Real Estate Project Is Transferred to Another Developer in Turkey: Can Foreign Buyers Object? (2026 Updated Guide)

A real estate project in Turkey is transferred to another developer after a foreign buyer signs a purchase agreement. Learn whether the buyer can object, terminate the contract, demand delivery, recover payments or seek compensation.

Foreign buyers purchasing apartments, villas or commercial units from projects under construction in Turkey may discover that the original developer has transferred the project, land, company shares, construction rights or contractual position to another developer before the property is delivered. Such a change can create significant uncertainty, particularly where the buyer selected the project because of the original developer’s financial strength, reputation, promised completion date or contractual guarantees. A transfer does not automatically eliminate the foreign buyer’s contractual rights. The first legal question is what exactly was transferred. A sale of company shares, transfer of the land, assignment of a construction agreement and attempted transfer of the seller’s contractual obligations can have very different consequences.

What Does “Transfer of the Project” Actually Mean?

The expression can describe several different transactions. The original developer may have sold the land, transferred shares in the project company, assigned contractual rights, transferred construction responsibilities to another contractor or entered into a broader restructuring.

The buyer should therefore obtain documents showing the legal structure of the transfer before deciding whether to accept or challenge it.

Does a Change of Developer Automatically Cancel the Buyer’s Contract?

Generally, the mere fact that another company becomes involved in the development does not automatically erase an existing buyer’s contractual claims.

The buyer should examine who signed the original agreement, what obligations that party undertook and whether those obligations have legally passed to another entity.

Start With the Original Purchase Agreement

The contract is the central document. Review the identity of the seller, developer and landowner, property description, delivery date, payment schedule, title-transfer obligations, technical specifications, delay provisions, termination rights and clauses concerning assignment or transfer.

Foreign buyers should also check whether the agreement allows the developer to transfer contractual rights or obligations to another company.

Assignment of Rights and Transfer of Obligations Are Different

A developer’s ability to transfer a receivable or another contractual right does not necessarily mean that it can freely transfer every obligation owed to the buyer.

The legal consequences depend on the structure of the transaction, contractual wording and applicable Turkish law.

Can the Buyer Object to the New Developer?

Potentially. Whether an objection has legal effect depends on what was transferred and whether the buyer’s contractual position has been changed.

If the transaction attempts to replace the party responsible for delivering the property, the legal basis and contractual consequences should be examined carefully.

A Share Sale Is Different From a Developer Replacement

Sometimes the project company remains exactly the same legal entity but its shareholders change. In that situation, the buyer may still have a contract with the same company even though ownership and management of that company have changed.

This should be distinguished from a transaction where an entirely different company attempts to become the seller or debtor.

Check Who Owns the Land

A buyer should obtain current land-registry information and determine whether ownership has changed.

The developer marketing the project may not always be the registered landowner. The relationship between the landowner, developer, contractor and seller should therefore be mapped accurately.

Has the Land Been Sold to the New Developer?

If the project land itself has been transferred, investigate when and how the transfer occurred and whether existing buyer rights were protected.

A land transfer can become particularly important where the buyer has not yet received title.

Check the Land Registry for Mortgages and Encumbrances

A change of developer may coincide with financial distress. Buyers should determine whether the property is subject to mortgages, attachments, injunctions or other encumbrances.

This review can materially change the urgency of the legal strategy.

Has the Buyer Already Received Title?

The legal risk is usually different where title has already been transferred to the buyer.

If the buyer owns the independent unit but construction remains incomplete, the dispute may focus on completion, defects, common areas and contractual obligations rather than acquisition of ownership itself.

Buyers Without Title Face Greater Risk

Where substantial payments have been made but title remains with the developer or landowner, the buyer should investigate the project’s legal and financial status immediately.

Waiting until construction completely stops can make recovery more difficult.

Review Any Preliminary Sale Arrangement

If the buyer entered into a preliminary real estate sale arrangement rather than receiving title immediately, the legal form and enforceability of that transaction should be reviewed.

The documents signed at the sales office should not automatically be assumed to provide the same protection as registered ownership.

Does the New Developer Have to Honor the Old Price?

