In competitive Turkish property markets—especially in coastal cities and prime districts of Istanbul—buyers frequently sign a notarial Sales Promise (satış vaadi) before the actual title transfer, pay an earnest money amount to secure the deal, and request an annotation (şerh) at the land registry to protect priority. This pre-closing phase concentrates the highest legal and financial risk: miss the notarial form, and the promise becomes unenforceable; miss the annotation, and a later mortgage or sale to a third party may leapfrog your place; mishandle earnest money, and you may lose liquidity without a clear remedy. This guide explains, in plain English and with a risk–solution mindset, how notarial form, annotation, earnest money, and escrow can work together to turn promises into enforceable rights. It also maps off-plan safeguards, staged payments, delivery/defect provisions and how they interact with encumbrances and mortgages, so that you do not discover after signing that your “priority” was only rhetorical. Where desks and timelines differ—as they often do across provinces and years—we flag that practice may vary by province/authority and year. For end-to-end orchestration, a methodical law firm in Istanbul partnering with an experienced English speaking lawyer in Turkey will keep names, dates and payments aligned across notary, registry and bank. This is the disciplined posture that seasoned Turkish lawyers apply daily, and it is why many international clients retain a reputable Turkish Law Firm or a lead lawyer in Turkey from day one rather than at the first dispute.

Why Pre-Sale Contracts Matter for Foreign Buyers (Risk & Timing)

Foreign buyers often negotiate while documents are still being collected: the registry extract is pending, an appraisal is scheduled, bank approval is in progress, or the seller is consolidating inheritance paperwork. A properly drafted notarial Sales Promise bridges this gap by fixing the commercial terms, setting objective pre-conditions, and—most importantly—enabling a land-registry annotation that defends your priority while you complete diligence. Without that formality, a “reservation” on letterhead is typically just a private note; it binds neither the registry nor third parties. Because timing is everything in hot markets, the practical question is not “do we have a promise?” but “is our promise in the notarial form that lets us annotate the title today?” When the answer is yes, your file moves from aspiration to enforceable sequence.

Pre-sale contracts also structure money. Earnest money can motivate performance, but only if the contract spells out when it is forfeited, when it is refunded, and how it nets against the purchase price. Advance payments without conditions invite disputes, and cash exchanges without bank trails invite denial. Align every payment with a verifiable milestone—clean extract obtained, specific encumbrance released, annotation registered, delivery documents ready—and route funds through escrow accounts Turkey real estate or controlled bank instructions. That way, when a seller asks, “why won’t you release the second tranche today?”, you answer: “because our contract releases funds when the registry shows X and the notary has entered Y.” This is how a careful lawyer in Turkey reduces friction: by replacing argument with checklists.

Finally, pre-sale contracts turn scattered diligence into a single map for the notary and registry. Your annexes should include the latest registry extract, a summary of annotations/encumbrances (takyidat), identity and name-matching translations, and any off-plan permits or delivery schedules the seller relies on. Cross-reference our primers on title deed check Turkey and real-estate due diligence so that every promise in the contract is mirrored by a document in your file. This document-first posture is the reason international investors regularly ask a trusted Istanbul Law Firm to coordinate sellers, developers and banks; the coordination prevents the clerical mismatches that delay annotation and, ultimately, closing. It is also why many readers retain a boutique team that includes a bilingual notary liaison and a contracts-focused English speaking lawyer in Turkey rather than relying on marketing templates.

Notarial Form Requirement for Sales Promise: What “Düzenleme Şeklinde” Means

Under Turkish law, a Sales Promise for real estate must be executed “in düzenleme şeklinde” before a notary—i.e., as a notarial instrument drafted and read by the notary—if you want registry protection or to seek specific performance later. Private (adi) promises—PDFs, letters of intent, broker templates—may reflect commercial intent but lack the form required for registration and carry a much weaker enforcement profile. The notary verifies identities and capacities, reads and explains the clauses, and issues certified copies with registration references. In practice, the notarial form is your gateway to the land-registry annotation: most registries will not annotate a private promise. Where notaries differ in drafting style or annex requests, note that practice may vary by province/authority and year; your counsel should prepare a bilingual term sheet so the notary captures the exact milestones and remedies you negotiated.

