Foreign Buyer Paid for an Off-Plan Property That Was Never Built in Turkey: How to Recover the Money – 2026 Legal Guide

Paid for an off-plan apartment in Turkey that was never built? Learn how foreign buyers can seek refunds, interest, compensation, asset protection and legal remedies against developers in 2026.

A foreign buyer may pay EUR 100,000, EUR 300,000 or even the entire purchase price for an apartment that exists only in architectural drawings, brochures and computer-generated images. The developer promises construction within two or three years, but construction never starts, stops after excavation or is abandoned halfway through. The developer then repeatedly says financing is being arranged, permits are being renewed or construction will restart “next month.” Eventually, the buyer realizes that the promised apartment may never exist. This is one of the most serious risks in the Turkish off-plan property market because the buyer may have transferred substantial money without ever receiving a completed property or registered ownership. In 2026, a foreign buyer facing this situation should focus on two questions immediately: What legal rights does the contract create, and where are the developer’s recoverable assets? Obtaining a judgment is important, but recovering the money requires a strategy that considers the developer’s financial position from the beginning.

What Is an Off-Plan Property Purchase in Turkey?

An off-plan purchase occurs when the buyer agrees to purchase a property before construction is completed, and sometimes before meaningful construction has even started. The buyer normally pays a deposit followed by installments linked either to dates or construction milestones. The developer promises to complete and transfer the apartment later. For qualifying residential consumer transactions, Turkish law contains specific rules governing prepaid housing sales. These rules are designed to protect buyers who pay before receiving the completed home.

What Happens If the Developer Never Builds the Property?

If the developer completely fails to perform the promised construction and delivery obligation, the buyer may potentially have substantial contractual and statutory remedies. Depending on the transaction, these can include ending the contract, demanding repayment of amounts paid, seeking interest, claiming qualifying damages, relying on available project guarantees or insurance, and pursuing enforcement against the developer’s assets. The correct remedy depends on the contractual structure, whether the purchaser qualifies as a consumer, the project’s status and the developer’s financial position.

A Developer Cannot Keep the Money Indefinitely Without Delivering the Property

A developer who accepts substantial advance payments assumes corresponding contractual obligations. If the promised apartment is never built and delivery becomes impossible or the developer fundamentally fails to perform, the developer cannot simply treat the buyer’s payments as its own money without legal consequences. The buyer should determine whether the appropriate legal route involves contractual termination, restitution, consumer-law remedies, damages or another claim.

1. Determine Whether Construction Never Started or Was Merely Delayed

The first investigation should establish the actual project status. There is a major difference between a development that is six months late but actively under construction and a project where construction has completely stopped for years. The buyer should investigate the site physically and legally rather than relying on developer statements.

Warning signs include an empty construction site, expired or problematic permits, no workers, unpaid contractors, repeated delays, closed sales offices, developer executives becoming unreachable, creditor attachments and multiple lawsuits by other buyers.

2. Check the Contractual Delivery Date

The contract should specify when the apartment was supposed to be delivered. A vague statement such as “estimated completion 2027” can create more uncertainty than a precise contractual delivery obligation. The lawyer should determine the original delivery date, whether extensions were contractually permitted and whether any extension relied upon by the developer is legally justified.

For qualifying prepaid housing transactions, statutory delivery rules also become important. A developer cannot simply use a contract to postpone delivery indefinitely.

3. The Current Framework Generally Limits Prepaid Housing Delivery to 36 Months

Under the prepaid housing framework applicable to qualifying consumer transactions, transfer or delivery of the residential property is generally subject to a maximum statutory period of 36 months from the contract date. The exact transaction and applicable rules should nevertheless be reviewed individually.

A developer telling the foreign buyer to wait indefinitely beyond the legally relevant period should therefore trigger immediate legal analysis.

4. “Construction Will Restart Soon” Is Not a Legal Strategy

Foreign buyers often lose valuable time because developers repeatedly promise:

“The bank loan will be approved next month.”

“A new investor is joining.”

