Buying Property Through a Real Estate Agent in Turkey: 30 Legal Checks Before Paying a Deposit – 2026 Guide for Foreign Buyers

Buying property in Turkey through a real estate agent? Foreign buyers should complete these 30 legal checks before paying any reservation fee or deposit, including agent authorization, title deed, mortgages, attachments, seller identity, property size, permits, contract terms and payment security.

Buying property through a real estate agent is common for foreign investors in Turkey. A professional agent can help identify suitable apartments, arrange viewings, communicate with sellers and coordinate parts of the transaction. However, a real estate agent is an intermediary; the agent’s involvement does not itself guarantee that the seller owns the property, the apartment is legally compliant, the title is clean or the deposit is protected. This distinction becomes especially important when a foreign buyer is asked to transfer EUR 5,000, EUR 20,000 or more immediately to “reserve” a property. In 2026, electronic real estate advertising in Turkey is subject to increasingly strict identity and authorization verification requirements. Nevertheless, a verified advertisement is not a substitute for independent legal due diligence. Before paying a deposit, foreign buyers should complete the following 30 legal checks.

1. Verify the Real Estate Agency’s Legal Identity

Do not rely solely on the agency’s Instagram account, website or business card. Determine the exact legal person or business operating the agency.

The buyer should know:

Legal Business Name

Registered Address

Responsible Real Estate Consultant

Contact Details

Company or Business Registration Information.

This information becomes particularly important if a dispute later arises concerning the deposit or misleading representations.

2. Check the Real Estate Trade Authorization Certificate

Professional real estate activities in Turkey are subject to authorization requirements. Real estate businesses operating within the applicable regulatory framework are required to hold a Real Estate Trade Authorization Certificate.

Before paying money, ask for the agency’s authorization certificate number and independently verify that the business is properly authorized.

A professional-looking office does not replace regulatory authorization.

3. Verify That the Agent Is Authorized to Market That Specific Property

This is different from checking whether the agency itself is licensed.

A legitimate real estate agency may exist, but that does not automatically mean it has authority to market every property it advertises.

The foreign buyer should ask:

Who authorized the agency to market this apartment?

In 2026, Turkey’s Electronic Advertisement Verification System places particular emphasis on verifying both the identity of persons publishing property advertisements and their authority concerning the advertised property.

4. Check Electronic Advertisement Authorization

Turkey’s electronic real estate advertising framework has been strengthened to combat fake and unauthorized listings. Identity and authorization verification requirements apply to online property advertisements.

This provides an additional layer of protection, but foreign buyers should understand its limits.

An advertisement passing electronic authorization checks does not automatically prove:

The Property Has No Mortgage

The Building Is Legally Compliant

The Asking Price Is Fair

or

Every Statement in the Sales Presentation Is Correct.

Independent due diligence remains necessary.

5. Identify the Registered Property Owner

Before paying a substantial deposit, determine who legally owns the property.

The person introduced as:

“The Owner”

may actually be:

The Owner’s Relative

A Developer

An Agent

A Company Representative

A Person Holding a Power of Attorney.

The registered owner should be identified through appropriate title documentation.

6. Match the Seller’s Identity With the Title Information

If the title shows that the property belongs to Company A, but the deposit agreement requires payment to Individual B, the buyer should stop and investigate.

Likewise, if the title belongs to one individual but another person claims authority to sell it, the legal basis for that authority should be confirmed.

7. Verify Any Power of Attorney

A seller does not necessarily need to attend personally if a properly authorized representative can act.

However, the buyer should verify:

Whether the Power of Attorney Is Genuine

Whether It Remains Valid

Whether It Covers the Relevant Property Transaction

Whether the Representative Has Authority to Receive Money

where relevant.

Authority to negotiate a sale should not automatically be assumed to include authority to receive hundreds of thousands of euros.

8. Confirm the Exact Property Being Purchased

Foreign buyers should not rely solely on descriptions such as:

“Apartment 12”

“Sea View Unit”

or

“A-Block Penthouse.”

The legal identity should be matched with the relevant:

Province

District

Neighborhood

Block

Parcel

Building

Independent Unit

and official property information.

This helps prevent disputes involving the wrong apartment or even the wrong parcel.

9. Check Whether the Apartment Shown Is the Apartment on the Title

A buyer may view a beautifully renovated apartment and later discover that the title documentation supplied relates to another unit in the same building.

