The contract made during the real estate purchase and sale transactions may make both the seller and the buyer aggrieved by the malicious parties. Attorney Ali Göymen told TRT Haber about the ways to prevent grievances that may arise during the drafting of the contract.
“Immovable sales contract is subject to official form condition”
Lawyer Göymen gave the following information about the arrangement of the immovable sales contract:
“A immovable sale contract is a contract that transfers the ownership of an immovable and regulates its conditions. According to Article 237 of the Civil Code, the immovable sale contract is subject to the official form condition. By the official form condition, we mean that these contracts must be made at the notary public or the land registry. However, in some cases, especially the contractor or Ordinary written contract may also be valid for the immovables purchased from the contractor.
“Ordinary contracts can also make victims”
Mentioning that some immovable sales contracts with the contractor can also be arranged in ordinary terms, Göymen said:
“Technically, when the contractor is given a transaction and ordered to do a job, it is paid as a price, but in some cases, the employer can pay this price by giving a share of the land share, instead of being in cash or something of its value. “We call it a construction contract. In this case, a different situation occurs, an exception actually occurs. The contractor can also transfer the immovable shares he bought from here to the citizens, that is, to the outside consumers. In this case, these transfers are valid when the transfer is made with a common written contract.”
“The consent or signature of the spouses is not required in all cases”
Stating that the consent of the spouse is not required during the transactions made in the land registry or notary public, Göymen continued his words as follows:
“However, if a bank loan is used in the transaction and the person using the loan, that is, someone other than the guarantor buyer, the consent of the guarantor’s spouse may be required. A sale can also be made through a real estate agent or someone else, with this special authorization by a power of attorney issued by a notary public. This action cannot be performed.”
“Penal provisions are also subject to official form”
Göymen, who answered our questions about the penal conditions in the real estate sales contracts, where the most victimization is experienced, told the following:
“The transaction is valid if a contract is made in accordance with the official form requirement at the notary public and a penal clause is issued there. However, it is not valid if the sale of an immovable is written on an A4 paper, which we call ordinary writing, and a penal clause is drawn up there.”
You can get your deposit back
Stating that one of the most victimized issues during sales contracts is the deposit, Göymen said, “The incident that we said, ‘If you give up, I will not return this deposit to you,’ is actually a penal clause. Since the penal clause is not valid in the articles of association, he has to return the deposit in this contract as well.” .
Be careful when buying real estate from soil, foundation, project or model!
Preferences such as taking from the soil, taking from the foundation, taking from the project or choosing from a model are quite common among the people. Göymen gave the following information about what should be considered in this purchasing method:
“The first thing we need to do there is to ask for the contract that the contractor has made with the land owner. When we look at that contract, it means that the contractor can transfer the flat offered to us if the contractor deserves it. If it meets these conditions, we can sign the contract with the contractor that we call ordinary there. That contract is valid. O Our title in the contract is the consumer.”
