Preliminary Sales Contract

A preliminary sales contract lets both sides commit to a binding promise before the actual title transfer takes place, and it has to be drawn up before a notary to have legal effect. It’s especially common when buying off-plan or from a scale model, and — if requested — it can be annotated on the title deed at the relevant land registry office, which makes it enforceable against third parties too. Certain consumer protections that apply to pre-paid housing sales also come into play under this type of contract.

Average Processing Time: Depends on the notary appointment; usually drawn up quickly
Where It’s Drawn Up: A notary’s office
Validity: If annotated on the title deed, it becomes enforceable against third parties too

Initial Assessment

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Who It’s For

Foreign nationals buying property off-plan or from a scale model

Legal protection matters before construction is finished.

Buyers and sellers wanting a binding commitment before the actual title transfer

The contract binds both parties until the transfer takes place.

Parties structuring the payment as instalments

The instalment schedule needs to be spelled out in detail in the contract.

Those wanting the contract terms protected against third parties through a title deed annotation

The annotation offers extra protection against the property being transferred to someone else.

Required Documents

Identity/passport details of the parties

Title or project details for the property being promised for sale

For off-plan purchases, the specific unit number needs to be clear.

Details on the price and payment plan

Instalment amounts and dates need to be clearly stated.

Building permit and project approval documents, if available

For off-plan purchases, we separately confirm these documents exist.

Deposit or advance payment receipt

A notarised power of attorney, if signed through a representative

If issued abroad, an apostille is required.

Sworn translator arrangement, if needed

A translator is present at the notary if one party doesn’t speak Turkish.

The document list can vary by application reason and personal circumstances; the current requirements of the Provincial Directorate of Migration Management apply.

Process Steps

01

Setting the Contract Terms
Varies by case

The parties agree on the price, payment plan, and delivery conditions.
02

Drawing It Up at the Notary
Depends on appointment

The preliminary sales contract is executed before a notary.
03

Annotation on the Title Deed
A few days

If requested, the contract is annotated at the relevant land registry office.
04

Following the Payment Plan
For the duration of the contract

Instalments proceed according to the schedule set out in the contract.
05

Moving to the Actual Title Transfer
Depends on the payment plan

Once the conditions are met, the actual title deed transfer takes place.

Not sure whether your situation fits this process?

Initial Assessment

Legal Basis

Turkish Code of Obligations No. 6098

Sets out the general rules on preliminary contracts and promises to sell.

Notary Public Law No. 1512

Contains the requirement that a preliminary sales contract be executed before a notary.

Consumer Protection Law No. 6502

Sets out consumer protections that apply to pre-paid housing sales.

Common Mistakes

Not having the preliminary sales contract annotated on the title deed

Without the annotation, the buyer has weaker protection if the property is transferred to someone else.

Not checking the occupancy permit and floor easement status when buying off-plan

If these are missing, the title transfer can be delayed even after construction is finished.

Relying on a verbal agreement instead of a written, notarised contract

Without meeting the legally required form, a verbal agreement may not be enforceable.

Not reflecting the payment plan fully and in detail in the contract

A vague instalment schedule can lead to disputes between the parties later.

Leaving the withdrawal and termination conditions unclear in the contract

This ambiguity makes it disputable what rights arise if one party backs out.

Frequently Asked Questions

No, the title transfer is a separate step; this contract provides binding protection until then.

The law requires this specific form for such contracts; skipping the notary makes it harder to enforce.

It’s not mandatory, but we recommend it because it adds protection against third parties.

We review documents like the building permit and floor easement together during a consultation.

This depends on the withdrawal and termination clauses in the contract; we clarify these together.

A contract annotated on the title deed offers meaningful protection against this risk.

Certain protections apply under Consumer Protection Law No. 6502; we go into the details based on your situation during a consultation.

Related Services

Title Deed Process for Foreign Buyers The title deed process for a foreign buyer starts with a check on whether the property sits within a military or security zone, followed by booking an appointment at the land registry office. Property Valuation Report A valuation report is an official study that documents a property’s current market value through an independent body, and it’s requested by the land registry office when a foreign national is the buyer. Post-Purchase Taxes and Utilities Once the title transfer is complete, a new owner takes on a set of follow-up obligations: registering for property tax with the relevant municipality, arranging or taking over the mandatory earthquake insurance (DASK), transferring the electricity, water, and gas accounts into their own name, and clarifying the dues situation under the building’s management plan, if one exists.

This content is for informational purposes only and does not constitute legal advice.