Agency in Real Estate Sale: Conditions and Requirements

Can a property be sold by proxy in Turkey?

Many investors in the Turkish real estate sector resort to authorizing other people to handle the procedures of selling or buying property in Turkey by registering a legal power of attorney for a trusted person to follow up the procedures of freehold or sale and their related matters. This aims to save a number of steps and procedures for the new property owner or seller, so their agent represents them before the official departments in the process of registering the property and following up on some routine matters.

There is no legal objection in Turkey to authorizing natural or legal persons to conduct transactions of freehold, sale, benefit from, maintain, or follow up on property taxes, and so on.

Turkey follows a smooth and facilitated policy in procedures of title transfer and its consequences, with legal controls that guarantee rights, and according to an easy mechanism without many complications.

By registering an official power of attorney with a notary public, known in Turkey as the noter, official transactions can be executed on behalf of another person through this document (the official power of attorney), which allows the execution of many official transactions according to the scope and restrictions contained in the power of attorney. It is possible to buy, sell, or rent properties based on it. The official power of attorney given to execute freehold transactions by another person is called: the official power of attorney for the title deed.

Each party in a real estate transaction, whether a buyer, seller, or someone wishing to rent out their property, can carry out their transactions through an officially registered power of attorney in the official departments (noter or Turkish representations abroad, such as embassies and consulates).

What are the conditions for a power of attorney in selling property?

The power of attorney is governed by a clear legal formula that defines the procedures allowed by the principal to their agent. The laws stipulate certain controls in this regard, such as prohibiting the transfer of ownership to a person who acts as both the seller's and buyer's agent at the same time.

As mentioned earlier, this is done by authorizing a person through a legally registered power of attorney at one of the Turkish embassies or consulates in your country, or through notary public offices "noter" if you wish to grant the power of attorney from within Turkey.

With an official power of attorney issued by a notary public, official transactions can be executed on behalf of the person who granted the power of attorney. This document includes the ability to execute and complete many official transactions, in addition to buying, selling, or renting properties.

The official power of attorney given to execute title deed transactions by another person is also called: the official power of attorney for the title deed.

For this reason, some matters related to the power of attorney must be considered before carrying out any transaction, the most important of which are:

• Ensuring the accuracy of the information of the people who issued the power of attorney. As previously explained, the power of attorney can only be issued by the responsible authorities, such as: the notary public.
• Verifying the authenticity of the official information of the person granted the power of attorney. The power of attorney must be issued according to the identity card or passport of the concerned person.
• What does the power of attorney authorize and what does it prohibit? It is essential that the power of attorney contains an explicit formula covering the issue of buying and selling properties or dealing with a specific property. It is necessary to specify the subjects for which the power of attorney is granted to the person receiving it.
• Limits of the power of attorney: It is essential to have a clear statement of the scope and limits of the power of attorney.
• Defining conditions: The time, place, and status of the transaction must also be specified within the power of attorney.
• If the principal dismisses the person authorized by the power of attorney, the land registry office must be immediately notified of this situation.
• If the power of attorney is written in a foreign language, it must be translated and certified by a sworn translator.
• The date of the power of attorney must also be verified, taking into account the comparison between the date of issuance and the date of acquiring the property, or any important note related to the date.
• Additionally, if you wish to obtain a license to sell immovable property and other property-related matters, this authorization must be clearly specified in the official power of attorney.

Learn more about the guide to buying property in Turkey and the importance of investing in Turkey 2023

Who can be authorized to sell property?

Turkish law allows authorizing others to carry out sale and purchase procedures with great ease, whether these persons are:

• Natural persons: such as authorizing a friend, partner, or relative of close or distant degree.
• Or legal persons: meaning a group of people with an independent legal entity aiming to achieve a specific purpose. This entity has legal personality within the limits of this purpose, and according to the law, the legal person enjoys all the rights that a natural person enjoys, except those inherently related to human nature.

It should also be noted that the seller and buyer cannot be the same person. They must be two different natural or legal persons.

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What documents are required to sell property by proxy?

First, the general or special official power of attorney related to the sale process must be organized by the notary public/noter, and this procedure requires presenting a number of documents as follows:

In the case of authorizing natural persons:

• The identity card or passport containing the Turkish identity number of the person who will provide the official power of attorney for the title deed.
• Two recent passport-sized photos taken within the last 6 months.

In the case of authorizing legal persons:

• The signature circular of the authorized person.
• Birth certificate.
• A signed document containing instructions from the authorized person.

The power of attorney procedures are then completed in the presence of the notary public and their testimony, officially registered, assigned an official number, and copies are delivered to the concerned parties while a copy is kept in the noter's records.

In cases where an official power of attorney issued outside Turkey is used, the official power of attorney must be translated into the relevant country's language by a sworn translator.

Important things to consider when selling property by proxy

While the official power of attorney for selling or freehold of property is issued at the notary public, its scope must be defined in clear terms such as: "sale of a specific property" or "rental of properties." If the power of attorney is not clearly defined regarding any transaction, the land registry administration and directorates do not take any action based on this power of attorney.

Additionally, it is useful to clarify the limits of the power of attorney. For example, property address information can be included.

It is important to note that if the expiration date of the official power of attorney is not specified, the power of attorney remains open without a specific end date. Powers of attorney that are still valid can be used again for another transaction within the defined scope of authority. When authorizing someone through an official power of attorney at the notary public, it is advisable to specify the period, such as writing a note: "The power of attorney is valid for 3 months."

If the expiration period of the power of attorney is not specified and the principal wishes to cancel this power of attorney or exclude some of its members, the cancellation can be executed by applying to the land registry office or notary public to terminate the official power of attorney. Once this process is completed, the appointed agent can no longer take any action.

Imtilak Real Estate acts on your behalf in all legal matters related to the property

Imtilak Real Estate offers you a range of advanced services in the field of real estate in Turkey, which has given it a leading position in this vital sector, with clients’ trust in the quality of these services.

Our team includes the largest advisory team in the real estate field, and a selection of Arab and Turkish lawyers and legal experts who speak your various languages.

We guarantee our clients a smooth freehold process without any obstacles, with our full readiness to facilitate the journey of direct freehold or through an agent, or even by authorizing our team to manage your properties and follow up on their affairs.

Imtilak Real Estate also has extensive experience in after-sales services, contract organization and auditing, and ensuring the legal finalization of sales contracts to protect investors’ rights and ensure the registration of all legal documents required for real estate freehold transactions in Turkey.

This is in addition to a wide range of other services that include the freehold process and what precedes it, as well as professional after-sales services, decoration, property management, following up on citizenship matters through property freehold, and much more...

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Edited by: Imtilak Real Estate©