“Construction will restart after summer.”

“The municipality is processing the permit.”

“Do not sue because the project will be completed.”

Some explanations may be genuine. However, after prolonged non-performance, the buyer should require documentary evidence rather than relying on promises.

5. Check Whether the Developer Had a Building Permit

For qualifying prepaid residential sales, a particularly important rule is that prepaid housing contracts should not be concluded with consumers before the relevant building permit has been obtained. If the developer collected money before obtaining the required construction authorization, this can create significant regulatory and contractual issues.

The buyer should obtain information concerning the permit date and compare it with the contract and payment dates.

6. Check Who Owns the Project Land

The developer marketing the apartments may not actually own the land. The land may belong to another company, individual landowners or several co-owners. The developer may be operating under a construction-for-land-share agreement or another development arrangement.

If the developer’s relationship with the landowner collapses, the foreign buyer may find that the company receiving the purchase money does not control the underlying property.

7. Check Mortgages on the Project Land

Project financing often involves mortgages. A mortgage does not automatically mean the development is fraudulent, but the buyer must understand the financing structure. If the developer defaults on bank financing, enforcement against the project land may threaten buyers who have paid substantial amounts without obtaining registered rights.

The buyer should investigate mortgage creditor, mortgage amount, ranking, enforcement status and any additional encumbrances.

8. Check for Creditor Attachments

An abandoned project may be surrounded by creditor claims. Contractors, suppliers, banks, tax authorities and other creditors may have initiated enforcement proceedings. Multiple attachments against the developer or project land can indicate serious insolvency risk.

At this stage, the buyer’s objective should no longer be simply:

“When will my apartment be finished?”

It should also become:

“What assets remain available to recover my money?”

9. Check Whether the Developer Is Still Operating

The buyer should investigate whether the developer company remains active, whether its management has changed, whether its offices remain operational and whether it owns identifiable assets. A company can technically continue to exist while having little practical ability to satisfy a substantial judgment.

10. Check Whether Other Buyers Have the Same Problem

One buyer facing delay may indicate an individual contractual problem. Hundreds of buyers facing the same non-delivery may indicate project-wide financial collapse. The existence of multiple disputes can affect litigation, enforcement and settlement strategy.

11. Was the Contract Made in the Required Form?

Contract form is particularly important in Turkish real estate law. A foreign buyer may possess a privately signed “Sales Agreement” prepared by the developer. Whether that document creates an enforceable right to acquire the property and what monetary remedies follow requires separate analysis.

Under the prepaid housing framework, formal requirements apply to qualifying transactions. The developer should not assume that collecting money through an informal agreement eliminates the buyer’s legal protection.

12. Invalid Contract Does Not Automatically Mean the Developer Can Keep the Money

This is critical. Suppose the developer collected EUR 250,000 under a contract that does not satisfy the formal requirements necessary for the promised real estate transfer. That does not automatically give the developer a legal right to retain both the money and an apartment that was never delivered. Restitution and other monetary remedies may become central.

13. Foreign Buyers May Qualify for Consumer Protection

Foreign nationality does not by itself prevent a buyer from being treated as a consumer under Turkish law. The transaction’s purpose is important. An individual purchasing a home for personal or family use may stand differently from a commercial company purchasing 50 apartments for resale.

Therefore, the first legal classification should ask:

Is this a consumer transaction or a commercial investment transaction?

That answer can affect the applicable rules and dispute forum.

14. Prepaid Housing Buyers Receive Specific Protection

Turkish prepaid housing rules contain important protections relating to pre-contract information, building permits, contract form, delivery, withdrawal, termination and security for buyer payments. These protections become particularly important when the development fails completely.

The exact statutory rights should be applied to the specific contract rather than assuming every foreign property investor automatically falls within the same regime.

15. Large Projects May Have Payment Security

One of the first questions in a failed project should be:

“What protected the buyers’ advance payments?”