Compare:

Floor

Unit Number

Orientation

Physical Location

Apartment Layout

with the official property information.

Do not assume the keys provided by the agent prove legal identity.

10. Obtain a Current Title Check

Do not rely on a title deed photograph that may be several years old.

The legal status of property can change.

A property that was clean six months ago may now have:

A Mortgage

Creditor Attachment

Court Measure

Usufruct

Residence Right

or another restriction.

Due diligence should therefore use current information.

11. Check for Mortgages

A mortgage does not necessarily prevent a sale, but it can create significant risk.

Before paying a deposit, determine:

Who Holds the Mortgage?

What Debt Does It Secure?

Will It Be Removed Before or During Transfer?

How Will Removal Be Coordinated With Payment?

Do not accept:

“The mortgage will disappear automatically after you pay.”

The release mechanism should be documented.

12. Check for Creditor Attachments and Seizures

A property may be subject to enforcement measures because the seller owes money to another creditor.

Paying a deposit without identifying these restrictions can leave the foreign buyer exposed.

The contract should clearly address what happens if the seller cannot provide the property in the agreed legal condition.

13. Check Other Land Registry Restrictions

Not every problem is a mortgage or attachment.

The buyer should investigate other relevant:

Annotations

Rights

Restrictions

and registered third-party interests.

The practical question is:

Will the buyer receive the property with the legal characteristics promised in the contract?

14. Check Whether the Seller Is Promising “Clean Title”

If the commercial agreement is that the buyer will receive property free from mortgages, attachments and third-party restrictions, this should be clearly stated.

Do not leave an important obligation to a verbal statement such as:

“Don’t worry, everything will be clean at closing.”

15. Verify the Property’s Actual Size

A listing may advertise:

“180 m² Luxury Apartment.”

But what does 180 m² mean?

Is it:

Net Area?

Gross Area?

Area Including Common Spaces?

Apartment Plus Terrace?

The contract and official/project information should be compared before the deposit is paid.

16. Check Whether the Physical Layout Matches the Approved Project

A renovated apartment may contain:

Additional Rooms

Enclosed Balconies

Combined Apartments

Removed Walls

Converted Terraces

or other structural changes.

The buyer should determine whether the physical property corresponds with the legally approved project.

A visually attractive renovation can create legal problems if unauthorized.

17. Check Construction and Occupancy Status

The buyer should investigate the relevant construction and occupancy documentation, particularly for newer buildings and recently completed developments.

Questions concerning building permits, occupancy authorization and condominium status can materially affect future use, financing, resale and legal security.

18. Check the Legal Status of Parking

An agent may say:

“This apartment comes with two private parking spaces.”

That statement should be verified.

Parking may legally be:

A Separate Right

An Accessory

A Common Area

An Allocated Use Area

or simply shared parking.

The buyer should understand what is actually being acquired.

19. Check the Legal Status of the Garden

Ground-floor apartments are frequently marketed with a:

“Private Garden.”

Physical access does not necessarily mean individual ownership.

The garden may be common property or subject to another legal arrangement.

If the garden materially affects the price, verify its status before paying the deposit.

20. Check Terrace and Storage Rights

The same issue applies to:

Roof Terraces

Basement Storage

Cellars

Additional Rooms

and other areas advertised as belonging to the apartment.

The sales brochure and the legal property documentation may not always tell the same story.

21. Investigate the Seller or Developer

If purchasing from a developer or company, do not investigate only the property.

Investigate the seller.

Relevant questions include:

How Long Has the Company Existed?

Does It Own the Project Land?

Does It Have Completed Projects?

Is Construction Actually Progressing?

Are There Signs of Serious Financial Distress?

Does the Company Have Authority to Sell the Unit?

This becomes particularly important for off-plan purchases.

22. Verify Off-Plan Project Rights Before Paying

If the apartment is not yet completed, determine whether the developer actually owns the land or has legally sufficient development rights.

Also investigate the building permit, project structure, financing and applicable buyer-payment protection.

A computer-generated image of a future building is not proof that the seller can legally deliver the apartment.

23. Check Whether the Same Apartment Has Already Been Sold

Double sales can occur, particularly in distressed or fraudulent projects.

Foreign buyers should investigate whether another buyer has:

A Previous Contract

A Registered Right

Possession

or another claim concerning the same unit.

The risk is especially serious where substantial payment will occur long before title transfer.

