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Power of Attorney

One of the issues that people who want to buy a property in Turkey are most interested in is whether a lawyer is needed when buying a property. Buying a property in Turkey is extremely simple. However, using a lawyer would save a lot of time and makes the purchase process stress-free and smooth. Therefore it is necessary to have detailed information about the subject. 

Recent legal changes and acquisition of Real Estate by foreigners in Turkey with Law No. 6302 amending the law on Land Registry and Cadastre, significant changes have been made in the conditions sought for the acquisition of real estate by foreigners. While the law adopted on 03/05/2012 eases the conditions imposed for foreign citizens wishing to acquire real estate in Turkey, some restrictions on the countries with which Turkey borders remain with the law.

The conditions for foreigners to acquire property in Turkey are among the most frequently wondered topics of recent times. In accordance with Article 35 of Law No. 6302, which entered into force in May of the Land Registry Law No. 2644, the practice of seeking reciprocity in the acquisition of a real estate by foreigners in our country has been abandoned. Foreigners who have the right to buy a land or field in Turkey must inform the Ministry of Environment and Urbanism about how to build a structure on this land within two years from purchase.

Various facilities are provided for foreigners to invest in Turkey. In this direction, some companies and lawyers provide consultancy services to individuals. Although you do not have to hire a lawyer to buy a property in Turkey, foreigners who do not dominate the Turkish legal system must receive professional support in this regard. Even Turkish buyers are now using lawyers to protect their purchases. Buying a home is a significant investment, so investors should not risk it. Using a lawyer will ensure your real estate purchase is safe, and nothing goes wrong. 

A lawyer’s job will help with the contracts, checking the title deeds for debts and the property has all necessary documents and preparing your documents for you. If the lawyer is granted power of attorney then they can convert the title deed to your name and complete all the property purchase at the title deed office on your behalf.

Power of attorney is expressed as leaving someone in their place and authorizing them to do their job. In the case of granting a power of attorney to someone in the presence of a notary, that is, if he is appointed as a proxy, various operations can be performed according to the powers granted. Investors usually grant power of attorney to lawyers if they cannot stay in Turkey for a long time or cannot visit Turkey. Therefore they grant power of attorney to a lawyer so they act on their behalf. 

In this direction, investors who want to invest in real estate in Turkey are also curious about whether their business can be taken care of by proxy. Now let us look at whether real estate can be bought with power of attorney.

The power of attorney specific to title deeds must be arranged in a notary public. Power of attorney must be arranged according to the identity card or passport. The land registry office does not accept the power of attorney arranged according to another identity document. On the power of attorney, it is mandatory to paste a photo of the power of attorney taken in the last six months. Older dated photos are not accepted by notaries. 

Granting power of attorney to a lawyer can help with the following 

  • Buying, selling, or renting your Turkish real estate.
  • Managing your home for rentals.
  • Handle bank transactions on your behalf.
  • Conduct litigations on your behalf.
  • Conduct investments on your behalf.
  • Take care of taxes on your behalf.

As for the location of the real estate, “the sale of my real estate within the borders of the Republic of Turkey…” may be given broad authority. For example, “to sell my real estate located within the borders of Adana province or Adana province, Ceyhan district…located in the neighborhood…”. He can even fully embody the authority by writing the neighborhood/village and island parcel of the real estate. If the land registry office approves the power of attorney “as original”, it is possible to make transactions with this power of attorney in other land registry offices. 

The person who will be given a proxy during the land registry operations must be selected from among lawyers or real estate consultants. Besides, the person who will be granted power of attorney must not be a minor and have it. Besides, the person’s knowledge of Turkish and literacy are among the other important considerations. You can also get the title deed by proxy by getting detailed information on this issue.

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