Seller’s Guide

Once you have agreed a price, put the remaining terms in order before accepting a deposit. The payment schedule, title transfer, handover and included items should be clear to both parties, with the appropriate documents checked by a Turkish lawyer.

For a property sale in Bodrum or Milas, use this as a preparation checklist with your agent and Turkish lawyer. It is not a contract template. Start with our offer comparison guide if the proposal is still being negotiated.

Use your title and ownership checks to confirm the registered property and the authority of anyone acting for an owner before the terms are finalised.

Establish what document you need

An offer summary, agency agreement, payment receipt, promise of sale and official transfer serve different purposes. Calling a privately prepared document a ‘sale contract’ does not ensure that it meets the legal requirements.

Article 237 of the Turkish Code of Obligations sets formal requirements for property sales and promises of sale. Articles 177 and 178 distinguish payments evidencing an agreement from payments associated with an agreed right to withdraw. Ask your lawyer how those provisions and any other relevant rules apply to your proposed documents.

Identify the parties, property and authority

Check the parties’ current identity details against the relevant records. Identify the property, registered unit and ownership share being sold.

For multiple owners, establish who must take part. If a representative will sign or receive funds, have the relevant authority checked. A family member managing negotiations for an inherited home in Milas is not automatically authorised to complete the sale.

Set out the price and payment stages

Record the total price, payments already made and the balance. Specify dates, recipients, payment methods and the conditions attached to each stage.

‘The balance will be paid at the tapu office’ needs an actual amount and a coordinated payment process behind it. If the buyer is using a mortgage, address any shortfall or delay. Arrange the bank’s checks through the title transfer and payment plan.

Any payment after title transfer needs separate assessment of security and recovery. Written terms alone do not guarantee collection.

Define the deposit clearly

A payment called ‘kapora’ does not have the same legal consequences in every transaction. Have its nature, the validity of the associated document and the agreed conditions checked before accepting it.

• How much will be paid, and when?
• Who is authorised to receive it?
• Will it count towards the purchase price?
• What happens if a condition is not met?
• When and on what basis would a refund be due?

Do not assume that a buyer always loses a deposit on withdrawal, or that a seller must always repay double. The facts, document and legal basis matter. Keep the payment record with the agreement rather than relying on the wording of a bank reference alone.

Separate title transfer from handover

Record when ownership is intended to transfer and when the buyer will receive the property. State whether it will be vacant, tenanted or furnished.

An owner in Gündoğan may need time to move after title transfer. If so, address occupation during that period, costs, access and the consequences of a late handover. Explain whether a changed transfer appointment changes the handover date.

List furniture, repairs and costs

Prepare a clear inventory for anything included. In a Gümüşlük home, photographs might show garden furniture, appliances and decorative items that will not all remain. Identify the agreed items by room and add photographs where useful.

For repairs, specify the work, who will arrange it and the completion deadline. Record known issues that will remain. Agree responsibility for official fees, agency charges and other costs, then reflect them in your net proceeds budget.

Address delays and unmet conditions

A failed mortgage application, a title restriction, late payment and a change of mind are different situations. Discuss the response to each relevant event with your lawyer.

Specify deadlines, notice arrangements, any extension process and how payments will be treated. Have cancellation and penalty provisions checked for validity and enforceability rather than assuming a sentence such as ‘non-refundable’ resolves every issue.

Read the final version before signing

• Are the parties and signing authority correct?
• Does the property description match the records?
• Do the price, deposit and balance add up?
• Are funding conditions and dates consistent?
• Are inventories and other attachments included?
• Are costs and handover arrangements clear?
• Has the legal form and effect been reviewed?

Keep the signed version and payment records. If terms change, have the required approvals and formalities checked and make sure both parties use the same updated text. Use our handover guide for the final practical checks, and our seller’s guide for the full sequence.