The form is substance. A notarial deed that simply repeats “parties will transfer title later” does little; a deed that sequences pre-conditions, encumbrance releases, payment rails, delivery documents and remedies creates a script registries and banks can follow. Ask the notary to list annexes by exhibit letter (valuation report, current extract, encumbrance releases, developer letters) and to reference them in the clauses. If the seller acts through a representative, require the POA to be cited by date and notary office, and ensure the scope covers sales promises and registry liaison; cross-check our POA primer at power of attorney. Names must match across passport, tax registration and TAPU; translation hygiene—see legal translation Turkey real estate—prevents last-minute desk refusals.

Because the notary is a public officer, the deed’s wording will guide later adjudication. Clauses about earnest money, penalty, delay, defects, and termination should be measured and evidence-led rather than aspirational. For foreign buyers, a bilingual cover page and a faithful English annex are helpful for internal approvals, but the authoritative text at the counter is the Turkish deed. A careful law firm in Istanbul will workshop the Turkish language to avoid ambiguity and to ensure each promise can be checked: “Bank escrow will release X upon land-registry annotation no. … and delivery of release letter dated … for mortgage no. …” This is also where a responsive English speaking lawyer in Turkey adds value—translating deal logic into desk-readable clauses that leave little room for misinterpretation by third parties, including future lenders. Buyers who work this way rarely need a court, but if they do, the deed already reads like a judgment’s road map—a style that experienced Turkish lawyers and a reputable Turkish Law Firm cultivate by default.

Land Registry Annotation (Şerh): Priority, Effect and Typical Duration

A land-registry annotation of your notarial Sales Promise is the practical shield that keeps later transactions from cutting the line. Once entered, the annotation warns third parties and lenders that a promise exists and that a sale or encumbrance inconsistent with it may not bind the promisee or may trigger liability. In day-to-day terms, the annotation tells the market: “this unit is already spoken for.” If a seller attempts to pledge a mortgage after your annotation, your counsel has leverage to block or unwind the move or to insist on payout through escrow. Annotations are not indefinite; they travel with validity windows tied to the deed and the law, and must be used—i.e., followed by transfer within the agreed schedule—or extended via fresh instruments where permitted; practice may vary by province/authority and year. The tactic is simple: register the promise today, then manage the calendar so the annotation protects you until closing.

The annotation’s value depends on accuracy. The registry clerk will key owner names, parcel and independent unit identifiers, and deed references. A single digit error in unit or block can blunt protection. Bring a clean “identity sheet” to the registry: standardized municipal address, block/parcel (ada/parsel), independent section number, and exact owner names as they appear on the TAPU. If the project is off-plan and independent sections are not yet formed, the promise and annotation should reference the land parcel and the future allocation mechanics with drawings attached; this is contract law meeting registry reality. Cross-check with our due-diligence guides—title-deed checks and technical diligence—so the registry sees what the contract describes.

Annotation interacts with later actors. If a bank finances the seller or other buyers in the same block, your annotation should be visible in their due diligence; if it is not, expect friction later. Keep certified copies and attach the registry receipt to your escrow instructions, so the bank knows money moves only while the annotation is alive. If the seller claims a time-pressure story (“the annotation will be tomorrow”), pay only a nominal, refundable reservation and route the rest via escrow with a “no-annotation, no-release” rule. This is the habit of a cautious lawyer in Turkey and the operational standard of a disciplined Istanbul Law Firm: annotation first, serious money second. It is also why many investors appoint a bilingual notary liaison within a trusted Turkish Law Firm or a dedicated team of Turkish lawyers when speed matters.

