Didim Today

Hi, I am writing to ask for your advice on what may be a consumer rights issue. I am writing on my family’s behalf because I am here in Turkey trying to resolve it for them as my husband holds the power of attorney for my sister and brother-in-law. I have attempted to be as succinct as possible, but apologies for the length of this email.

“Five years ago my sister and brother-in-law bought an apartment from a [real] estate agent. They paid 85,000 euros for the apartment. Due to the difficulties obtaining military permission and, as we later found out, the estate agent’s incompetency, they did not receive their military permission until last year. Due to personal problems in the family they could not take the tapu [title deed] at that time. On attempting to take over the tapu a few weeks ago, they were informed that they had to pay a further 21,000 euros to the builder … ?n?aat. The notary contract is with the builder.

At the time of signing, my bother-in-law requested the full amount be written in. He was informed by the translator, builder and real estate agent that the lower amount was custom and practice and all the council required. He was given to understand that the real estate agent and builder where partners. Something the builder now denies, but did not at the time. The contract states all monies have been paid.

When we approached the builder to transfer the tapu he refused, stating the real estate agent owed him money. We informed him that we did not see this as our problem, but he was insistent and threatened to make things difficult shutting down the water and electricity to the apartment. How can the real estate agent owing him money (who is to say it is even about this apartment) be the purchaser’s responsibility? The builder was present and signed the notary contract. Surely something should have been said then?

“Since our meeting with the builder we have spoken to a lawyer, who informed us we had a case but it would cost us at least 8,500 euros to start it. My family does not have that sort of money. We then spoke to the Turkish Consumer Association here in Alanya. The advice we got was to take it straight to the savc? [prosecutor]. We where then told we could not do that by a court official. We plan to go and speak again with the Turkish Consumer Association on Monday. We also tried to place a ‘note’ on the tapu in an attempt to prevent it being resold before this situation is resolved.

We paid for this to be done, but a few days later we where told this could not happen as the builder has a contract to build with his mother, entitling him to a number of apartments in return for the building. Ours is one of those apartments and apparently he has not informed the Tapu Office of this and as such we cannot do anything. This whole situation would be fraudulent in the UK and handled by the police. It appears to be an organized attempt to obtain more money than stated in the contracts. Is this a consumer rights case or criminal or both? Please could you advise? I have written to the local kaymakam [district governor] via his website, but am still awaiting a reply.

“Post-script: The real estate agent is missing and has been for two years. I personally know he has cheated some more of my friends out of 100,000 euros for the purchase of land, which he subsequently sold while they where awaiting their tapu. They are struggling to find the money to start a case — that they have been informed they will not win by a Turkish lawyer! Your advice would be gratefully received.”

Dear reader, this is definitely not a consumer rights matter. Consumers’ rights courts focus on less serious matters.

This is a serious matter concerning huge amounts of money and a criminal organization. Both the quality and quantity exceed the limits of a consumers’ rights court or of any other administrative office resolving daily shopping or utilities-related matters.

The agent, the builder and the others were only able to make money if the overseas investor buys the property. Therefore, they did everything to make it possible. In some cases, this turned out to be organized crime.

I would say you should contact the prosecutor and go to a civil court, seeking relief for your loss and/or registration of the tapu in the correct name with the correct prices. Needless to say, you should have hired a good lawyer at the time of investment. Of course this is not your fault, but the system is not established in a way to enlighten and protect the investor.

I wish I could give you a solid solution, but the best thing you can do is hire a dedicated lawyer who should investigate the relationship between the agent and the builder. If there are any eyewitnesses to the payments or bank details proving the payments, you may have a good chance at the prosecutor’s office starting a criminal case against the gang.

I am preparing a campaign against this scam system and working on a property investment securing system that will enable buyers to have almost risk-free individual property investment in Turkey. As soon as I finalize the details I will share this with the consulates of major countries investing in Turkey.

Berk Cektir http://www.berkcektir.av.tr/ The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner. http://www.todayszaman.com/ This e-mail address is being protected from spambots. You need JavaScript enabled to view it