

A foreigner’s property in Turkey was sold without permission through a power of attorney. Learn about title deed cancellation, bad-faith buyers, interim injunctions, revocation, compensation, asset recovery and criminal remedies in 2026.
Foreign nationals who own apartments, villas, land or commercial properties in Turkey frequently use a power of attorney because they live abroad and cannot personally attend every title deed procedure. The arrangement can be convenient, but it can also create serious risks when the representative acts beyond the authority actually intended by the owner. A foreign property owner may discover that an agent, relative, consultant, business partner or other representative has sold the property without genuine permission, transferred it for a suspiciously low price, sold it to a relative or related company, kept the sale proceeds, used a revoked power of attorney or otherwise abused the authority granted.
An unauthorized sale through power of attorney does not always produce one simple remedy. In some cases, the foreign owner may seek cancellation of the registered title and restoration of ownership. In others, particularly where the property has subsequently reached a legally protected good-faith purchaser, recovery of the property may become substantially more difficult and the focus may shift toward compensation, recovery of the sale proceeds, precautionary attachment and claims against the representative or other responsible persons.
The most important practical rule is speed. A foreign owner who discovers an unauthorized transfer should immediately determine who currently owns the property and whether another sale, mortgage or transfer is imminent.
An unauthorized sale can arise even where the power of attorney itself is genuine.
The foreign owner may genuinely have signed a document but the representative may have:
Exceeded the Authority Granted
Ignored the Owner’s Instructions
Sold a Property the Owner Never Intended to Sell
Sold Below an Agreed Minimum Price
Transferred Property to Himself or an Associate
Used the Power After Revocation
Used the Power After Its Contractual Expiry
Received the Purchase Price Without Permission
Kept the Sale Proceeds
or acted in collusion with the purchaser.
The legal consequences depend heavily on the precise wording of the authority and what the purchaser knew.
This distinction is fundamental.
Consider two situations.
Situation A: The foreign owner never signed the power of attorney. The document is forged.
Situation B: The foreign owner genuinely granted authority to sell, but the representative secretly transfers the EUR 700,000 property to his brother for EUR 200,000 and keeps the proceeds.
Both situations may involve serious wrongdoing, but the legal analysis is different.
In the first case, the existence of authority itself is disputed.
In the second, the dispute may concern abuse of existing authority, conflict of interest, bad faith and collusion.
The first priority is not negotiating with the representative.
The first priority is determining the property’s current legal status.
The owner should establish:
Current Registered Owner
Date of Transfer
Person Who Acted as Representative
Power of Attorney Used
Declared Sale Price
Whether Another Transfer Has Occurred
Whether a Mortgage Has Been Registered
Whether Attachments Exist
and whether another title transaction is pending.
An old copy of the title deed is not enough.
The actual transaction documents can reveal how the sale occurred.
Important materials can include the power of attorney used, registration documents, identity information concerning the representative, transaction date and other supporting documents.
This allows the owner to compare what was actually presented during the transaction with the authority originally granted.
Never assume that the document used at the land registry is identical to the owner’s copy.
Compare:
Original Power of Attorney
Copy Used in Turkey
Apostille or Legalization Documents
Turkish Translation
Dates
Property Description
and the exact authority granted.
If the power was issued abroad, document verification can become particularly important.
A power of attorney prepared outside Turkey can potentially be used for Turkish land registry transactions if it satisfies the applicable requirements.
Depending on the issuing country and applicable international arrangements, foreign powers may require appropriate authentication or apostille procedures, sufficient authority covering the requested transaction and a notarized Turkish translation.
Foreign buyers and owners should therefore distinguish between:
A valid foreign power that was abused
and
a foreign document that was never legally sufficient or was fraudulent from the beginning.
Current land registry practice gives particular attention to powers of attorney prepared abroad. Because powers issued under foreign legal systems cannot necessarily be verified through the same domestic notarial databases used for Turkish documents, current administrative practice provides for originals of qualifying foreign-issued powers used in transactions to remain within the land registry archival system.