Earnest Money vs Down Payment: Legal Nature, Refunds and Penalties

Earnest money (kapora) and down payment (avans) are different legal animals. Earnest money often functions as a performance signal with forfeit/refund logic: if the buyer defaults without cause, the amount may be forfeited; if the seller defaults, the buyer may claim return—sometimes doubled—depending on how the clause is drafted and the surrounding law. Down payments are pre-payments of price credited at closing; they typically lack automatic forfeit/refund mechanics unless paired with clear penalty or cancellation terms. In practice, the safest course is to avoid ambiguous “kapora/avans” labels and to write what happens, when and why: “If the buyer fails to complete X by date Y without excuse Z, escrow releases amount A to the seller as liquidated damages; if the seller fails to provide Q by date R, escrow returns A to the buyer.” This evidence-first style is what a precise law firm in Istanbul will insist on.

Refunds turn on conditions and proof. If inspection uncovers a mismatch (area errors, undisclosed encumbrances, missing permits) and your deed states that these are seller-cure items by a fixed date, your request to unwind or to reset the schedule should ride on documents: the registry extract showing the still-existing encumbrance, the municipal letter about missing occupancy permit, or the valuer’s note on the area discrepancy. Where the seller cures, escrow holds the money; where the seller does not, escrow returns it. Avoid side transfers and envelopes—bank rails align with tax and AML expectations and simplify later disputes. If you must litigate, documentary escrow logs and registry pages make a better record than chat apps. This is why an evidence-centric English speaking lawyer in Turkey will choreograph communications.

Penalty clauses should be proportionate and realistic. Draconian numbers invite resistance and judicial trimming; token sums invite gamesmanship. Tie penalties to real costs and lost opportunities, and stage them: a small sum for minor delay, a larger consequence for failure to cure disqualifying defects by a clearly stated date. In off-plan settings—addressed below—connect penalties to delivery readiness and defect lists, not to calendar dates alone. Finally, be explicit about force-majeure logic and documentary proof; “force majeure” without a paper trail restarts arguments you thought you resolved. A balanced set of clauses drafted by a careful lawyer in Turkey within a pragmatic Turkish Law Firm reduces conflict and speeds cure. International buyers who expect capital discipline often ask a seasoned law firm in Istanbul or a boutique team of Turkish lawyers to calibrate these numbers before signing.

Escrow & Payment Safety: Release Conditions, Milestones and Evidence

Escrow keeps promises credible by making money follow documents. A bank or notarial escrow instruction should list the exact release conditions, the documents that prove those conditions, and who verifies them. Early tranche: release upon registration of the annotation and delivery of a clean registry extract dated … with specified encumbrances removed. Second tranche: release upon delivery of mortgage release letter no. … and municipal confirmation of permit status. Final tranche: release at title transfer after the notary confirms signatures and taxes are paid. This sequencing replaces negotiation with checklists. For models and mechanics, see our explainer on escrow accounts; note that practice may vary by province/authority and year in how banks format instructions and what registries accept as proof.

Evidence discipline sustains leverage. Each release should generate a packet: the registry receipt or extract, the notary certificate, and, where relevant, a bilingual cover note that states which clause is satisfied. Store PDFs and stamped copies in a version-controlled folder. If a seller asks for a “goodwill” early release, the answer is in the contract: “escrow releases when the registry shows X and the notary issues Y.” Improving facts, not rhetoric, is the only safe shortcut. This is the habits-and-systems view that a meticulous Istanbul Law Firm brings to closings for cross-border clients.

Off-bank arrangements are the exception, not the rule. Where a project uses a developer escrow or a notarial blocked account, diligence should confirm true blocking and objective conditions. Marketing language like “funds held by developer” is not escrow. If a seller has legitimate cash-flow needs, negotiate a narrowly conditioned early tranche that is small, documented, and reversible if stated documents do not arrive. A grounded English speaking lawyer in Turkey will translate these sensitivities into clauses that survive audit and litigation, preserving trust while protecting your position. Buyers who negotiate this way rarely see surprises; when they do, the file already contains the remedy.

