Never has the term ‘caveat emptor’ been more appropriate! Most people wouldn’t dream of buying a property in their home country without appointing a legal professional and getting the property checked out. Most wouldn’t think that a hotelier or a waiter in a restaurant would be the best person to consult either. Strangely enough, when overseas buyers arrive in Turkey, they often seem to have left their caution and common sense at home.

Buying property in Turkey is a simple process and can be done safely and legally with the minimum of effort and only at a small extra cost. Consulting a lawyer - and possibly an engineer - may seem an unnecessarily dreary proposition when you are excited at the prospect of your new home, but it could save you a great deal of money and heartbreak in the long run.

There are several reputable estate agents in Kaş, but unfortunately there are just as many others who are completely unscrupulous. Many people working as estate agents and developers in Turkey have no professional qualifications and no knowledge or experience of property. The boom in construction and its perceived rewards have led many a teacher, waiter or taxi driver to ditch their trade and become an overnight property tycoon.

Below we’ve listed our top-ten ‘dos and don’ts’, which might help to keep you out of hot water:

1. Go to a reputable estate agent and make sure you consult a lawyer. Do shop around, as you may find the same property in more than one estate agency, not necessarily at the same price! It is common practice here for agents to add on a little bonus for themselves, on top of their commission. The selling price should already include any seller’s commission and you should expect to pay 3% buyer’s commission on top of the sale price.
2. Make sure that the property you are buying has both a Tapu (title deed) and an Iskan (living licence), which is issued by the local authority after construction, to confirm that the property meets the terms of the planning consent and complies with building regulations. If the property shares a land tapu with another property, doublecheck whether there is any agreement as to the use/occupation of the shared land.
3. Doublecheck with your lawyer that he/she has actually checked the title with the local title deed office, rather than just with the seller or agent. Title deeds do not have to be surrendered when a property is resold, so it is possible for a previous owner to still have possession of an old deed.
4. Get ALL documentation translated into your own language by one of the official translators at the Notary General’s office. This may seem tedious and expensive, but could save you a lot of money and heartache in the future. Your estate agent or lawyer will help you to do all of these things.
5. If you award Power of Attorney to anyone, have the documentation translated into your own language by the official translator and read it carefully. Make sure that the recipient has no power to sell or enter into any transactions other than to sign for the acquisition of this property only on your behalf. It is safest to award any Power of Attorney only to your lawyer if possible. Once your purchase transaction is complete, you should double-check that the Power of Attorney has expired.
6. Do not be tempted into buying a property which you cannot legally own because of planning limitations. Specifically, do not buy property in the name of a Turkish person, even if you have a notarised contract with them. This is generally worthless, as it does not prevent them from selling the property on. With a lot of time, effort and money, you might get them sent to prison, but that won’t get your property back. And remember that, under Turkish inheritance laws, property owned by Turkish citizens is automatically divided between grandparents, parents, spouse, siblings and children, and this is never contestable. The legal system in Turkey is not sympathetic to foreigners who circumnavigate their planning laws, so you can expect little assistance if you try to do so and things go wrong.
7. If you open a Turkish bank account, do not give anyone access to ATM cards or online passwords or user names/numbers. If you use one of the international banks, such as Garanti Bank or Yapı Kredi Bank, you can organise all transactions securely online from your home country.
8. This probably sounds obvious, but do not take property advice from waiters, hoteliers, shopkeepers, taxi drivers, barbers et al. You wouldn’t do it at home, so don’t do it in Turkey.
9. Once you’ve completed your transaction, make sure you have adequate buildings and contents insurance, as well as third-party liability insurance if you plan to rent out your property.
10. If you do plan to rent out your property, make sure you take advice regarding tax registration of your property and the payment of income tax or you could find yourself in a lot of trouble and with a very large fine. Also ensure that your property is managed by a legally-registered, reputable company or it is possible that your property and third-party liability insurances may become void.