This can become important evidence when a foreign owner later alleges that the document was forged, altered or improperly translated.
Suppose a foreign investor owns three apartments in Turkey.
The investor grants authority concerning Apartment A.
The representative somehow uses the authority to transfer Apartment B.
The legal analysis should focus on whether the document genuinely authorized the specific transaction and whether the representative exceeded the external scope of authority.
If no valid authority existed for Apartment B, the resulting registration may potentially be challenged.
Suppose instead that the document authorizes the representative to:
Sell Any Real Estate
Determine the Sale Price
Receive Purchase Money
and complete all title procedures.
The foreign owner privately told the representative:
“Only sell Apartment A and never for less than EUR 500,000.”
The representative sells Apartment B.
The dispute can become more complicated because the difference between the authority visible to third parties and the representative’s internal instructions may become important.
This is why foreign owners should avoid unnecessarily broad powers.
Consider:
Property Market Value: EUR 800,000
Owner’s Minimum Instruction: EUR 650,000
Sale Price: EUR 250,000.
A low price does not by itself automatically cancel a registered sale.
However, the price becomes highly significant when combined with other circumstances such as:
Purchaser Is Representative’s Relative
No Genuine Bank Payment Exists
Purchaser Knew Owner Was Abroad
Property Is Immediately Retransferred
or the representative personally benefits from the transaction.
These facts can support allegations of abuse and purchaser bad faith.
A foreign owner discovers that the apartment was transferred to the representative’s:
Spouse
Brother
Sister
Child
Parent
or another close relative.
The family relationship does not automatically prove fraud.
However, it can become important evidence when considered together with price, payment, timing and the purchaser’s knowledge.
A representative may attempt to place the property under indirect personal control.
For example:
Foreign Owner → Company Controlled by Representative.
The company may be legally separate from the representative, but the relationship should be investigated.
Relevant evidence can include:
Shareholding
Management
Beneficial Ownership
Company Address
Payment Trail
and the circumstances surrounding the transfer.
The same analysis applies where the purchaser is a long-standing business partner or associate.
The question is whether the purchaser genuinely entered an arm’s-length transaction or participated in the representative’s abuse of authority.
Potentially.
Where a property has been transferred without valid authority or through legally defective conduct, a title deed cancellation and registration claim may potentially be pursued to remove the wrongful registration and restore ownership.
However, cancellation is not automatic merely because the owner says:
“I never wanted this sale.”
The court must examine the authority, transaction, purchaser’s position and evidence.
This is generally the central property-focused remedy where the foreign owner seeks the property itself rather than only financial compensation.
The objective is essentially:
Cancel the wrongful registered ownership and restore registration to the rightful owner.
Whether this remedy succeeds depends on the legal reason making the current registration defective.
A forged power presents one of the clearest forms of alleged unauthorized representation.
The foreign owner may state:
“I never signed this document.”
Investigation may require:
Signature Examination
Verification of Foreign Notary
Verification of Apostille
Comparison With Authentic Documents
and examination of the land registry transaction file.
The fact that a document visually resembles an official foreign power does not establish authenticity.
The owner may have signed a legitimate limited power that was later altered.
For example:
Original authority:
“Purchase real estate.”
Document allegedly used:
“Purchase and sell real estate and receive sale proceeds.”
The original and transaction versions must be compared carefully.
A foreign-language power may also be translated incorrectly or dishonestly.
Suppose the original document permits only:
Property Management
but the Turkish version includes:
Authority to Sell.
The translator, representative and circumstances of submission should be investigated.
Another important category is a transaction performed after the owner revoked the authority.
The timeline should be reconstructed precisely:
Date Power Was Granted
Date Revocation Occurred
Date Revocation Was Communicated
Date Relevant Land Registry Records Were Updated
Date Sale Application Was Made
Date Registration Occurred.
