The parties to the real estate sales contract do not have any rights in rem with this contract. This contract provides personal rights to the parties. Therefore, no rights can be claimed against third parties except the parties and their successors based on the contract.
For this, it must be annotated in the deed. If the preliminary contract for real estate sale is not annotated to the title deed, it is possible for the seller to sell the contractual property to someone else. This annotation is valid for five years, and if there is no sale at the end of five years, the annotation has no effect when claiming third parties. One of the parties can annotate the preliminary contract for real estate sale by applying to the title deed with a petition.
There is no special statute of limitation regime that is subject to the preliminary contract for real estate sale. For this reason, a 10-year limitation period is applied in accordance with the provisions of the Code of Obligations. The limitation period starts from the date the performance opportunity arises.
It is also possible to stipulate the preliminary contract for real estate sale, as well as imposing penal clauses.
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If you want to get a flat where is still on constraction, can you buy there according to Turkish Law?
You can obtain your rights from the notary prelimenary agrement!
How To Apply To Turkish Citizenship With Preliminary Contract For Real Estate Sale In Turkey?
In the preliminary contract for real estate sale, it is obliged to transfer the real estate to the promised person on the date specified as the transfer date in the contract. The party promising the sale during the establishment phase of the contract is not required to own the property. It must be the owner only at the transfer stage. In this case, if the promising party is not the owner of the immovable during the transfer, if he cannot fulfill his debt due to the contract, he will be sentenced to compensation in accordance with the provisions of the Law of Obligations impossibility of performance and non-liability.
The preliminary contract for real estate sale does not end with death. According to the Civil Code, the heirs are responsible for the debts as well as the receivables and rights of the inheritor. In this context, the preliminary contract for real estate sale is also binding for the heirs.
The Conditions for Validity of The Preliminary Contract for Real Estate Sale
- The preliminary contract for real estate sale must be made officially. According to the law, The preliminary contract for real estate sale is valid if it is made as a notary arrangement.
- The immovable subject of this contract must be a real estate registered in the deed.
- The price to be paid by the seller and the payment method of this price should be clearly stated in the contract.
- The contract becomes valid when both parties have signed it.
- The preliminary contract for real estate sale must be signed with all owners for joint ownership. However, in immovables subject to shared ownership, each shareholder can make this agreement, these agreements are valid.