For qualifying prepaid housing projects containing 30 or more residential units, the current regulatory framework generally requires the seller to provide one of the recognized mechanisms designed to secure consumer payments, such as building completion insurance, a bank guarantee, a progress-payment system, secured linked credit or another approved method protecting the payments.

This can completely change the recovery strategy.

16. Building Completion Insurance Can Be Extremely Important

If building completion insurance exists, the buyer should investigate the policy and coverage immediately. Such protection is specifically intended to address the risk that buyers pay substantial amounts but the project cannot be completed as promised.

Do not accept the developer’s statement that:

“There is no need to contact the insurer.”

The policy and buyer’s rights should be independently reviewed.

17. Bank Guarantee May Provide Another Recovery Route

If the project was supported by a legally relevant bank guarantee, the buyer should obtain the guarantee documentation and determine the conditions under which it can be called. Recovery from a solvent guarantor may be substantially more effective than pursuing an insolvent developer alone.

18. Progress-Payment System May Limit Developer Access to Funds

Some projects structure payments so that the developer receives funds according to verified construction progress. Where such a mechanism exists, the buyer should determine how much money was released, what construction milestones were certified and whether funds remain protected.

19. Do Not Assume the Developer Was Allowed to Collect Payments Without Security

Where the statutory security requirements applied, failure to provide the required protection can itself create serious regulatory issues. In 2026, Turkish consumer authorities continue to impose substantial administrative penalties for violations involving prepaid housing, including failure to provide required payment security and failure to deliver residential units. These administrative consequences, however, do not automatically place the buyer’s money back into the buyer’s bank account. The buyer still needs a recovery strategy.

20. Can the Buyer Terminate Because the Property Was Never Built?

Potentially yes. Where the developer fails to perform its obligations, qualifying buyers may have strong grounds to end the contractual relationship without being treated as buyers who simply changed their minds.

This distinction is important because contractual or statutory deductions that might apply to a voluntary withdrawal should not automatically be treated as applicable where the seller fundamentally fails to perform.

21. Seller Non-Performance Is Different from Buyer Changing His Mind

Compare:

Scenario A: Construction is progressing properly, but the buyer simply decides he no longer wants the apartment.

Scenario B: The buyer paid EUR 300,000, the contractual delivery date passed and the developer never constructed the building.

These are fundamentally different situations. A developer should not automatically impose the same cancellation penalties in both cases.

22. Formal Termination Notice Should Be Carefully Prepared

A buyer should avoid relying solely on WhatsApp messages such as:

“I want my money back.”

The legal notice should identify the contract, property, payments, delivery obligations, non-performance and remedy demanded. Depending on the legal basis, formal notice requirements can be important.

23. Refund of the Purchase Price

The primary objective for many buyers is recovering every amount paid. The buyer should prepare a complete payment schedule showing:

Contract Price

Deposit

Installment Dates

Bank Transfers

Cash Payments

Payments to Agents

Payments to Developer Affiliates

Outstanding Balance.

Every payment should be connected to documentary evidence.

24. Bank Transfers Are Critical Evidence

Preserve:

SWIFT Records

Bank Statements

Transfer Receipts

Payment References

Foreign Exchange Documentation

Developer Receipts.

If the developer later disputes the amount received, banking evidence can become decisive.

25. Payments to a Director’s Personal Account Require Investigation

A developer may instruct the foreign buyer:

“Send this installment to the company owner’s personal account.”

If litigation begins, the company may later argue that the payment was not made to it.

The buyer should preserve the written payment instruction and evidence showing why the third-party account was used.

26. Payments to Real Estate Agents

If substantial money was paid to an intermediary rather than directly to the developer, the buyer should investigate whether the agent had authority to collect purchase funds. The brokerage agreement, receipts, invoices, messages and developer instructions can become important.

27. Cash Payments Create Greater Evidentiary Risk

Foreign buyers who paid large amounts in cash may face proof problems. Receipts, signed acknowledgments, messages confirming receipt and accounting records become particularly important.

