Foreigners warned to be vigilant in property acquisition process

“[Foreigners] pay first and expect the documents and the title deed to arrive later,” said lawyer Şükrü Üstek. “But the title deed never comes. They should examine or have an expert examine the legal documents of the property they plan to buy before making any payment. Otherwise, they will need to start legal proceedings to seek for or to protect their rights. I recently took three new cases. As mayors change, applications may change. For instance, some mayors turn a blind eye to illegal constructions. And then, when the new mayor comes, he or she bombards the property with fines and moreover may even take a demolition order.”


 


The meeting on March 12 was organized by the Herodotus Academy Association, an education NGO that aims to promote the well-being of seniors, at the municipality’s assembly hall. The meeting sought to address several problems that are being faced by foreign residents in the southwestern province of Muğla’s Bodrum district. There are an estimated 3,500 foreign residents in Bodrum.


 


Around 30 people attended the meeting, most of them British, Dutch and Danish citizens who have had problems in property purchases and have ongoing lawsuits.


 


Herodotus Academy Association President Selçuk Şahin said the aim of the meeting was to shed light on the legal problems created by difficulties experienced by foreign residents in their property exchanges.


 


Since the beginning of the 1960’s, foreigners have chosen to settle in Bodrum and buy property, Şahin said, adding that such a meeting would help raise awareness among more foreigners and prevent victimization.


 


Examine the title deed


 


Üstek said there was a difference between divided ownership (condominium ownership) and easement rights during title deed proceedings. Üstek also warned foreign residents who plan to buy property in military zones with limitations to pay extra attention to control divided co-ownerships, title deeds, settlements and whether or not the necessary legal permits have been taken.


 


The lawyer said the majority of foreign residents assume that proceedings in Turkey were similar to their own countries or European countries and that top-quality, reliable service would be provided to them once they sign a contract and pay for the services. Instead, he said, foreigners must carefully follow the entire process to avoid huge problems later.


 


British citizen Christine Davies also said it was found out that some real estate agents lease property for 99 years with the pretense of “a sale.”


 


Paid 70,000 pounds; no deed


 


One of the attendants, Brit Almain Lambers, said he had paid 70,000 pounds eight years ago to buy a villa in Bodrum.


 


“For two years, we lived in the villa we bought as a gift to our grandchild. While we were waiting to receive our title deed, we were completely shocked when some people arrived at our house and told us that they had bought the house and that they have the title deed and we should evacuate,” Lambers said. “The contractors who built the villas are nowhere to be found because they went bankrupt. We cannot reach those people who the contractors handed over the villas and plots in exchange for their debts. We had to start legal proceedings through our lawyer to take back the house we had already paid for. We have been visiting the courts for six years. If nothing comes out, we will take the case to the European Court of Human Rights.”


 


‘Proceedings are longer than my life’


 


After spending their vacations in Bodrum for 20 years after coming from the United Kingdom, a retired British post office manager said he had bought a villa for $300,000 seven years ago.


 


“But I have still not received my title deed. The court case I started has been going on for six years. It looks as if my life will not be long enough to see the day the title deed is issued. If I can find a buyer I can sell my villa, I will go back to my country,” said the man.


 


David Good who has been living in nearby Yalıkavak for six years said, “About 90 percent of foreigners who have bought property in and around Bodrum are experiencing legal problems. Among them are cases that have been ongoing for 10 years. Because of this reason, several victims have started taking their cases to the European Court of Human Rights. Turkey might be penalized because of those cases. To avoid this, serious legal arrangements and severe penalties against conmen must be introduced.”