Off-Plan & Construction-Linked Payments: Delivery, Defects and Delay Clauses

Off-plan purchases require tighter drafting because you are funding a promise to build, not an already existing, registrable unit. The notarial Sales Promise should attach approved drawings, permit references and a delivery program that ties each construction milestone to an objectively verifiable document—inspection reports, progress certificates, or municipal sign-offs—rather than to calendar dates alone where possible. Where a developer proposes a pure date schedule, temper it with “whichever is later” or “subject to completion of the following deliverables” wording so payment never outpaces the state of the works. In addition, link the last tranche to a delivery pack that includes handover minutes, keys and codes, a snag list procedure, and the documents you will need for utilities and insurance; this keeps operational life aligned with legal completion and reduces the risk that you “own” a unit you cannot immediately use.

Defect and delay clauses should read like a field manual. Define “delivery readiness,” set a protocol for snag identification with time-stamped photos, and establish cure periods with clear escalation: notice, remedy, re-inspection, and, if unresolved, a monetary consequence or a retention holdback. The retention, held in escrow or as a blocked amount, should only be released when the contractor or developer closes the open items documented in the snag list; absent that control, repeated promises can consume weeks without measurable improvement. In parallel, define what happens if material changes creep into the build (layout, finishes) and how price or delivery must be adjusted; without a change-order rule, informal substitutions become entrenched by usage and are harder to reverse later.

Delivery rarely equals perfection in one day, so your Sales Promise should separate legal title transfer from practical handover in a way that protects both sides. If you accept keys before transfer (for fit-out scheduling), record insurance, risk and access rules for that interim to avoid disputes about responsibility. If you transfer title first, keep enough leverage in the escrow to close the snag list promptly. Finally, align delivery with any occupancy-related documents the municipality requires and with the documents your lender or insurer will ask for; what counts as “finished” for marketing may not meet utilities or insurance thresholds, and schedules must account for those desks as well. Where site practice or permit flow differs between cities, remember that practice may vary by province/authority and year and build buffers accordingly.

Title & Encumbrance Hygiene: Takyidat, Liens, Mortgages and Pre-Existing Annotations

A clean land-registry page is the backbone of every pre-sale. Before you sign, obtain a current extract and read the takyidat (encumbrances) line by line, translating each entry into its practical effect: mortgages that must be released, attachment orders that must be lifted, usufructs that bite into your intended use, easements that affect parking or terraces, or earlier annotations that might conflict with yours. Attach the extract to your Sales Promise and list the specific encumbrances that the seller undertakes to remove by stated dates, with escrow confirming release before funds move. For a quick orientation on how to read extracts and why old entries return to haunt buyers, see title deed check Turkey and our cautionary explainer on title deed fraud in Turkey.

Mortgages interact with your annotation and your payment schedule. If a mortgage will be closed at transfer from sale proceeds, build a three-way step in escrow: the bank receives the stated amount, issues a signed release letter referencing the mortgage number, and your escrow agent files both the release and your transfer in one coordinated sequence. If a developer is selling multiple units out of a mortgaged parcel, require parcel-level bank letters that explain the release logic for your exact independent section or, if sections are not yet formed, for the allocation scheme that maps to your future deed. Avoid “we will release on delivery” assurances without written instruments; the registry and your escrow officer act on documents, not narratives.

Pre-existing annotations must be reconciled with your own. A prior Sales Promise annotation for the same unit obviously blocks you; an annotation linked to a utility easement or maintenance covenant may not, but the Sales Promise should acknowledge it expressly. If a third party holds a lease annotation or a right of first refusal recorded on the parcel, build the waiver, consent or expiry into your conditions to complete. All of these items are solvable with paper and sequence; what derails transactions is paying before the paper exists or assuming that the paragraph “free of encumbrances” will clean the registry by itself. Your contract, escrow and registry must talk to each other in the same data language.