A difference of several days can become legally important.
Current land registry practice permits revocation information concerning powers used for title procedures to be recorded through the relevant land registry mechanisms. A person can make the appropriate revocation request personally through a land registry office, and the Web Tapu system also provides a route for recording revocation in relation to land registry transactions.
Current administrative guidance emphasizes prompt registration of revocation information in the electronic revocation records.
This makes immediate action particularly important where abuse is suspected.
Under current land registry practice, revocation entered through Web Tapu can cover powers granted before the date of the Web Tapu revocation for land registry transaction purposes.
However, the exact scope of the intended revocation should be considered carefully, especially where the owner has issued several powers to different representatives.
A foreign owner who discovers suspected abuse should not simply send an ordinary email saying:
“I revoke my power of attorney.”
Current administrative guidance specifically requires revocation requests to follow the accepted procedures for proper identity verification and fraud prevention.
The owner should use the recognized revocation mechanisms.
This is critical.
If the property was sold yesterday and the owner revokes the power today, the revocation may help prevent future transactions but does not automatically cancel yesterday’s registered sale.
Judicial remedies may still be necessary.
Where the property has already been transferred but may be sold again, an interim injunction can become one of the most important remedies.
The owner may seek a judicial measure preventing further disposition while the title dispute is pending, provided the legal requirements are satisfied.
This can protect against:
Second Sale
Third Sale
Transfer to Related Company
or other disposition.
Consider this sequence:
Foreign Owner → Unauthorized Buyer A → Buyer B.
If Buyer A participated in the representative’s fraud, the foreign owner may have strong arguments against Buyer A.
But if Buyer A quickly transfers the property to an unrelated Buyer B who acquires under circumstances protected by Turkish land registry principles, recovery can become substantially more difficult.
Therefore, stopping the next transfer may be more important than lengthy negotiations with the representative.
Turkish property law gives significant importance to the security of the land registry.
In applicable circumstances, a person who acquires a registered real right in good faith by relying on the land registry can receive legal protection.
This creates one of the most difficult issues in unauthorized power-of-attorney sales.
The original owner cannot safely assume:
“Because the first transaction was fraudulent, every later title is automatically invalid.”
Each acquisition must be examined.
The analysis can include whether the purchaser:
Knew About the Representative’s Abuse
Knew the Owner Objected
Knew the Power Was Revoked
Participated in the Fraud
or encountered circumstances that should have raised serious doubts.
The precise legal test depends on the case.
Potentially important facts include:
Close Relationship With Representative
Very Low Sale Price
No Real Purchase Payment
Immediate Retransfer
Purchaser Participated in Negotiations With Owner
Purchaser Previously Knew Owner Had Refused Sale
Corporate Relationship
and communications showing knowledge of the scheme.
No single fact automatically proves bad faith, but the combined picture can be powerful.
Foreign owner’s villa is worth approximately EUR 900,000.
Representative transfers it to his brother for EUR 300,000.
No EUR 300,000 bank transfer can be identified.
The brother transfers the villa to another related company three weeks later.
These facts justify detailed investigation of whether the transactions were genuine and whether the registered purchasers acted in good faith.
Foreign owner gives broad authority to sell.
Representative improperly keeps the EUR 600,000 proceeds.
An unrelated purchaser pays EUR 600,000, completes the transaction normally and has no knowledge of the representative’s wrongdoing.
This may present a very different case.
The owner’s strongest remedy may be against the representative for the missing money rather than against the innocent purchaser’s title.
This distinction should always be made.
The owner challenges the representative’s authority to transfer the property.
The owner authorized the sale but the representative stole or withheld the proceeds.
In the second situation, title cancellation may not necessarily be the correct primary remedy.
The case may principally involve recovery of money and damages.
If the power expressly authorizes the representative to receive the sale proceeds, the purchaser may potentially satisfy the payment obligation by paying the authorized representative.
