Istanbul offers an important real estate market for both local and foreign investors. Transactions such as buying, selling and renting real estate in Istanbul are subject to legal regulations and mistakes in these processes can have serious legal consequences. A real estate lawyer is a lawyer who specialises in property purchase and sale, lease agreements, title deed transactions and other legal issues related to real estate. Benefiting from a professional legal consultancy for the healthy execution of real estate transactions in Istanbul protects both the buyer and the seller from legal problems.
What is Real Estate Law?
Real estate law covers all legal regulations related to immovable property. This area deals with the purchase and sale of real estate, lease agreements, title deed transactions, zoning plans, expropriation, mortgages and other transactions related to real estate. Real estate law is not only limited to the relations between the buyer and the seller; tenant-landlord relations, mortgages on real estate, tax obligations and transactions with the state are also within the scope of this branch of law.
Scope of Real Estate Law
-
Buying and Selling Real Estate: Buying and selling real estate is a process in which legal procedures must be followed meticulously. Issues such as title deed procedures, transfer of ownership, sales contract are included in this area.
-
Rental Agreements: Both rental agreements and the rights and responsibilities between the tenant and the landlord are regulated.
-
Mortgages and Guarantees: Real estate mortgages and security transactions are also part of real estate law.
-
Zoning and Construction: Zoning plans, building licences, condominium laws and construction rules are also included in this area.
-
Expropriation: Expropriation of real estate by the state, rights and compensation in this process.
Legal Aspects of Real Estate Transactions in Istanbul
Buying, selling and renting real estate in Istanbul is quite common. However, there are many legal details to be considered in these transactions. Mistakes to be made during real estate transactions can lead to financial losses for the parties. Legal mistakes regarding real estate law can be as follows:
-
Land Registry Transactions: Transactions with the land registry office require the correct documents and procedures to be fulfilled in full. Incorrect title deed registration or buying and selling the wrong property can create serious legal problems.
-
Mortgaged Property Sale: If the property purchased is a property with a mortgage or lien on it, the buyer may not be aware of this and this may lead to legal problems.
-
Breaches of Lease Agreement: Disputes between the tenant and the landlord, breaches of contract or problems with rent payments can have serious legal consequences.
-
Zoning and Construction Violations: Problems such as buildings that do not comply with the construction rules, illegal constructions, violations of construction licences and zoning plans may expose real estate owners to legal problems.
What Does a Real Estate Lawyer Do?
A real estate lawyer provides legal advice and support on issues such as real estate purchase and sale transactions, lease agreements, mortgaged real estate, title deed transactions. In addition, he represents his client in court in disputes related to real estate. Here are the main services provided by a real estate lawyer:
Property Purchase-Sale Transactions
It is very important to protect the rights of the parties during property purchase and sale transactions. The real estate lawyer represents his client at every stage from the preparation of the purchase and sale contract to the title deed transactions. In this process, the lawyer identifies possible legal problems in advance and protects the legal rights of the parties.
Lease Agreements
Rental agreements are the most fundamental documents between landlord and tenant. The real estate lawyer helps to prepare the lease agreement in accordance with the law, to supervise the provisions of the contract and to secure the rights of the parties. In addition, it offers legal solutions to disputes arising from the lease agreement.
Mortgaged Properties and Collateral Transactions
Buying and selling a mortgaged property requires a legal process. The lawyer ensures that the rights of the parties are protected during the sale of the mortgaged property and helps to make a sale in accordance with the relevant legal regulations.
Expropriation and Zoning Disputes
Expropriation proceedings involve problems that may arise in the process of the state taking real estate. A real estate lawyer defends the rights of the property owner during the expropriation process. In addition, he also provides legal support to his client in disputes on issues such as construction licences and zoning plans.
Resolution of Property Disputes
In any legal dispute related to real estate, lawyers prepare their clients for the court and initiate the necessary litigation processes. Shareholder disputes, title deed errors or lease agreement violations are also issues that lawyers deal with.
Benefits of Working with a Real Estate Lawyer in Istanbul
In a big city like Istanbul, real estate transactions can be complex. A professional real estate lawyer can help you manage your transactions in a healthy way within the legal framework. Some of the benefits of working with a real estate lawyer are as follows:
-
Prevention of legal risks: The lawyer ensures that real estate transactions are carried out in accordance with legal regulations and helps you avoid any legal risks.
-
Preparation of contracts in accordance with the law: The real estate lawyer ensures that the purchase-sale and lease agreements are prepared correctly and completely in legal terms.
-
Resolving disputes: In real estate disputes, lawyers defend their clients’ rights and find the best way to resolve disputes.
Contact Us
In order to ensure that your real estate transactions in Istanbul proceed smoothly from a legal point of view, you need to work with a professional real estate lawyer. As a team specialised in real estate law in Istanbul, we guide you through the purchase and sale of real estate, leasing transactions and dispute resolution. You can contact us to protect your legal rights.