This depends on the contractual and transactional structure. A new developer should not simply be assumed to have an unrestricted right to demand additional money from existing buyers.

If additional payment is demanded, request the contractual and legal basis in writing.

Can the New Developer Change the Apartment?

A developer change does not automatically justify unilateral changes to the purchased unit.

Material changes concerning size, floor, orientation, layout, quality, common facilities or technical specifications may create separate contractual claims.

What If the New Developer Changes the Project Design?

Compare the approved and contractual project with the revised version.

Changes affecting the purchased property’s essential characteristics can be more significant than minor technical modifications required during construction.

Can the Completion Date Be Extended?

The new developer may argue that the transfer itself justifies a new delivery schedule. Buyers should not automatically accept this.

Review the original contractual deadline, extension provisions and circumstances causing the delay.

Previous Delay Does Not Disappear With the Transfer

If the original developer was already late before the project changed hands, preserve evidence of that delay.

A restructuring should not automatically erase accrued contractual claims.

Keep Every Advertisement and Brochure

Marketing materials can become relevant where the buyer relied on specific representations concerning facilities, construction quality, delivery date or project characteristics.

Preserve brochures, emails, sales presentations, photographs and relevant messages.

Foreign Buyers Should Preserve Payment Evidence

Keep bank transfers, receipts, invoices and any foreign-exchange documentation connected with the purchase.

The buyer should be able to establish exactly how much was paid, when it was paid and to whom.

Payments to Agents Require Special Review

If money was paid to a real estate agent, consultant or intermediary rather than directly to the contractual seller, determine whether that person was authorized to receive payment.

This can become particularly important after a project transfer.

Do Not Pay the New Developer Without Verification

If the new company sends new bank-account details, verify its legal authority before transferring further installments.

A buyer should understand whether payment to the new entity validly discharges the original contractual payment obligation.

Request Written Confirmation of the Transfer

The buyer should ask for documents identifying the new developer and explaining what rights and obligations it has assumed.

Oral assurances from a sales representative should not substitute for legal documentation.

Ask for a Current Construction Schedule

If the new developer promises completion, request an updated construction and delivery timetable.

Compare the proposed schedule with the original contractual obligations before signing any amendment.

Be Careful With New Agreements

Foreign buyers are sometimes asked to sign a replacement contract after a developer change. The new agreement may contain waivers of delay claims, revised delivery dates, additional payment obligations or weaker guarantees.

Do not sign merely because the document is presented as an administrative update.

Watch for Release and Waiver Clauses

A new contract may state that the buyer releases the original developer or waives all previous claims.

Such clauses can materially affect existing rights and should be reviewed before signature.

Can the Buyer Refuse to Sign a New Contract?

Potentially. Whether refusing creates consequences depends on the original agreement and legal structure of the transfer.

The buyer should first determine whether a replacement contract is actually necessary.

Can the Buyer Terminate the Purchase?

Potentially, depending on the nature and seriousness of the breach, applicable statutory rights and contractual terms.

A developer change alone should not automatically be treated as giving every buyer an unconditional right to terminate. However, failure to deliver, fundamental contractual changes or other serious breaches may create termination or withdrawal issues.

Can the Buyer Demand the Property Instead of a Refund?

Depending on the legal position, the buyer may prefer performance rather than termination.

This may involve seeking completion, title transfer or fulfillment of other contractual obligations.

The appropriate remedy depends heavily on the project’s legal and factual status.

Can the Buyer Recover Payments?

If the contract is validly terminated or another legal basis for repayment exists, recovery of amounts paid may become central.

The buyer should identify which company received the money and whether other parties may also bear responsibility.

Compensation for Delay May Be Possible

Where delivery is late, the buyer may have claims arising from delay depending on the contract and applicable law.

Evidence of the agreed delivery date and subsequent extensions is therefore essential.

Rental Loss Can Become an Issue

Foreign buyers frequently purchase properties for investment and expected rental income.

Whether lost rental income can be recovered depends on the legal basis, evidence and causal connection. Keep market evidence and documents concerning the intended use of the property.

Can the Buyer Claim Currency Loss?

Where the purchase was connected with foreign currency, significant exchange-rate changes can complicate the financial consequences of termination or repayment.

