Legal Issues Arab Citizens Should Consider When Buying Property in Turkey

Türkiye, özellikle İstanbul, Arap vatandaşları için önemli bir gayrimenkul ve yatırım merkezi olmaya devam etmektedir. Birçok Arap vatandaşı Türkiye'ye İstanbul Havalimanı üzerinden gelerek konut, ticari gayrimenkul, arsa veya yatırım amaçlı taşınmaz satın almak istemektedir.

Ancak yabancıların Türkiye'de gayrimenkul satın alması yalnızca bir satış sözleşmesi imzalamaktan ibaret değildir. Tapu kayıtları, mülkiyet durumu, ipotekler, hacizler, imar durumu, ödeme koşulları ve sözleşme hükümleri gibi birçok hukuki unsurun işlemden önce incelenmesi önemlidir.

Can Arab Citizens Buy Property in Türkiye?

Foreign nationals, including citizens of many Arab countries, may purchase real estate in Türkiye subject to the applicable legal rules and restrictions.

Depending on the circumstances, an Arab buyer may purchase:

• Apartments.
• Villas.
• Commercial properties.
• Certain land.
• Other permitted types of real estate.

However, restrictions can apply depending on the buyer's nationality, the type of property, its location, and other legal factors.

Therefore, buyers should verify their eligibility before making a significant financial commitment.

Why Is Legal Due Diligence Important?

A property may appear attractive from a commercial perspective but still contain legal risks.

Before purchasing, an Arab buyer may need to investigate:

• The registered owner.
• Title deed information.
• Mortgages.
• Liens.
• Attachment orders.
• Restrictions on the property.
• Zoning status.
• Building permits.
• Existing tenants.
• Outstanding obligations.

A legal review can help identify potential problems before the purchase is completed.

What Is a Title Deed?

The title deed (Tapu) is the official registration document relating to ownership of real estate in Türkiye.

The information recorded in the title deed can be important when determining:

• Who owns the property.
• The type of property.
• Ownership shares.
• Existing mortgages.
• Certain restrictions or annotations.

An Arab buyer should ensure that the information concerning the property is consistent with the transaction being offered.

What If the Seller Is Not the Registered Owner?

One potential risk is entering into a transaction with a person who does not have the necessary authority to sell the property.

Before making a payment, it is important to establish:

• Who the registered owner is.
• Whether the seller has authority to act.
• Whether a valid power of attorney exists.
• Whether the property is jointly owned.
• Whether additional approvals are required.

This is one reason why checking the title deed and seller's authority is important.

What If the Property Has a Mortgage or Lien?

A property may have a mortgage, attachment, or other legal restriction recorded against it.

These issues should be identified before the transaction is completed.

The buyer should understand:

• The nature of the restriction.
• Who benefits from it.
• Whether it can be removed.
• Who is responsible for removing it.
• Whether the purchase price is affected.

A legal review of the title deed can help clarify these issues.

Should an Arab Buyer Sign a Reservation or Preliminary Agreement?

Property transactions may involve preliminary agreements, reservation forms, sales promises, or other documents before the final title-deed transfer.

The buyer should understand exactly what they are signing.

Particular attention should be paid to:

• Deposit payments.
• Cancellation conditions.
• Refund provisions.
• Delivery date.
• Penalties.
• Seller's obligations.
• Buyer's obligations.
• Conditions for completion.

A document presented as a simple "reservation form" can still create important legal obligations.

What If the Buyer Pays a Deposit and the Seller Cancels?

If an Arab buyer pays a deposit and the transaction is later cancelled, the consequences depend on the agreement and applicable law.

The contract should clearly establish:

• Whether the deposit is refundable.
• Whether a penalty applies.
• Which party may terminate.
• What happens if the seller fails to complete the transaction.

Payment receipts and written correspondence should always be retained.

What If the Property Is Still Under Construction?

Many foreign buyers purchase properties from projects that are still being developed.

In these transactions, the buyer should carefully examine:

• Construction schedule.
• Delivery date.
• Developer's obligations.
• Payment schedule.
• Project permits.
• Contractual penalties.
• Cancellation rights.
• Property specifications.

The difference between the promised property and the final delivered property can sometimes become a source of disputes.

What If the Delivered Property Is Different From the Contract?

An Arab buyer may discover that the completed property differs from what was promised.

Potential differences may concern:

• Size.
• Layout.
• Materials.
• Facilities.
• Common areas.
• Delivery date.
• Technical specifications.

The sales contract and related project documents should therefore be reviewed carefully.

What If the Property Is Being Sold by a Real Estate Company?

Arab buyers often deal with real estate agencies or developers rather than directly with the registered owner.

This does not eliminate the need for legal verification.

The buyer should determine:

• Who owns the property.
• Who is selling it.
• Whether the intermediary is authorized.
• What the agency agreement provides.
• Where the buyer's money is being transferred.

Legal and financial documents should be checked before substantial payments are made.

What If the Buyer Is Promised Turkish Citizenship?

Some property sales may be marketed together with information about eligibility for Turkish citizenship by investment.

Citizenship eligibility is subject to specific legal requirements and should not be assumed merely because a property is advertised as a "citizenship property."