28. Can the Buyer Recover Interest?

Potentially. Where the developer is required to repay money and fails to do so when due, interest can become an important part of the claim. The appropriate starting date, rate and currency treatment depend on the legal basis, contract and default.

29. EUR and USD Payments Need Careful Claim Structuring

Foreign buyers frequently pay in EUR or USD. A project that collapses several years later can create significant currency issues. The buyer should not automatically convert the historic foreign currency payment into Turkish Lira without first analyzing the contractual payment currency and applicable legal rules.

30. Can the Buyer Claim Compensation Beyond the Refund?

Potentially. Depending on the circumstances, recoverable losses may extend beyond the original installments. The buyer may have incurred financing expenses, alternative accommodation costs or other direct economic losses resulting from the developer’s breach.

However, every damages claim requires a legal basis and evidence of causation and amount.

31. Property Price Increase Can Create a Major Economic Loss

Suppose a foreign buyer paid EUR 200,000 for an apartment in 2022. The developer never built it. In 2026, an equivalent apartment costs EUR 350,000.

Simply returning EUR 200,000 may not restore the buyer to the economic position expected from the transaction.

Whether additional loss associated with replacement cost or property appreciation can be recovered depends on the applicable legal basis and evidence. It should be analyzed rather than automatically assumed.

32. Lost Rental Income

A buyer may have purchased the apartment as an investment expecting rental income from the promised delivery date. If the property was never built, the buyer may seek to evaluate whether lost rental income forms part of a recoverable damages claim.

Evidence can include comparable rents, investment documentation and expert analysis. Speculative projections alone may be insufficient.

33. Alternative Accommodation Costs

A foreign family may have purchased the property as its future residence. Because delivery never occurs, the family continues paying rent elsewhere. Depending on the circumstances, such expenses may become relevant to a damages analysis.

34. Citizenship Investment Problems

The consequences become more complicated where the off-plan property was purchased as part of a Turkish citizenship investment strategy. If the promised transaction cannot be completed, the buyer may face both a substantial financial loss and failure of the citizenship plan.

The real estate and citizenship aspects should therefore be analyzed together.

35. Developer Says “Take Another Apartment Instead”

When a project fails, developers sometimes offer a unit in another development.

This can be a legitimate settlement option, but the buyer should not automatically accept.

Compare:

Title Status

Market Value

Location

Construction Progress

Mortgages

Attachments

Apartment Size

Delivery Date.

A distressed developer may attempt to replace one problematic investment with another.

36. Developer Offers a Refund in Installments

The developer may agree to return EUR 300,000 in twelve monthly installments.

Before accepting, ask:

What secures the repayment?

An unsecured settlement from a company already unable to complete construction can be risky. Appropriate security may be more valuable than a written promise alone.

37. Do Not Sign a Broad Waiver for a Small Initial Payment

A settlement may state that the buyer releases all present and future claims immediately upon signing, while the developer promises payment over the next two years.

This can expose the buyer to unnecessary risk if the developer stops paying after the first installment.

The release mechanism should be carefully structured.

38. Asset Investigation Is Essential

When a project has failed completely, the developer may already be experiencing serious financial distress.

The lawyer should investigate available information concerning:

Real Estate

Vehicles

Company Shares

Receivables

Banking Relationships Where Legally Accessible

Other Projects

Related Companies

Enforcement Proceedings.

The recovery strategy should focus on assets, not merely the legal merits.

39. Precautionary Attachment May Be Critical

Where the buyer has a substantial monetary claim and statutory conditions are satisfied, precautionary attachment can potentially protect assets before final judgment.

This can be especially important where there is evidence that the developer is disposing of assets or facing numerous creditors.

40. Interim Injunction May Be Relevant in Property-Based Claims

If the buyer still pursues rights connected directly with project land or a specific property interest, interim injunctive protection may need to be evaluated separately.

An injunction protecting a property-based claim and precautionary attachment securing a monetary claim serve different legal purposes.

41. The Developer Transfers Assets to Another Company

A distressed developer may transfer valuable property to a related company while leaving buyer liabilities in the original entity.