24. Check the Deposit Agreement Before Paying

Never assume a document titled:

“Reservation Form”

is harmless.

It may contain clauses stating that:

The Deposit Is Non-Refundable

The Buyer Accepts All Property Conditions

The Buyer Waives Certain Claims

A Large Commission Becomes Immediately Due

The Buyer Pays a Penalty for Withdrawal.

Read the agreement before transferring money, not after.

25. Determine Exactly Who Receives the Deposit

The deposit may be requested by:

The Seller

The Real Estate Agency

The Developer

The Company Director

or even a third party.

Ask:

Who legally receives this money?

On whose behalf?

What happens to it if the transaction fails?

When must it be refunded?

Avoid unexplained payments to personal or unrelated accounts.

26. Define Whether the Payment Is a Deposit, Advance Payment or Agent Fee

The word “deposit” is often used commercially without sufficient legal precision.

The contract should explain:

What the payment represents

Whether it forms part of the purchase price

When it becomes refundable or non-refundable

What happens if the seller refuses to transfer

What happens if title due diligence reveals a problem

What happens if the buyer cannot legally acquire the property.

The legal consequences should not be left to later argument.

27. Make the Deposit Conditional on Legal Due Diligence

One of the most important protections is to avoid making the buyer unconditionally bound before the legal status is verified.

Where appropriate, the deposit agreement should protect the buyer if due diligence reveals serious problems such as:

Mortgage

Attachment

Ownership Dispute

Unauthorized Construction

Material Project Mismatch

Seller Lacks Authority

Foreign Acquisition Restriction

or another significant legal defect.

Without appropriate wording, the buyer may face a dispute simply to recover the deposit.

28. Check the Real Estate Agent’s Commission

Before paying, confirm:

Commission Amount

VAT Treatment Where Applicable

Who Pays the Commission

When It Becomes Due

Whether It Is Payable if the Sale Fails

Whether Any Additional Consultancy Fee Exists.

The applicable Turkish real estate trade framework regulates brokerage service fees and contractual documentation. Foreign buyers should not accept unexpected commissions introduced only after the deposit is paid.

29. Verify the Payment Structure and Foreign-Buyer Requirements

Foreign natural persons purchasing Turkish real estate are subject to specific payment procedures connected with the property acquisition process, including the applicable foreign-exchange documentation requirements.

The buyer should coordinate the purchase price, banking records and title procedure before transferring substantial funds.

If the transaction is connected with a citizenship application, payment documentation becomes even more important.

The buyer should not send the purchase price through unexplained third-party accounts merely because an agent says:

“This is how foreigners normally pay.”

30. Do Not Pay a Large Deposit Before Independent Legal Review

This final check connects all the others.

The agent represents the brokerage transaction.

The developer’s sales team represents the developer.

The seller wants to sell.

The seller’s lawyer represents the seller.

None of them automatically represents the foreign buyer’s independent legal interests.

Before paying a significant deposit, the buyer should obtain independent review of:

Title

Seller

Agent Authorization

Property Identity

Mortgages and Attachments

Contract

Deposit Terms

Payment Structure

Construction Status

and any special foreign-investor requirements.

Why 2026 Electronic Advertisement Verification Does Not Replace Due Diligence

Turkey’s 2026 Electronic Advertisement Verification System requires identity and property-marketing authorization verification for electronic real estate advertisements, and enforcement has expanded across electronic channels, including social-media advertising.

This is an important anti-fraud development.

However, foreign buyers should not misunderstand what it means.

Electronic verification can help answer:

“Is this person authorized to advertise this property?”

It does not necessarily answer:

“Should I buy this property?”

A property can be legitimately advertised while still having a mortgage, construction problem, inappropriate contract, valuation issue or other legal risk.

What Information Should a Professional Agent Have About the Property?

Turkey’s real estate trade rules require significant property information to be addressed within the applicable brokerage documentation. Relevant information can include matters such as:

Title Information

Address

Property Type

Size

Floor

Orientation

View

Physical Characteristics

Zoning and Occupancy Information

Mortgages and Similar Restrictions.

Foreign buyers should therefore be cautious when an agent repeatedly answers basic legal questions with:

“We don’t know. Just pay the reservation fee first.”

Red Flag 1: “The Deposit Must Be Paid in the Next Hour”

Artificial urgency is one of the most common ways buyers are prevented from performing due diligence.