Specific Performance vs Termination: Enforcement Strategy and Practical Odds

Enforcement is not only “win or lose”; it is also about time and the value of the remedy when it arrives. A notarial Sales Promise coupled with a timely land-registry annotation gives you standing to seek specific performance—i.e., to ask a court to compel transfer—where conditions are met and the seller refuses to complete. Whether that path is wise in a given fact pattern depends on how long a suit is likely to take, whether third-party rights have intervened, and whether a money remedy tied to escrow and penalties will make you whole faster. Experienced counsel will model two or three routes—enforce, rescind and recover, or restructure—and show you what the file will look like in six months under each approach.

Termination must be more than a sentence in the contract; it should be a sequence. If a seller fails to clear an encumbrance by the stated date, the buyer serves notice with evidence, the seller has a defined cure period, escrow is instructed to hold, and if there is no cure by the end, termination follows with refund and (if agreed) a documented penalty. For buyers, the goal is to avoid vague “reasonable time” provisions and to replace them with tight steps that your notary and escrow accept without interpretation. For sellers, the contract should protect against tactical termination where a minor delay is curable; balanced contracts bring disputes to ground quickly instead of into long corridors.

Lawsuits are last resorts, but planning for them improves the contract. Courts like documents that match the registry, escrow logs that match the contract schedule, and notices that show parties acted when they said they would. Build those into your file from day one. If the court path becomes necessary, your petition will read like a chronology supported by annexes, and interim measures—blocking moves that could prejudice your rights—become more realistic. Where docket speed and interim-measure practice differ across provinces, remember that practice may vary by province/authority and year and adjust expectations to ranges rather than to promises.

Translations & POA: Name Matching, Notary/Apostille and Cross-Border Formalities

Identity friction is the most preventable source of delay at notary and registry desks. Ensure the spelling and token order of parties’ names match across passports, tax registrations, bank accounts and the TAPU page; diacritics matter. Where documents are in a foreign language, commission sworn translations and use a consistent house glossary so the same legal and property terms reappear identically throughout the file. Our guide on legal translation Turkey real estate sets out seals and formatting that desks actually accept, and avoiding “near-match” names keeps annotation and transfer appointments from sliding into a second day.

Powers of attorney issued abroad should be narrow, property-specific and time-bounded. A safe POA cites the parcel and (if formed) the independent section, authorizes execution of the Sales Promise and registry annotation, permits escrow instructions within defined caps, and excludes authority to change price or waive conditions. Follow apostille or consular legalization chains precisely and attach sworn translations; the notary will keep or copy them for the deed. For scope samples and legalization steps, see our primer on power of attorney for property. Narrow mandates protect buyers and reassure counterparties that signatures will match what was negotiated.

Cross-border timing makes sequencing more delicate. If a signatory travels, your counsel should stage notarization and registry bookings in the right order and keep PDFs of passports, tax IDs and prior deeds in a shared folder that the notary can pre-check. If a corporate buyer signs, ensure signatory authority appears in the Turkish trade registry or is otherwise proven through legalized and translated instruments before the appointment. These are logistics, not “law,” but they determine whether your annotation appears today or next week.

Annotation vs Mortgage/Other Rights: Priority Conflicts and Workarounds

Priority is a race you win with paper and time. A Sales Promise annotation entered today will generally outrun a mortgage signed tomorrow, but only if the registry is not holding a pending instruction that predates yours. Before you queue an annotation, ask the registry officer whether pending deeds or instructions sit on the unit or parcel; if they do, seek clarity: is it a routine update or a substantive right that could affect you? If a seller must place a construction mortgage for unrelated financing, insist on documentary terms that carve out your unit or require the lender’s release against escrowed payment on transfer. The principle is not to block legitimate finance but to ensure your priority survives it.

Competing annotations require tailored drafting. If a prior buyer’s promise annotation clogs the page due to a dispute, no amount of optimistic wording will convert your promise into a clean right; the file needs either a release from the prior buyer, a court outcome, or a restructuring that moves you to a different unit or phase. If the parcel carries easements or utility annotations, your deed should acknowledge them and, where necessary, price or adjust expectations accordingly. Escrow instructions should mirror those realities so funds do not release until the registry reflects the state of the world you agreed to buy.