The owner’s later inability to recover the money from the representative does not automatically mean the purchaser must pay twice.
The exact authority and purchaser’s good faith matter.
A different problem arises where the representative had authority to sign the title transfer but not to collect the purchase price.
Payment documentation must then be analyzed carefully.
The purchaser may need to prove where and how the sale consideration was paid.
A serious unauthorized-sale investigation should not focus only on the title deed.
It should also ask:
Who Received the Sale Price?
Which Bank Account?
Was the Money Withdrawn?
Was It Sent Abroad?
Was It Transferred to a Relative?
Was Another Property Purchased?
Was It Transferred to a Company?
Tracing the financial benefit can identify additional defendants and recoverable assets.
Where the foreign owner has a qualifying monetary claim against the representative or another responsible person, precautionary attachment may potentially be available if the legal requirements are satisfied.
This can be especially important if the representative appears to be disposing of assets.
Depending on the debtor and applicable enforcement rules, investigation can focus on:
Bank Accounts
Real Estate
Vehicles
Company Shares
Receivables
and other identifiable assets.
Obtaining a judgment against a person who has already moved every asset can produce little practical recovery.
In complex cases, the foreign owner may need to protect two different things:
The Property
and
The Money.
An interim injunction can potentially protect the disputed property, while precautionary attachment can potentially secure a qualifying monetary claim.
The remedies should not be confused.
Potentially.
Where the representative’s misconduct causes financial loss, compensation claims may arise depending on the legal relationship and conduct.
Possible losses can include:
Property Value
Missing Sale Proceeds
Certain Transaction Expenses
and other provable losses caused by the wrongful conduct.
The amount and legal basis require case-specific analysis.
Suppose a representative wrongfully sold a property for EUR 300,000 three years ago.
The property is now worth EUR 700,000.
The foreign owner should not automatically assume that the compensation claim equals EUR 700,000.
Valuation date, legal basis, causation and the nature of the claim can materially affect the recoverable amount.
Expert valuation may be required.
An unauthorized property sale may also involve criminal conduct.
Depending on the evidence, possible issues can include:
Fraud
Forgery
Abuse of Trust
Use of False Documents
and other offences.
A criminal complaint may help investigate the creation, use and financial consequences of fraudulent documents.
This cannot be emphasized enough.
A foreign owner files a criminal complaint and receives a criminal investigation number.
That does not automatically mean:
The Title Has Been Cancelled
The Property Cannot Be Sold
The Mortgage Has Been Removed
or
The Money Will Be Returned.
Civil property and asset-protection measures must be evaluated independently.
If another property transfer is possible, waiting for the criminal investigation to develop can create unnecessary risk.
Civil protective measures should be considered immediately where appropriate.
The fraudulent purchaser may use the property as collateral.
Now the case involves:
Original Owner
Unauthorized Purchaser
and
Bank or Other Mortgage Creditor.
The lender’s legal position and good faith must also be analyzed.
This illustrates how quickly an initially simple unauthorized sale can become complicated.
Power-of-attorney abuse can also involve an unauthorized mortgage while ownership remains registered to the foreign owner.
The foreign owner may not discover the problem until enforcement proceedings begin.
Immediate examination of the mortgage authority and lender’s position is required.
A representative may transfer the property without genuine consideration to a relative or associate.
The fact that no normal sale price was paid can be highly relevant.
The precise authority required for the transaction and the transferee’s knowledge should be examined.
Self-dealing deserves particularly close scrutiny.
The power should be examined to determine whether the representative had authority for such a transaction and whether applicable rules permitted the representative to act on both sides.
The economic circumstances should also be investigated.
Sometimes the owner genuinely signed a Turkish power of attorney without understanding how broad it was.
The owner later says:
“I thought I was authorizing property management, not sale.”
This does not automatically make the document invalid.
However, the circumstances of execution, translation, explanation, misrepresentation and representative conduct may become relevant.
Foreign owners should always obtain an independent translation before granting extensive property authority.
