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Can the deposit be refunded in case of termination of the sale contract in Turkey?

Can the deposit be refunded in case of termination of the sale contract in Turkey?

September 26, 2023

Despite the fact that any real estate transaction is confirmed by signing a sales contract, the contract itself is not a document confirming the transfer of ownership. The transfer of ownership is only certified by a certificate of registration of ownership. In Turkey it is a tapu.

Important: Contracts executed by a notary (Satış vaadi sözleşmesi) or executed at the Cadastral Office are legally binding. If you have such a contract, the possibility of returning the deposit (kapora) depends on the clauses in the contract, namely:

"bağlanma parası" - the deposit is refundable

"cayma parası" - the deposit is non-refundable.

It is also important that the reasons and conditions for return/non-return of the deposit are clearly stated in the contract.

A simple written contract that does not conform to the official form is not valid, so if such a contract is concluded, the buyer always has the right to return the deposit.

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