Buying property in Turkey offers tremendous opportunities for foreign investors—but it also carries risks. The only way to protect your investment is through comprehensive real estate due diligence. At ER&GUN&ER, a leading Turkish Law Firm with years of experience advising international clients, our English Speaking Turkish Lawyers offer end-to-end legal risk analysis before you sign a single document. This guide will walk you through every legal checkpoint needed to verify a property before purchase.
What Is Real Estate Due Diligence?
Real estate due diligence is the legal and technical investigation of a property’s documentation, legal status, and ownership risks prior to purchase. It helps prevent fraud, loss, and future disputes. This is especially critical for foreigners buying property in Turkey.
Why Is Due Diligence So Important in Turkey?
- Not all properties listed for sale have clear title
- There may be mortgages, liens, or ongoing litigation on the property
- Construction may not comply with municipal zoning or occupancy permits
- Foreigners are restricted from owning in certain zones
- Tapu fraud is still a serious risk without legal representation
Step-by-Step Legal Due Diligence Checklist in Turkey
1. Title Deed (Tapu) Verification
We obtain the original Tapu from the Land Registry and check ownership status, shareholding, size, and cadastral map location.
2. Encumbrance Check
We investigate if the property has any liens, mortgages, foreclosures, or injunctions recorded against it.
3. Zoning and Construction Compliance
We check with the municipality (Belediye) whether the property is within a construction-allowed zone, and confirm building licenses, occupancy permit (iskan), and construction compliance.
4. Tax Debts and Charges
We request tax debt status from the relevant municipality and ensure no unpaid taxes or utility charges exist on the property.
5. Earthquake Safety and Permit Check
Especially for Istanbul and İzmir, we check earthquake risk zoning, architectural plans, and reinforcement history if any.
6. Title Disputes or Lawsuits
We search for ongoing litigation, inheritance claims, or court actions over the property in the UYAP system (national legal registry).
7. Seller Identity and Authorization
We verify the seller's legal authority to sell—whether an individual, company, or agent—and request notarized authorization where required.
8. Foreign Ownership Restrictions
We confirm whether the location is within military, security, or prohibited foreign ownership zones. If necessary, military clearance is requested.
Legal Risks Faced by Foreign Buyers
- Buying from an unauthorized seller (invalid POA or shared ownership)
- Paying a deposit before legal verification
- Purchasing without checking mortgage/encumbrances
- Assuming the property is rentable or residential when it’s not
- Relying on real estate agents without legal validation
What We Do at ER&GUN&ER Law Firm
- Full real estate due diligence and Tapu verification
- Seller background check and POA authority control
- Municipality research, construction compliance and usage check
- Preparation or review of the sales contract
- Representation at the Land Registry and signing on your behalf
- Bilingual reporting and full risk disclosure to the client
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Frequently Asked Questions (FAQs)
- Can I buy property in Turkey without due diligence? You can—but it is strongly discouraged. Legal checks prevent major risks.
- Is Tapu verification enough? No. Tapu shows ownership, but due diligence includes construction, zoning, and litigation checks.
- Can your law firm represent me without coming to Turkey? Yes. With a notarized power of attorney, we can represent you fully.
- How long does due diligence take? 2–5 business days depending on location and documentation.
- Can I get a legal report after due diligence? Yes. We provide a full bilingual due diligence report.
- What if a problem is found? We negotiate exit options, refund clauses, or legal compensation based on your protection level.
Conclusion: Protect Your Investment with Proper Legal Oversight
Real estate in Turkey is a lucrative opportunity—but only if protected by legal certainty. Our English Speaking Turkish Lawyers are here to prevent risks and deliver peace of mind. Let the Best Lawyer in Turkey and our Turkish Law Firm represent your interest with comprehensive due diligence before your investment decision.