Such transactions should be investigated carefully. Depending on timing, consideration, relationships and creditor prejudice, additional legal remedies may need to be considered.

42. Developer Transfers Property to Family Members or Shareholders

Suspicious transfers shortly before or during financial collapse can become important. Buyers should document the chronology and investigate whether available creditor-protection remedies apply.

43. Developer Changes Company Name

A company changing its trade name does not automatically erase existing contractual obligations. The buyer should identify the legal entity through registration information rather than relying only on the commercial brand displayed on brochures.

44. Developer’s Shareholders Create a New Company

Foreign buyers may discover that the same individuals begin selling apartments through a new company while the old project remains unfinished.

Corporate separation must be respected unless there is a legal basis for broader liability, but the transactions and movement of assets between related entities should be investigated.

45. Are Company Directors Personally Liable?

Not automatically. A company’s debt is generally distinct from the personal liabilities of shareholders and managers. However, personal conduct involving guarantees, wrongful acts, fraud or other independent legal grounds may require separate analysis.

The buyer should not assume that every company debt can automatically be collected from the owner’s personal house or bank account.

46. Developer Insolvency Changes the Strategy

If insolvency or restructuring proceedings begin, ordinary litigation may no longer be the only relevant procedure. The buyer may need to register claims, protect creditor status and analyze how available project assets will be distributed.

Speed becomes increasingly important as the number of creditors grows.

47. Bankruptcy Risk

A buyer waiting several years for a refund may discover that the developer enters bankruptcy before payment. The buyer then becomes one of potentially many creditors competing for limited assets.

This is why early asset preservation can be more important than obtaining a judgment years later.

48. Construction Land May Be Worth More Than the Developer Company

In a failed project, the land can be the principal valuable asset. The buyer should determine who owns it, what mortgages and attachments exist and whether the developer itself has any ownership interest.

If the land belongs to another party, recovery against the developer may require a completely different asset strategy.

49. Criminal Fraud May Be Relevant in Some Failed Projects

Not every failed development is fraud. Construction projects can fail because of economic problems, financing difficulties or unexpected costs.

However, criminal analysis may become appropriate where evidence indicates that the developer collected money for a project it never genuinely intended or had the ability to build, sold the same apartment repeatedly, used false permits or documents, concealed the absence of land rights, diverted buyer funds through deceptive representations or disappeared after collecting payments.

50. Criminal Complaint Does Not Automatically Recover the Money

Even where fraud is suspected, the buyer should not assume that a criminal complaint replaces civil recovery proceedings.

The objectives are different.

The buyer may still need to pursue refund, damages, enforcement and asset protection through appropriate civil procedures.

51. Real Estate Agent Liability

An agent may also become relevant where it made independent false representations. Suppose the agent knew that construction had stopped but continued telling foreign buyers:

“The project is fully financed and completion is guaranteed.”

The agent’s knowledge, contractual role and representations should be investigated.

52. Marketing Material Can Become Evidence

Preserve advertisements promising:

Guaranteed Completion

Guaranteed Delivery Date

Government Approved Project

Guaranteed Rental Return

Citizenship Eligible

Fully Financed Development.

If those representations induced the buyer to pay, they can become important evidence depending on the dispute.

53. WhatsApp Messages Are Often Extremely Valuable

Foreign property disputes frequently contain messages such as:

“Construction starts next week.”

“Your apartment will definitely be delivered by December.”

“The project has no financial problems.”

“Your refund will be paid tomorrow.”

Repeated promises over several years can help establish the factual chronology of non-performance.

54. Preserve the Original Contract and Every Amendment

Developers facing delay may ask buyers to sign extensions.

For example:

Original Delivery: June 2024

First Extension: December 2024

Second Extension: June 2025

Third Extension: December 2026.

Each amendment should be reviewed. Signing repeated extensions may affect the litigation position and should not be done automatically.

55. Force Majeure Claims Should Be Examined Carefully

The developer may argue that construction stopped because of force majeure.