A genuine high-demand property may attract competing buyers, but that does not make legal verification unnecessary.

Red Flag 2: “You Don’t Need to See the Title Deed”

A foreign buyer should be extremely cautious if the agent refuses to provide sufficient information to identify and investigate the property before requesting substantial money.

Red Flag 3: “The Mortgage Is Completely Normal”

Mortgages can be common, but that does not make them irrelevant.

The buyer needs to know exactly how and when the mortgage will be removed.

Red Flag 4: “Pay the Deposit to My Personal Account”

There may occasionally be a legitimate explanation, but unexplained third-party or personal-account payments should be treated cautiously.

The buyer should know who legally receives the money and why.

Red Flag 5: “The Owner Is Abroad, But I Can Sell It”

Ask to see the legal authority.

A person’s claim that the owner gave permission by WhatsApp is not the same as having legally sufficient authority to complete the required property transaction.

Red Flag 6: “The Garden Is Yours—Everyone Knows It”

Legal rights should not depend on what neighbors supposedly understand.

Check the property and condominium documentation.

Red Flag 7: “The Apartment Is 200 m², More or Less”

If size materially affects the purchase price, determine precisely what measurement is being used.

Red Flag 8: “No Need for a Lawyer; Our Lawyer Handles Everything”

The developer’s or agency’s lawyer may perform legitimate professional work, but the buyer should understand whose interests that lawyer represents.

Independent legal advice is particularly important where the buyer is transferring substantial funds before title registration.

Red Flag 9: “This Property Guarantees Citizenship”

No private agent or developer can guarantee the final exercise of governmental citizenship authority simply because an apartment is purchased.

A citizenship-related acquisition requires separate compliance analysis.

Red Flag 10: “Pay 100% Now, Title Later”

This is one of the highest-risk structures for a foreign buyer.

The longer the gap between full payment and title transfer, the longer the buyer remains exposed to risks such as:

Double Sale

Mortgage

Attachment

Developer Insolvency

Seller Refusal

and other third-party complications.

Practical Example: Agent Requests EUR 20,000 Reservation Deposit

A foreign buyer finds an apartment advertised for EUR 500,000. The agent says three other buyers are interested and requests EUR 20,000 immediately.

Before paying, the buyer discovers that the property is subject to a creditor attachment.

Had the deposit agreement been unconditional, recovering the EUR 20,000 could have created an unnecessary dispute.

The better approach is to investigate title status before substantial payment or structure the deposit expressly around satisfactory legal due diligence.

Practical Example: Deposit Paid to Agent’s Personal Account

Foreign buyer transfers EUR 15,000 to the agent personally. The seller later says:

“I never received any deposit and never authorized the agent to collect money.”

The buyer must now establish the agent’s authority and the legal nature of the payment.

Written payment instructions and brokerage documentation become critical.

Practical Example: Wrong Apartment

Buyer views a 10th-floor sea-view apartment and pays a deposit. The contract later identifies another independent unit on the 6th floor.

The discrepancy should be resolved before additional payment.

Never rely solely on marketing apartment numbers.

Practical Example: Private Garden Is Actually Common Property

Buyer pays a premium for a ground-floor apartment with a “private 200 m² garden.” Independent review shows that the garden does not belong individually to the apartment as represented.

The buyer can then decide whether to renegotiate, demand contractual protection or withdraw before becoming substantially financially exposed.

Practical Example: Off-Plan Developer Does Not Own the Land

Agent markets an attractive future development and asks for a EUR 50,000 deposit. Due diligence shows that the developer neither owns the project land nor has sufficiently verified development rights over it.

This is precisely the type of risk that should be discovered before, rather than after, payment.

Practical Example: Mortgage Will Be Removed at Closing

An apartment has a bank mortgage. This does not necessarily mean the transaction must be abandoned. A legally structured closing may coordinate repayment, mortgage release and title transfer.

The buyer should nevertheless avoid simply transferring the full purchase price to the seller and hoping the mortgage will later be removed.

Practical Example: Agent Says the Property Is Citizenship Eligible

Foreign investor intends to use the acquisition within a citizenship investment strategy. Before paying the deposit, the transaction should be reviewed for both property-law and citizenship requirements.

A property being expensive enough in an advertisement does not by itself guarantee that the transaction will qualify.

