The law authorizing the conclusion of a contract for the sale of real estate before the publication of a notary public – Real estate

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Law number 7413 amending the Law on Judges and Prosecutors and certain laws (“Amendment Act“) was published in the Official Journal of June 28, 2022 and bears the number 31880.

Substantial changes allowing the execution of contracts for the sale of real estate before a public notary have been introduced in Notarial Law number 1512 (“Right“).

Notable changes in the Amendment Law are summarized below:

  • In accordance with the amendments made to article 60/1-3 of the law, the execution of promises to sell real estate has been added to the functions of notaries, in addition to the execution of promises to sell real estate. In this context, promises of real estate sales can be executed before notaries as well as before land registry offices.

  • In accordance with article 61/A added to the law, the procedures and general principles to be applied by notaries for real estate sales contracts are regulated as follows:

  • When applying for the sale of the property, the notary will issue an application document. The sample land registry and other relevant documents will be shared with notaries electronically by the General Directorate of Land Registry and Cadastre.

  • The notary will examine whether the documents submitted are complete, who is the right holder, whether there is a restriction on the property and whether there is a legal situation preventing the sale within the restrictions of the legislation. If it appears from the land register and other documents that there is a situation preventing the sale, the sale will not be carried out by the notary. If the notary finds no problem, the real estate sales contract will be concluded.

  • Following the conclusion of the sales contract by the parties, the notary will submit the contract and the related documents to the cadastral information system and will physically archive them. Once the contract is registered in the cadastral information system, it will be registered in the real estate cadastre by the cadastral management.

  • In accordance with the amendment made to article 162 of the law, notaries are also held liable for damages resulting from the conclusion of the contract for the sale of real estate.

  • Only title deed fees will be charged on real estate sales contracts to be entered into by notaries, and such contracts will also be exempt from stamp duty and precious paper fees. The notary fees will be between 500 and 4,000 Turkish liras depending on the value of the property. These amounts will be increased at the revaluation rate each calendar year.

Details of the practice will be regulated by a statement to be issued by the Department of Justice. The changes will come into effect on January 1, 2023.

Please find the full text of the Amendment Law here (only available in Turkish)

Information first published in theMA | Gazette, a bimonthly legal newsletter produced by Moroglu Arseven.”

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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