Also, check the service fee conditions in the separate contract with the advisor; do not assume that all obligations related to the sale are resolved in a single document.

Evaluate withdrawal, delays, and unfulfilled conditions

A change of decision by one of the parties, payment delays, failure to provide credit, and the emergence of a record that prevents the sale are not the same situations. Do not leave these under a single vague heading of "withdrawal."

Discuss the following questions with your lawyer:

• Which condition must be completed by which date?
• How will the parties be informed if it is not completed?
• How is it anticipated to proceed for an extension or termination?
• How will the payments made be evaluated?
• If applicable, is the withdrawal or penalty provision valid and enforceable?

Do not assume that adding a sentence like "the deposit is non-refundable" will always have consequences. The form and provisions of the document should be checked together with the specific transaction.

If the offer conditions have not yet been clarified, first use our guide to compare incoming offers.

Complete the pre-signing checklist

Checklist Item Information to Clarify Parties and Authorities Owner, representative, signature and collection authority Property Current title definition and the section or share subject to sale Price Total amount, previous payments, and remaining balance Deposit Purpose, offset, and evaluation if the sale does not occur Timeline Payment, transfer, and delivery dates Scope of Delivery Usage status, items, and agreed repairs Expenses Payments to be borne by the parties Conditions Completion of credit, documents, or other stages Legal Review Purpose of the document, necessary form, and provisions

Do not sign without completing the blank spaces, conflicting dates, and missing attachments. Read the final text and its attachments, verify the authorities of the signatories, and keep the signed copies with the payment records.

If a condition changes later, update the document by checking the required approvals and form conditions with your lawyer. Ensure that the same current text is available to both parties.

After this preparation, you can proceed to coordinate the payment and title transfer. You can find the other stages of the process in our guide to selling houses in Bodrum and Milas.