In multi-stage projects, map the journey from land parcel to independent section carefully. A promise referencing “Unit A on Floor 10” is meaningless before sections are formed unless it is tethered to drawings and to the legal mechanism by which the registry will one day name and number your unit. The clause should say how the promise attaches to the future section and what happens if the project plan changes. Without this bridge, you own a label, not a legal path to a deed. This is where precise registry language drafted by experienced counsel earns its fee.

Developer/Insolvency Scenarios: Securities, Guarantees and Step-In Rights

Counterparty risk is lower when promises sit on a finished asset; it is higher when a developer must complete works to deliver your deed. The Sales Promise should therefore pull security from paper into practice: performance bonds with clear call conditions, bank letters that name you (or the owner association) as beneficiary, controlled retention in escrow, and construction milestone certificates signed by identified professionals. Marketing claims like “bank guarantee available” are not the instrument; request the instrument, read it, and file it. Where securities are unavailable, increase retention, slow tranche releases, or reconsider the deal; insolvency risk is best managed with collateral, not optimism.

Step-in rights matter when the seller falters. If the developer fails to meet milestones by defined dates, the contract can authorize buyers (or a trustee) to appoint replacement contractors using retained funds; this keeps projects moving and protects the value of what you paid. Align step-in with escrow so funds can legally move to the replacement party without renegotiation, and tie it to clear triggers to prevent abuse. Because local administrators review these clauses differently, remember that practice may vary by province/authority and year and work with formats that have passed desks recently.

If insolvency surfaces despite precautions, your file becomes your lifeline: the notarial deed, registry annotation, escrow logs, security instruments, notices and responses. With that pack, counsel can pursue specific performance, rescission or collateral calls with speed, and, where necessary, move for protective measures that prevent further prejudice. Buyers who keep their file audit-ready tend to recover faster and more fully than those who rely on email trails and recollection.

Closing Checklist: From Annotation to Transfer, DASK and Utilities

A practical closing checklist saves days. Confirm that the Sales Promise is executed in notarial form; verify that your land-registry annotation appears under the correct parcel and unit; re-pull the registry extract on the morning of transfer to confirm no new entries; have mortgage release letters in hand where applicable; and obtain payment codes and tax receipts prepared for the notary. Keep a printed “identity sheet” with standardized address, parcel data, and name spellings for the clerk to copy. If you are financing, add lender approvals and final valuation pages to the pack and confirm that escrow will execute the integrated release instructions for bank, registry and notary in one sequence.

Post-transfer, move directly to the operational desks. Issue or endorse compulsory earthquake insurance if needed and store the policy PDF; utilities desks may ask for it, and it is part of responsible risk management. For the practical requirements and renewal habits, see our explainer on DASK. Then open utilities with the standardized address string that appears on the deed, set up HOA payments, and archive the closing folder in a shared location with a simple index: deed, tax receipts, escrow confirmations, releases, insurance, utilities and any delivery minutes. The goal is that six months from now, you (or your representative) can produce any closing document in under sixty seconds.

If names or addresses changed close to signing, run a post-closing hygiene sweep: update tax and bank profiles, correct transliterations in insurer and utility records, and inform the site manager of contact details for notices. Where a representative handled the closing under POA, diary the POA’s expiry or revocation and request the notary to mark it accordingly. These simple housekeeping steps prevent misrouted notices and keep your future resale or refinance uncluttered.

Disputes & Remedies: Evidence Files, Time Limits and Jurisdiction Choices

When disagreements emerge, the side with the better file usually prevails faster. Keep notices and responses in chronological order with exhibit letters, preserve registry receipts and escrow logs, and store time-stamped photos for site conditions or defects. If you must escalate, do so in writing with references to the clause, the document and the date that support your position, and, where helpful, attach a bilingual cover sheet so counterparties and desks abroad follow the same logic. Where limitation periods and forum choices differ by claim type, assume that practice may vary by province/authority and year and ask counsel to calendar hard stops early rather than close to expiry.

