CANCELLATION OF REAL ESTATE SALE AND REFUND OF PAYMENT

Introduction

In Turkey, the transfer of real estate ownership is subject to a strict form requirement — a valid transfer can only take place through an official title deed transaction at the Land Registry Office. Nevertheless, in practice, many individuals — particularly foreign nationals — enter into private (informal) agreements to purchase property, which often leads to legal disputes.

These so-called "preliminary" or "private" contracts, even if notarized, do not transfer legal ownership of the property. Instead, they are only considered as evidence of a claim or intention. If the seller refuses to complete the transfer or defaults, the buyer may need to initiate legal action to cancel the transaction and recover the money paid.

Legal Process Overview

1. Document Review and Evidence Collection

The first step is gathering all available evidence, including the private contract, bank receipts, messages (WhatsApp, email, SMS), and witness testimonies.

2. Official Notification via Notary (Legal Warning)

A formal legal notice is sent to the seller through a notary, demanding either the transfer of the property or the refund of the money paid.

3. Filing a Lawsuit

If the seller fails to comply, the buyer can initiate a lawsuit before the Civil Court of First Instance, usually based on unjust enrichment or breach of contract. If there are signs of fraud, a criminal complaint can also be filed.

4. Request for Precautionary Injunction

The court may issue a temporary injunction to prevent the seller from transferring the property to third parties during the proceedings.

5. Refund and Legal Interest

If the court rules in favor of the buyer, the seller will be ordered to return the amount paid, along with legal interest accrued from the date of payment.

What We Offer at Özocak & Altun Law Firm

Located in Mahmutlar, Alanya, Özocak & Altun Law Firm provides effective and multilingual legal services for clients who have entered into private real estate agreements and face disputes regarding property transfer or payments.

We provide:

• ✅ Free contract review: We examine your documents and evaluate the legal risks at no initial cost.

• ✅ Multilingual support: Our team handles contracts and communication in English, Russian, and German.

• ✅ Fast notarial notice preparation: We prepare and send official notices within one business day.

• ✅ Full litigation and enforcement services: We initiate civil or enforcement actions for recovery of funds.

• ✅ Criminal complaint procedure: In suspected fraud cases, we handle the criminal filing and represent you before prosecutors.

• ✅ Settlement and negotiation services: We offer structured settlement discussions if an amicable resolution is possible.

Conclusion

Entering into a private agreement for property purchase does not guarantee ownership transfer and may result in financial loss. However, with timely legal intervention and professional guidance, recovering the amount paid is possible. At Özocak & Altun Law Firm, we support both local and foreign clients in navigating these disputes and ensuring their rights are protected through every legal channel available in Turkey.