Fraud can also involve an interpreter who intentionally misrepresents the document.
For example, the owner is told:
“This allows your representative to collect property documents.”
The actual document contains extensive sale and payment authority.
Evidence concerning the interpreter, communications and transaction may become relevant.
Foreign owners sometimes believe a power automatically expires after several years.
That is unsafe.
Under current land registry guidance, age alone does not necessarily terminate a power where no termination event or specified expiry applies.
A document may therefore remain usable even many years after execution.
If authority is no longer required, it should be formally revoked rather than simply forgotten.
Agency authority can terminate for various reasons depending on the agreement and applicable law, including circumstances involving death, incapacity, bankruptcy, resignation, revocation or expiry.
However, individual documents can contain provisions affecting continuation in certain circumstances.
Never assume termination without reviewing the actual authority and legal framework.
Foreign owners should treat a property power of attorney like access to a high-value financial account.
Where possible:
Identify the Exact Property
Limit the Transaction Type
Avoid Unnecessary Mortgage Authority
Avoid Unnecessary Donation Authority
Limit Authority to Receive Sale Money
Consider Duration
Restrict Substitution Where Appropriate
Verify the Representative
and revoke authority when the transaction is completed.
A foreign buyer who only needs someone to purchase one apartment should question why the proposed document also includes authority to:
Sell All Properties
Mortgage All Properties
Receive All Money
Donate Property
and appoint substitute representatives.
Every unnecessary power creates additional risk.
Where commercially and legally appropriate, the sale price can be structured so that it goes directly to the foreign owner’s verified bank account rather than the representative’s personal account.
This can significantly reduce misappropriation risk.
Foreign owners living abroad should keep their contact information current in relevant official systems.
Notifications concerning land registry activity can provide an important early warning.
An obsolete telephone number can mean the owner learns about a suspicious transaction only after completion.
Ownership should be periodically verified.
The foreign investor should consider checking whether there has been any unexpected:
Transfer
Mortgage
Attachment
Application
or other registered change.
A property should not remain unmonitored for years merely because the owner holds the original title deed document.
A common misconception is:
“The original title deed is in my safe abroad, so nobody can sell the apartment.”
Turkish ownership is based on the official land registry, not possession of a paper title deed alone.
Holding the document does not substitute for monitoring the registry.
Foreign owner authorizes a representative only to manage utilities and administrative matters.
Representative somehow transfers the apartment.
The authority used in the title transaction should immediately be obtained and compared with the original. Title cancellation and urgent interim protection may be appropriate depending on the facts.
Owner authorizes sale of an apartment for EUR 500,000 and authorizes representative to receive the money.
An unrelated purchaser pays EUR 500,000 in good faith.
Representative disappears with the funds.
The primary dispute may be against the representative for financial recovery rather than against the purchaser.
Owner revokes the power and appropriately records the revocation.
Representative nevertheless attempts a subsequent title transaction.
The exact dates and system records become crucial evidence.
If registration nevertheless occurs, immediate title litigation should be considered.
Property worth EUR 1 million is transferred for EUR 250,000 to a company wholly controlled by the representative.
The transaction is followed two weeks later by another transfer.
The ownership structure, consideration, bank records and timing can become important evidence of bad faith and coordinated conduct.
Representative wrongfully transfers the property to an associate.
The associate later sells it at market value to an unrelated purchaser who claims no knowledge of the original misconduct.
The foreign owner’s ability to recover the property can become significantly more complicated because the later purchaser’s good faith must be assessed.
The foreign owner has not checked the property for two years.
During that period it has been transferred three times and mortgaged.
The case now requires analysis of every registration in the chain.
This demonstrates why early detection is critical.