The buyer should separately verify:

• Whether the property qualifies.
• Whether the required investment conditions are satisfied.
• Whether restrictions apply.
• Whether the documentation is accurate.
• Whether the citizenship application requirements are met.

A property purchase and a citizenship application are related but legally distinct matters.

What If the Buyer Has an Entry Ban or Tahdit Code?

An Arab citizen may want to purchase property in Türkiye while also having an immigration restriction.

For example, the person may have:

• A Tahdit code.
• An entry ban.
• A previous deportation decision.
• A residence-related problem.

In such cases, the immigration issue should be reviewed separately from the property transaction.

Legal representation may allow certain property-related procedures to be handled through a properly authorized representative, depending on the circumstances.

What If the Buyer Is Refused Entry at Istanbul Airport?

An Arab investor may arrive at Istanbul Airport intending to complete a property transaction and then encounter an immigration restriction.

If the person is refused entry, the legal basis of the refusal should be identified.

The buyer may have already:

• Paid a deposit.
• Signed a preliminary agreement.
• Scheduled a title-deed appointment.
• Made arrangements with the seller.
• Committed to a payment schedule.

The immigration issue and the contractual obligations should therefore be evaluated separately.

Can an Arab Buyer Give a Power of Attorney?

Depending on the transaction, a buyer may authorize a lawyer or another representative to handle certain procedures in Türkiye.

A power of attorney can potentially be used for matters such as:

• Property transactions.
• Title-deed procedures.
• Tax-related procedures.
• Utility matters.
• Communication with relevant authorities.

The scope of the power of attorney should be carefully defined.

What If the Buyer Lives Outside Türkiye?

Many Arab investors live outside Türkiye and only visit Istanbul when necessary.

For these buyers, it can be useful to organize the legal process so that certain procedures can be handled remotely or through authorized representatives where legally permitted.

This can be particularly relevant to investors who frequently travel between Türkiye and their home country.

What Documents Should an Arab Buyer Review?

Before purchasing property, the buyer may wish to review:

• Title deed.
• Property identification details.
• Seller's identification and authority.
• Zoning information.
• Building permits.
• Existing mortgages.
• Liens and restrictions.
• Sales agreement.
• Payment schedule.
• Delivery documents.
• Property management documents, where relevant.

The exact documents required depend on the property and transaction.

What If the Buyer Discovers a Problem After Purchase?

Sometimes a legal or contractual problem becomes apparent only after the purchase has been completed.

Examples may include:

• Previously undisclosed restrictions.
• Construction defects.
• Failure to deliver promised features.
• Disputes concerning ownership.
• Contractual breaches.
• Problems involving tenants.

The buyer should preserve all documents and obtain legal advice before taking further action.

Can an Arab Buyer Recover Money From a Fraudulent Seller?

If a buyer believes that they have been defrauded, the available legal remedies depend on the circumstances.

Evidence may include:

• Bank transfers.
• Contracts.
• Messages.
• Emails.
• Advertisements.
• Receipts.
• Property documents.
• Witness information.

Depending on the facts, civil, commercial, or criminal procedures may be considered.

What About Real Estate Agency Commissions?

Real estate transactions may involve agency or brokerage fees.

The buyer should understand:

• Who pays the commission.
• How much is payable.
• When payment becomes due.
• Whether the commission is refundable.
• What happens if the transaction fails.

These matters should preferably be documented in writing.

Cosmos Legal Law Firm Services for Arab Property Buyers

Cosmos Legal Law Firm provides legal assistance to Arab citizens and other foreign nationals purchasing or investing in real estate in Türkiye.

Depending on the circumstances, the firm's services may include:

• Legal due diligence.
• Title deed review.
• Property purchase agreements.
• Preliminary sales agreements.
• Real estate disputes.
• Review of mortgages and restrictions.
• Developer and seller checks.
• Power of attorney procedures.
• Property-related litigation.
• Investment and citizenship-related legal matters.
• Entry bans and Tahdit code issues affecting investors.
• Immigration and residence matters.

The firm can review the legal status of a property and the contractual documents before the buyer commits to the transaction.

Why Should Arab Buyers Obtain Legal Advice Before Paying?

Purchasing property can involve a substantial financial commitment.

Before transferring money, an Arab buyer should consider confirming:

• The legal owner of the property.
• The authority of the seller.
• The property's title-deed status.
• Existing restrictions.
• Contractual obligations.
• Payment conditions.
• Cancellation and refund provisions.
• Delivery obligations.

A legal review at the beginning of the transaction may help identify potential risks before they become disputes.

Conclusion

Arab citizens purchasing property in Türkiye may face legal issues concerning title deeds, ownership, mortgages, liens, contracts, developers, deposits, property delivery, and investment arrangements.

These issues can become particularly important for investors who arrive in Türkiye through Istanbul Airport and intend to complete a property transaction during a short visit.

A property purchase should not be based solely on advertisements or verbal assurances. Reviewing the title deed, seller's authority, contractual terms, and legal status of the property can be an important part of protecting the buyer's interests.

Cosmos Legal Law Firm assists Arab citizens with property due diligence, real estate contracts, title-deed procedures, property disputes, powers of attorney, investment-related matters, and immigration issues such as entry bans and Tahdit codes that may affect foreign investors in Türkiye.