Property Purchase Problem

Hello

We have been to Turkey on holiday. We love the Country and we have seen a Villa that we would like to purchase. However, we have found a small problem that we do not know how to address.

The villa's are on a complex called "Onurkent" at Gundogan on the Bodrum Peninsular. After lots of research we have discovered that the villa's are part of a co-operative. We are led to believe that if we purchase the villa we will only own the materials that the villa is made of, and not the land that they are build on. Therefore, a Tapu will not be issued. The following paragraph is from the pen of the person who is selling some of the villa's to Europeans:-

"The villas – they were built approximately 8 years ago, however some Turkish owners bought 20 years ago, when the complex was yet to be built. There are roughly 200 villas spread across two sides of a hill – they are built in a “village” like style with streetlighting, paths, roads and communal gardens. They are built in random clusters. The near Olympic size pool (actually 5 meters short) is at the brow of the hill, with a small café, creperie restaurant and showers.. The pool has uninterrupted views to the horizon over the bay of Gundogan. Underneath the swimming pool there is a well stocked market, selling everything you might need at supermarket prices, an electrical store and there are plans for a sauna too.
The villas that we are offering for sale were bought by Turkish nationals and these are private sales on behalf of these people who do not have access to the international market. These villas have never been lived in, nor have they been maintained. In consequence they have fallen into a state of disrepair."

Basically, our reason for this post to you is; - before we purchase this villa is it a sound proposition?
Will we ever be the legal owners of our villa? Is there any possibility of some one else purchasing the land that the villa's are on, and then removing our property?
We have discussed the refurbishment package with the owners, and we are happy with this deal to replace windows, doors etc etc. It is the co-operative thing that is worrying us.
Any advice would be really very much appreciated.
Thanks
Geoff and Olya

Can you tell me why we have an arrow by the side of our post. Sorry to be stupid but at the moment we do not read Turkish and cannot follow the site in Turkish
Geoff and Olya

Every co-operative has a foundation text. I advise you to read it carefully before investing.

IMO you don't need to worry about the ownership or legal status of your property (unless foundation text has any remarks to concern you such as "after completion villas will be distributed to owners by drawing lots" etc.

However you should know that co-operatives in Turkey is known to be a bit infamous. They usually deliver late and ask for more money than promised in the begining. I don't want to generalize this, nor blame the co-operative that you are about to get involved with but just for your information..

PS. downside arrow signals for a new message since your last visit

Dear Admin
Thank you very much for that.
I have also found a couple of sites where they advertise for English speaking lawyers, of which two have replied. We hope to resolve this problem, because we really do love the Villa.
Thank you again for your help

Olya

Hello
I have just left a deposit on an apartment in Turkey that I am hoping to buy. I am looking for an English speaking lawyer who can assure me that the documents I have are genuine as you here so many horror stories. I am buy from the owner and not going through an estate agent. Thank you Carina

Dear Carina,
I hope you can find english speaker lawyers in Turkey,
i am sure there are,is it in Istanbul where you are looking for?

Dear admin,is it prohibited to advice lawyer here according to website rules?

regards

Alıntı: Dear admin,is it prohibited to advice lawyer here according to website rules?

As you might know, Turkish lawyers are not allowed to promote themselves in anyway or form and they should also refrain from any kind of activity that will lead to self-promotion. So our site does not allow messages of that form.

However if someone else is suggesting a lawyer publicly, we'll deal with such messages individually. If suggested lawyer has nothing to do with this message in anyway, nor the suggesting member has any kind of interest in this message, then this can be acceptable.

If I rent my villa in turkey what is the law regarding `squatters rights` If the persons renting refuse to move out?
thanks

The ownership of the residential property is a particular category recognized by property law and does not necessitate ownership of the land. However the explanations of the co-operative seems bizarre to me. In most of the cases people are entitled to immovable property registry (tapu). Please read carefully the statute of the co-operative in question.
I do not see how the actual owner does not have access to international market etc. Be very careful.
Sincerely

my son-in-law purchased a new built property ( villa ) through a well known estate agents in altinkum.Purchased and totally paid up for everything including electricity, water, military clearance etcetra. This was over 2 years ago. We have been on holiday there on several occations and been to see estate agent and told each time all is in hand but surely after all this time we should now have the tapu.As anyone ever had to wait longer than this that you know of.I would appreciate your advice.Concerned for them as they have invested a lot of money.

please can you give some advice ? posted request 08.11.06 on this site. awaiting your reply.