ndelivered Apartments in Alanya Despite Sales Promise Agreements: A Legal Guide for Foreign Buyers

Introduction: A Growing Problem in Alanya

Alanya has become one of Turkey’s most popular destinations for both tourism and foreign real estate investment. However, in recent years, many foreign buyers have faced serious issues after signing a "preliminary sales agreement" (also known as a promise-to-sell agreement) and paying in full, only to never receive the apartment they purchased. This situation often leads to not only financial losses but also complicated legal challenges.

In this article, we provide a detailed legal roadmap for foreign buyers who have entered into a real estate sales agreement in Alanya but have not received possession of the promised property.

What Is a Preliminary Sales Agreement and How Secure Is It?

A preliminary sales agreement is a private contract in which one party commits to selling a property at a future date. Under Turkish law, this contract is legally binding but gains real strength when notarized and registered with the Land Registry.

Key points for foreign buyers:

• The agreement should be signed before a notary public.

• The contract must be annotated (registered) at the Land Registry Office to be enforceable against third parties.

• Agreements made in writing without notarization may not be sufficient as legal evidence in court.

Many foreign investors in Alanya unknowingly enter into agreements without proper legal protections, increasing their risk.

Common Types of Buyer Grievances in Alanya

• Failure to complete the construction project and deliver the apartment

• Selling the same apartment to multiple buyers (double sale)

• Keeping the title deed in the name of the developer

• Developer bankruptcy or disappearance

• Lack of legal zoning and construction permits, making it difficult to prove rights

These problems are particularly common among foreigners who invest in off-plan properties or new development projects.

Your Legal Rights and Recommended Actions

1. Requesting an Injunction (Cautionary Annotation) on the Property

If your agreement is notarized, you can request a court-ordered injunction to place an annotation on the title deed to prevent the developer from selling the property to someone else.

2. Title Deed Cancellation and Registration Lawsuit

If you have a valid and notarized sales promise agreement, you can sue the developer in civil court (Alanya Civil Court of First Instance) to register the property in your name — even without the developer’s consent.

3. Compensation and Refund Lawsuit

If the property is not delivered, you may file a lawsuit to claim a refund for the amount paid, as well as any financial or moral damages you’ve suffered.

4. Criminal Complaint for Fraud

If the developer acted with fraudulent intent, you may also file a criminal complaint with the Public Prosecutor’s Office under Articles 157 and 158 of the Turkish Penal Code, which covers qualified fraud.

Additional Risks for Foreign Buyers

• Difficulty understanding contracts due to language barriers or poor translations

• Lack of legal guidance during the transaction

• Inability to follow Turkish legal proceedings from abroad

• Blind trust in sample contracts provided by developers

For these reasons, working with an experienced real estate lawyer in Alanya is highly recommended to avoid future disputes and protect your rights.

Step-by-Step Legal Process

1. Collect the sales agreement and all payment documents

2. Review land registry and building license documents

3. Evaluate the legal and financial status of the developer

4. File a lawsuit with precautionary measures

5. Initiate criminal proceedings if necessary

With the right legal strategy, many foreign buyers have successfully reclaimed their rights through Turkish courts.

Conclusion: Pursuing Your Rights Is Your Legal Remedy

Many foreign investors in Alanya have fallen victim to undelivered apartments despite having signed sales agreements and making payments. However, the Turkish legal system provides robust mechanisms to protect buyer rights. If you have a valid agreement and supporting documents, it is possible to claim your title deed or recover your financial losses.

Remember: Not all contracts protect you. But a well-drafted agreement and a qualified legal advisor can save you from major risks.

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For legal support regarding real estate law, property disputes, and developer conflicts in Alanya, contact our law office.