Mediation or structured negotiation often saves months if both sides agree on facts but differ on remedy; the Sales Promise can even mandate a short mediation window before litigation. If you litigate, consider how specific performance interacts with third-party rights and whether an interim measure is realistic on your facts. If you rescind, confirm the refund mechanism and penalty application in escrow and avoid informal hand-backs. For cross-border counterparties, service and enforcement add time; build that into expectations and preserve certified copies and translations so recognition abroad, if needed, is not an afterthought. For orientation on recognition concepts generally, our discussion about cross-border mechanics in other guides remains instructive.

Above all, resist improvisation. Do not pay outside of agreed rails to “move things along,” do not sign unreviewed amendments at the counter, and do not accept verbal promises as substitutes for releases or registry entries. The Sales Promise, annotation and escrow are powerful tools when they are used together and documented properly; they are blunt when reduced to slogans. Keep the discipline from first meeting to final key and the contract will do what it was designed to do—deliver a safe transfer at a fair price.

FAQ (Frequently Asked Questions)

Is a private (adi) Sales Promise valid for registration? No. Private promises can show intent but do not meet the notarial form needed for registration or for robust enforcement. Execute the deed “in düzenleme şeklinde” at a notary if you want annotation and realistic specific performance. Where notary practices differ, practice may vary by province/authority and year.

How long does an annotation protect me? Annotations follow validity windows tied to the deed and law and are meant to bridge to transfer within the agreed schedule. Manage calendars or refresh instruments where permitted; do not assume an annotation survives indefinitely without action.

When is earnest money forfeited or refunded? It depends on the clause and the facts. Write the triggers precisely—who must do what by when—and route funds through escrow so releases and refunds follow documents, not debates. Ambiguous “kapora/avans” labels are a common source of disputes.

Can I force specific performance? With a notarial deed and timely annotation, you can seek it where conditions are met and the seller refuses to complete. Whether it is wise depends on time, intervening rights and the adequacy of money remedies; counsel will model options and odds on your facts.

What if the seller becomes insolvent? Security instruments (bank guarantees, insurance bonds, retention) and escrow sequencing are your first line of defense. If insolvency occurs, your file—deed, annotation, escrow logs, notices—enables collateral calls, rescission or enforcement with speed.

Does escrow sit at a bank or a notary? Both models exist. Bank escrow is common; notarial blocked accounts also appear in some provinces. In all cases list objective conditions and who verifies them; practice may vary by province/authority and year.

How do I align translations and POA? Keep a consistent glossary, commission sworn translations, and ensure POA scope cites the parcel and acts authorized. Follow apostille/consular chains and attach translations; desks will ask for them.

Can the seller place a mortgage after my annotation? The annotation warns third parties and gives you leverage, but priority questions are timing-sensitive. Enter the annotation early, monitor the registry, and route payments through escrow that blocks releases until unwanted encumbrances are lifted.

How do I cancel and recover payments? Use the termination sequence in your deed: notice with evidence, cure period, escrow hold, and refund/penalty according to clauses. Avoid off-contract channels; they weaken paper trails and remedies.

What is a reasonable delivery clause off-plan? One that links tranches to inspection-backed milestones, defines “delivery readiness,” embeds a snag protocol with retention, and integrates occupancy and utilities documents. Pure date promises invite friction.

How do I check liens and encumbrances? Pull a current registry extract, read takyidat entries carefully, and obtain documentary releases for mortgages, attachments and easements. Our guides on title deed checks and fraud risks show what to look for.

What must be on my closing checklist? Notarial deed with annex list, live annotation, fresh extract, encumbrance releases, escrow instructions, tax receipts, delivery pack (if applicable), insurance issuance (see DASK) and utilities submissions. Store everything in a version-controlled folder.