The developer does not receive a claim
Ilya asks:
Good afternoon!
We bought an apartment in Avsalar 3 years ago through one of the "best" agencies, construction was completed 1.5 years ago, but the house was not commissioned, there is no search. A month before the construction was completed, the realtor hurried us to get a tapu, saying prices then rise more expensive, etc.
The tapu was received, in the contract after receiving the tapu, the realtor is not involved, but the realtor gives feedback, always in touch.
1.5 years have passed, the house has been fully completed for a year, but there is no search.
Can you tell me what to do?
Expert answers (1)
(FethiyeDom)
Good afternoon! Unfortunately, your situation is not uncommon in Turkey, especially in new projects. Here are a few steps that will help you figure out and speed up the process of getting a loan:
1. Clarifying the status of iskan
Contact the municipality (Belediye) Avsalar to find out the current status of receiving the iskan. Sometimes the developer faces administrative or technical problems that delay the process.
Find out if all taxes and duties required to receive the claim have been paid. Often, the developer does not cover the obligations, which slows down the issuance of the document.
2. Verification of the developer's obligations
Carefully review your purchase and sale agreement. It should specify the deadlines for the completion of the house and the responsibility of the developer for the delay.
If the developer violates the terms of the contract, you have the right to contact a lawyer to prepare a claim.
3. Contacting the developer
Contact the developer directly (if you haven't done so before). Ask them to explain why the receipt of the claim is delayed. Often, the delay is due to the lack of permits or the developer's debts to the state.
4. Legal assistance
Contact a lawyer specializing in real estate in Turkey. He can:Analyze the contract.Send an official complaint to the developer. If necessary, prepare a lawsuit in court.
5. Risks in the absence of an iscan: Without an iscan, an apartment is officially considered uninhabitable, and this may create problems in the future, for example, when selling real estate.
Make sure that your tapu (certificate of ownership) is indeed registered in the cadastre (Tapu ve Kadastro Müdürlüğü) and it has no restrictions or encumbrances.
6. Connection to housing and communal services
If you are using an apartment, but there is no gas in the house, it is likely that utilities (water, electricity) are connected temporarily or to the developer. This may also be a problem in the future.
7. Contact with other owners
If there are other owners in your house, try to come together to resolve the issue. Collective action is often more effective.
The situation can be resolved through the municipality or with the help of a lawyer. Try to find out the main reason for the delay. If the problem is not solved by the developer, legal measures are your best tool.
1. Clarifying the status of iskan
Contact the municipality (Belediye) Avsalar to find out the current status of receiving the iskan. Sometimes the developer faces administrative or technical problems that delay the process.
Find out if all taxes and duties required to receive the claim have been paid. Often, the developer does not cover the obligations, which slows down the issuance of the document.
2. Verification of the developer's obligations
Carefully review your purchase and sale agreement. It should specify the deadlines for the completion of the house and the responsibility of the developer for the delay.
If the developer violates the terms of the contract, you have the right to contact a lawyer to prepare a claim.
3. Contacting the developer
Contact the developer directly (if you haven't done so before). Ask them to explain why the receipt of the claim is delayed. Often, the delay is due to the lack of permits or the developer's debts to the state.
4. Legal assistance
Contact a lawyer specializing in real estate in Turkey. He can:Analyze the contract.Send an official complaint to the developer. If necessary, prepare a lawsuit in court.
5. Risks in the absence of an iscan: Without an iscan, an apartment is officially considered uninhabitable, and this may create problems in the future, for example, when selling real estate.
Make sure that your tapu (certificate of ownership) is indeed registered in the cadastre (Tapu ve Kadastro Müdürlüğü) and it has no restrictions or encumbrances.
6. Connection to housing and communal services
If you are using an apartment, but there is no gas in the house, it is likely that utilities (water, electricity) are connected temporarily or to the developer. This may also be a problem in the future.
7. Contact with other owners
If there are other owners in your house, try to come together to resolve the issue. Collective action is often more effective.
The situation can be resolved through the municipality or with the help of a lawyer. Try to find out the main reason for the delay. If the problem is not solved by the developer, legal measures are your best tool.
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