A foreign owner should preserve and obtain the original power of attorney, revocation documents, foreign notarial documents, apostille or legalization documents, notarized Turkish translation, current land registry information, complete title transaction file, sale agreement, bank and SWIFT records, appraisal evidence, communications with the representative, WhatsApp and Telegram conversations, emails, voice messages, purchaser information, corporate records concerning related companies, proof of market value and all documents showing the owner’s actual instructions concerning the property.
Where a foreign owner’s Turkish property has been sold through an allegedly unauthorized power of attorney, the practical sequence should generally be: Check Current Land Registry → Identify Current Owner → Identify Every Transfer → Obtain the Power Used → Compare It With Original → Verify Foreign Authentication Where Relevant → Verify Turkish Translation → Check Whether Power Had Been Revoked → Obtain Revocation Records → Identify Purchaser → Investigate Relationship Between Purchaser and Representative → Determine Actual Sale Price → Trace Purchase Money → Investigate Subsequent Purchasers → Assess Their Good Faith → Check Mortgages and Attachments → Revoke Remaining Powers → Consider Immediate Interim Injunction → Prepare Title Deed Cancellation and Registration Claim Where Legally Available → Investigate Representative Assets → Consider Precautionary Attachment → Calculate Monetary Loss → File Criminal Complaint Where Evidence Supports Criminal Conduct → Coordinate Title Recovery and Compensation Strategy.
Potentially. A title deed cancellation and registration action may be available depending on the representative’s authority, legal defect in the transfer and the position of the current registered owner.
Signing the power does not automatically make every transaction legitimate. The exact scope of authority, representative’s conduct and purchaser’s knowledge must be examined.
No. Revocation can prevent or restrict future use of authority, but it does not automatically reverse a completed title registration. Judicial action may be necessary.
Current land registry procedures provide mechanisms for recording revocation for title transaction purposes, including Web Tapu procedures. The scope and timing should be handled carefully.
The relationship does not automatically invalidate the sale, but it can become important evidence when combined with a suspiciously low price, lack of genuine payment or other evidence of collusion.
The purchaser’s title may remain protected if the sale itself was authorized and the purchaser acted legitimately. The primary claim may then be against the representative for the sale proceeds and damages.
Every subsequent transfer must be examined. A later purchaser’s good faith and reliance on the registered title can materially affect whether the property can still be recovered.
Potentially. An interim injunction may be available where the procedural requirements are satisfied. Acting before another transfer occurs can be extremely important.
Where evidence indicates fraud, forgery, abuse of trust or similar criminal conduct, criminal remedies may be appropriate. However, a criminal complaint does not replace the civil property and asset-recovery strategy.
Obtain current land registry information, secure the power of attorney and transaction documents, determine whether further transfers are imminent, revoke any remaining authority and obtain urgent legal advice concerning an injunction and title cancellation proceedings.
An unauthorized sale through power of attorney is rarely resolved simply by proving:
“I did not want to sell.”
The decisive legal questions are more detailed: What authority did the representative actually possess? Was the power genuine? Was it altered or mistranslated? Had it been revoked? Did the representative technically possess sale authority but abuse the owner’s instructions? Who purchased the property? Did the purchaser know about the abuse? Was the sale price genuine? Where did the money go? Has the property subsequently been transferred or mortgaged? Can another transfer still be stopped?
Firat Fesih Kaya Law Office assists foreign property owners and international investors in disputes arising from unauthorized Turkish property transactions. Firat Fesih Kaya can assist with unauthorized sales through powers of attorney, misuse of foreign powers, forged documents, title deed cancellation and registration proceedings, interim injunctions, revocation of powers, bad-faith purchaser disputes, fraudulent mortgages, recovery of sale proceeds, precautionary attachments, asset tracing and related criminal complaints.
For foreign owners, the greatest danger is often not only the first unauthorized sale but what happens next. Once the property is transferred again to additional registered purchasers or used as security for financing, the dispute can become substantially more difficult. Immediate investigation of the land registry and appropriate protective measures can therefore determine whether the owner ultimately has a realistic path to recover the property itself or must primarily pursue financial compensation.
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