Not every increase in construction costs, financing problem, exchange-rate movement or commercial difficulty automatically constitutes force majeure.

The contract, actual event and causal relationship should be examined.

56. “Economic Crisis” Does Not Automatically Eliminate the Developer’s Obligations

A developer may experience genuine economic hardship. However, financial difficulty does not by itself mean that the foreign buyer loses the purchase money. Contractual obligations and applicable legal remedies remain relevant.

57. Do Not Wait Until Every Asset Is Gone

One of the most damaging mistakes is waiting because the developer keeps promising voluntary repayment.

Consider:

Year 1: Project delayed.

Year 2: Construction stops.

Year 3: Developer promises refund.

Year 4: Assets transferred or attached by other creditors.

Year 5: Buyer finally files proceedings.

The legal claim may still exist, but actual recovery may have become substantially harder.

58. Build a Payment and Construction Timeline

Prepare a chronology:

10 January 2023 – Contract Signed

15 January 2023 – EUR 50,000 Deposit

1 June 2023 – EUR 100,000 Installment

1 December 2023 – EUR 100,000 Installment

June 2024 – Contractual Construction Milestone Missed

January 2025 – Construction Stops

June 2025 – Delivery Date Passes

September 2025 – Developer Promises Refund

2026 – No Apartment and No Refund.

A clear chronology can make the legal analysis significantly more efficient.

59. Documents the Buyer Should Collect

The foreign buyer should preserve the sales agreement, preliminary agreement, payment receipts, bank transfers, SWIFT records, foreign exchange documentation, invoices, developer brochures, project plans, building permit information, title deed information for the project land, technical specifications, delivery schedule, guarantees, insurance documentation, bank guarantee documents, correspondence, WhatsApp messages, photographs of construction progress and all settlement proposals.

60. 2026 Recovery Strategy for Foreign Buyers

A foreign buyer whose apartment was never built should generally follow this sequence: Confirm Project Status → Review Contract and Delivery Date → Determine Consumer Status → Check Building Permit → Identify Project Landowner → Obtain Current Land Registry Information → Check Mortgages and Attachments → Identify Statutory or Contractual Security → Check Building Completion Insurance or Other Guarantees → Document Every Payment → Send Appropriate Formal Notice → Determine Whether to Demand Completion or Refund → Calculate Interest and Damages → Investigate Developer Assets → Evaluate Precautionary Attachment → Investigate Related-Party Transfers → Consider Insolvency Risk → Evaluate Criminal Remedies Only if Genuine Fraud Evidence Exists.

Practical Example: Buyer Paid 100%, Construction Never Started

Foreign buyer signs for an apartment priced at EUR 300,000 and pays the full amount. Two years later, the project site remains empty. The developer repeatedly claims construction will start soon.

The buyer should immediately investigate the building permit, project land, mortgages, statutory security arrangements and developer assets. Continuing to wait without independent verification can significantly increase recovery risk.

Practical Example: Construction Stops at 30%

Buyer pays EUR 200,000 of a EUR 250,000 purchase price. Construction reaches approximately 30% and then stops. Contractors leave the site and creditor attachments appear.

The buyer should determine whether completing the project remains realistic and whether existing payment-security mechanisms provide a recovery route. Developer solvency becomes central.

Practical Example: Developer Offers Another Project

Developer cannot complete Project A and offers the buyer an apartment in Project B.

Before accepting, the buyer should conduct completely new due diligence on Project B. A replacement property should not be accepted merely because its advertised price appears equivalent.

Practical Example: Developer Promises Refund but Never Pays

Buyer validly seeks repayment. Developer signs a document promising EUR 400,000 within 60 days but pays nothing.

At this stage, further informal promises may have little value. The buyer should investigate enforceability, assets and appropriate protective measures.

Practical Example: Developer Has Transferred Its Assets

Foreign buyers discover that valuable land previously owned by the project company has been transferred to a related entity while the original company retains buyer debts.

The transfers should be investigated urgently to determine whether creditor-protection remedies may be available.