Documents Foreign Buyers Should Request Before Paying a Deposit

A buyer should generally seek sufficient documentation to investigate the transaction, including the property’s title information, seller identity, agent authorization details, relevant power of attorney where applicable, property plans, construction and occupancy documentation where relevant, developer/company information for off-plan property, deposit agreement, brokerage documentation, payment instructions and documents supporting any material claims concerning parking, garden, terrace or other valuable features.

2026 Pre-Deposit Action Plan

The safest sequence is generally:

Select Property → Verify Agent → Verify Advertisement Authorization → Identify Seller → Identify Exact Property → Obtain Current Title Information → Check Mortgages and Attachments → Check Third-Party Rights → Verify Physical/Legal Property Match → Check Construction and Occupancy Status → Investigate Developer if Applicable → Review Deposit Agreement → Define Refund Conditions → Confirm Deposit Recipient → Confirm Commission → Verify Foreign-Buyer Payment Procedure → Obtain Independent Legal Review → Only Then Transfer the Deposit.

This sequence can prevent a relatively small reservation payment from turning into a much larger legal dispute.

Frequently Asked Questions

1. Is it safe to buy property through a real estate agent in Turkey?

It can be, provided the agent and property are independently verified. Using an agent does not eliminate the need for title, seller, contract and payment due diligence.

2. How can I check whether a Turkish real estate agency is authorized?

Professional real estate businesses are subject to authorization requirements under Turkey’s real estate trade framework. The agency’s authorization information should be independently verified before substantial payment.

3. Does a verified online property advertisement mean the property is legally safe?

No. Electronic authorization verification helps reduce fake and unauthorized advertising but does not replace title, mortgage, construction and contractual due diligence.

4. Should I pay a deposit before seeing the title information?

For a substantial deposit, the safer approach is generally to identify and investigate the property’s current legal status first or ensure that the deposit is expressly conditional on satisfactory due diligence.

5. Can I pay the deposit directly to the real estate agent?

Only after understanding the agent’s authority to receive the money, who legally holds the deposit and the contractual conditions governing its refund or transfer to the seller.

6. Can I recover my deposit if the property has a hidden mortgage or attachment?

Potentially, depending on the contract and circumstances. The deposit agreement should ideally address legal defects discovered during due diligence rather than leaving the issue uncertain.

7. Can an agent guarantee that a property qualifies for Turkish citizenship?

An agent can provide information, but a private intermediary cannot guarantee the government’s final citizenship decision. The transaction must independently satisfy the applicable requirements.

8. Should I use the developer’s or agent’s lawyer?

You may receive information from them, but you should understand whose interests they represent. Independent legal review helps ensure that the foreign buyer’s interests are examined separately.

9. Is paying the entire purchase price before the title deed dangerous?

It can create substantial exposure because payment does not itself make the buyer the registered owner. Payment and title transfer should be coordinated carefully.

10. What are the most important checks before paying any money?

Verify the agent, seller, property identity, current title status, mortgages, attachments, legal/physical characteristics, contract, deposit refund conditions and payment recipient. These checks eliminate many of the most common foreign-buyer risks before substantial money leaves the buyer’s control.

Legal Support for Foreign Buyers Purchasing Property Through Real Estate Agents in Turkey

The most expensive property disputes often begin with a relatively simple sentence:

“Just pay the deposit today and we will check everything later.”

Foreign buyers should reverse that sequence.

The important legal checks should occur before substantial financial exposure, not after the deposit or purchase price has already been transferred.

The essential questions are: Is the real estate agency properly authorized? Does the agent have authority concerning this property? Who is the registered owner? Is the apartment correctly identified? Are there mortgages or attachments? Does the physical apartment correspond with the legal documentation? Is the deposit refundable if due diligence fails? Who is receiving the money? When does the agent’s commission become payable? Is the payment structure appropriate for a foreign purchaser?

Firat Fesih Kaya Law Office assists foreign individuals and international investors with property due diligence and real estate acquisitions throughout Turkey. Firat Fesih Kaya can assist with title deed investigations, real estate agent transactions, deposit agreements, seller verification, mortgages and attachments, powers of attorney, off-plan developments, developer due diligence, property purchase contracts, foreign-buyer payment procedures, citizenship-related acquisitions and disputes concerning deposits or misleading property advertisements.

For foreign buyers, the objective of legal due diligence is not to make the transaction unnecessarily complicated. It is to answer the critical questions before the buyer’s money becomes difficult to recover.

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