Confused about what to do next....

Hello,

this is a complicated query.
In 2006 we signed a purchase agreement and paid the builder full purchase costs. Building was scheduled to complete in October 2006. In the purchase agreement there was a provision for late payments if building not completed on time. Building was not complete. We got late payments for one year then got nothing. We got many promises of site completion and late payment. This never happened. Lawyer said there was nothing he could do.

This eyar we find out that the development has been transferred to a new developer. We visited Turkey to find out what was happening because we had heard nothing. We went to site and found new developer there. new developer says we must pay £10000 more to get our TAPU.

We have a purchase agreement with original builder. New developer showed us a contract that he has with old builder and our name is in the document. We did not agree to anything.

That was earlier this year. Our lawyer has heard nothing since.

I thought that there some provision under Turkish Law which prevents the old builder transferring the property to the new developer without our permission?

Where do we stand legally? We have a pruchase agreement for the purchase of one apartment. We have paid our money as detailed in the agreement. What happens to the money we paid if we can't pay the extra £10000?

Can we demand our money back from the new developer and walk away?

I have been asking our lawyer for options but he says we just have to wait, but we have been waiting for three years.

Where do we stand legally?

Kind Regards,

Mark (UK)

Dear Mark,

Article 356/II of the Turkish Code of Obligations states that the work may be subcontracted to another person (in your case the second developer) if the work does not necessitate personal skill/craftsmanship (in your case it doesn't).

So the first developer may freely delegate the construction task to the second developer with an independent contract of work. Note that your consent is not required in this contract as you are not a party of it.

This situation works both ways. As you haven't entered into a contract with the new developer, you cannot claim anything from him, but also he cannot request any payment from you. His contract is with the first developer only. You've mentioned that your name is in the document between the first and second developers, and this is most probably just a reference to your development contract with the first developer. You needn't worry about this. You aren't a party of this second contract and not bound by it. As a result, the new developer (sub-contractor) cannot directly request anything from you. You can refer to the following Court of Cassation (Yargıtay) decisions on the matter:
"15. HD., Date:28.02.1974, E:145, K:166" and "4. HD., Date:15.09.1980, E:8100, K:9498".

Your answerer in this case is the first developer with whom you have a contract and you can base your claims on this contract. You cannot demand your payment from the new developer.

Also you have been mentioning "transferring the property to the new developer", which I find a bit ambiguous. Do you refer to the transfer of work (construction)? Is it perhaps a contract for construction rights in return for flat? You need to provide more data on the nature of the contract you call "purchase agreement" for us to help.