Practical Example: Same Apartment Sold Twice

Two foreign buyers discover that both were given contracts identifying the same apartment.

This is a major warning sign. Contractual recovery, project security and potential fraud issues should be investigated immediately.

Should the Buyer Demand the Apartment or the Money?

This is a strategic decision.

If construction is nearly complete and the developer remains financially viable, obtaining the property may still be commercially attractive.

If the project is abandoned, the developer is insolvent and the apartment may never exist, continuing to demand completion may waste valuable time.

The strategy should consider:

Probability of Completion

Current Property Value

Amount Already Paid

Developer Assets

Project Security

Creditor Priority

Time Required for Recovery.

Frequently Asked Questions

1. I paid for an off-plan apartment in Turkey but it was never built. Can I get my money back?

Potentially yes. Where the developer fails to perform its construction and delivery obligations, the buyer may have significant refund and related claims. The exact remedy depends on the contract and applicable legal framework.

2. Can the developer charge me a cancellation penalty?

A buyer voluntarily changing his mind is different from a developer fundamentally failing to perform. Where the seller has not performed its obligations, qualifying buyers may be able to end the contract without the deductions that might otherwise apply to voluntary withdrawal.

3. How long can a prepaid housing developer take to deliver?

Under the current prepaid housing framework applicable to qualifying consumer transactions, the general maximum transfer or delivery period is 36 months from the contract date.

4. What if the developer has no money?

Asset investigation becomes essential. The buyer should examine real estate, project land, guarantees, insurance, related assets and available protective remedies. A judgment against an assetless company may be difficult to enforce.

5. What is building completion insurance?

It is a mechanism designed to protect qualifying prepaid housing buyers against risks associated with failure to complete the project. Whether the particular development had such coverage and what rights arise under it must be investigated.

6. Can I claim interest on the money I paid?

Potentially yes. The applicable interest depends on the contract, currency, legal basis and date on which the developer became obligated to repay.

7. Can I claim compensation because equivalent property is now more expensive?

Potentially, but such damages are not automatic. The applicable legal basis, causation and expert evidence must be examined.

8. Can I claim lost rental income?

Potentially where the loss is legally recoverable and can be established with sufficient evidence. Purely speculative rental projections may not be enough.

9. Can I file a criminal complaint against the developer?

Potentially where there is genuine evidence of intentional deception. A failed construction project does not automatically constitute criminal fraud.

10. What should I do first if my Turkish off-plan project appears abandoned?

Stop making further unprotected payments, obtain current information about the project land and developer, check mortgages and attachments, identify any insurance or guarantees, preserve all payment evidence and assess urgent asset-protection options before additional creditors reduce the possibility of recovery.

Legal Support for Foreign Buyers Whose Off-Plan Property Was Never Built in Turkey

When an off-plan project fails, the biggest mistake is often treating the problem solely as a construction delay. Once the developer shows signs of serious financial distress, the case becomes an asset-recovery problem.

The critical questions are: Who owns the project land? What happened to the buyer’s payments? Does building completion insurance or another guarantee exist? Are there mortgages and attachments? Does the developer own recoverable assets? Have assets been transferred to related companies? Should the buyer continue demanding the property or immediately pursue a refund?

Firat Fesih Kaya Law Office assists foreign individuals and international investors with failed off-plan property projects and real estate disputes throughout Turkey. Firat Fesih Kaya can assist with abandoned construction projects, prepaid housing disputes, developer non-performance, purchase-price refunds, building completion security, bank guarantees, contract termination, interest and compensation claims, developer insolvency, precautionary attachments, asset investigation, suspicious asset transfers and property fraud disputes.

A foreign buyer who has already paid substantial money should act before the developer’s remaining assets become subject to additional mortgages, attachments or insolvency proceedings. In failed development cases, recovering the money often depends as much on speed and asset protection as on proving that the developer breached the contract.

Phone: +90 312 434 22 22
Mobile Phone: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No: 221, Yildirim Tower, Balgat, Cankaya / Ankara, Turkey