The contractual payment currency, actual payments and applicable legal rules should be analyzed carefully rather than assuming a particular currency adjustment automatically applies.

What If the Original Developer Becomes Insolvent?

The buyer should determine whether insolvency, restructuring, enforcement proceedings or concordat-related processes affect the original developer.

This can fundamentally alter recovery strategy.

The New Developer’s Financial Position Also Matters

A promise to finish construction is only useful if the replacement developer has the legal and financial ability to do so.

Corporate records, project financing and land-registry status should be examined where the investment is substantial.

Can an Injunction Be Requested?

Depending on the dispute, urgent judicial protection may need to be evaluated where there is a risk that property will be transferred, encumbered or otherwise placed beyond effective recovery.

The requirements for interim protection depend on the requested measure and evidence.

Timing Can Be Critical

If the land is being transferred repeatedly or new mortgages and attachments are appearing, delay can substantially increase the buyer’s risk.

Foreign buyers should not wait solely on repeated promises that construction will restart “soon.”

Multiple Buyers May Face the Same Problem

A developer transfer may affect hundreds of purchasers.

However, each buyer’s contract, payment history, unit, title status and legal position should still be examined individually.

Check Whether the Same Unit Was Sold More Than Once

Where a project experiences serious financial problems, buyers should verify the legal status of their specific unit.

If conflicting sales exist, urgent legal analysis may be necessary.

What If the New Developer Demands a Price Increase?

Request the precise contractual basis. Construction-cost inflation or a developer change does not automatically create an unlimited right to rewrite the agreed purchase price.

The buyer should not make additional payments merely because cancellation is threatened.

What If Construction Quality Is Reduced?

Compare the delivered or proposed materials with contractual technical specifications, approved plans and marketing commitments.

Substitution of materially lower-quality materials may create claims independent of the developer transfer itself.

Foreign Buyers Should Review Citizenship-Related Consequences

Where the property transaction was also connected with an immigration or citizenship strategy, changes to the project, ownership structure, valuation or title-transfer process can create additional consequences.

Real estate and immigration issues should therefore be coordinated where necessary.

Power of Attorney Should Be Reviewed

Foreign purchasers frequently act through representatives. Check whether an existing power of attorney gives an agent authority to sign amendments, accept title, release claims or enter into settlement arrangements.

Broad authority should be monitored carefully during a project restructuring.

Do Not Sign a Settlement Without Calculating the Loss

A developer may offer a different unit, delayed delivery, discount or partial refund.

Compare the economic value of the proposed settlement with the buyer’s existing contractual rights before accepting it.

Evidence Should Be Organized Immediately

Create a complete file containing the purchase contract, payment records, land-registry documents, project plans, technical specifications, correspondence, advertisements, photographs, notices and any documents concerning the transfer to the new developer.

A Formal Notice May Be Necessary

Depending on the circumstances, the buyer may need to formally reserve rights, demand performance, object to contractual changes or notify the relevant parties of breach.

The content and timing should reflect the remedy ultimately sought.

Negotiation and Litigation Can Be Used Strategically

A commercially reasonable restructuring can sometimes preserve the buyer’s investment better than immediate termination.

However, negotiations should not be allowed to cause the loss of procedural rights or leave assets unprotected while the project’s financial position deteriorates.

Immediate Action Plan for Foreign Buyers

A foreign buyer who learns that a Turkish real estate project has been transferred should immediately determine what was legally transferred, obtain current land-registry information, identify the contractual seller, review assignment provisions, check mortgages and attachments, verify payments, determine construction status, preserve evidence of delay, request written information from the new developer and avoid signing replacement contracts or waivers until their consequences are understood.

Frequently Asked Questions

Can a Turkish developer transfer a real estate project without the foreign buyer’s consent?

The answer depends on what is being transferred. A share sale, land transfer, assignment of rights and transfer of contractual obligations can have different legal consequences.

Does the buyer’s original contract automatically become invalid?

No such assumption should be made. The original agreement and legal structure of the transfer must be examined.

Can the new developer increase the purchase price?

Not automatically. Any additional payment demand should be tested against the existing contract and applicable law.

Can the new developer postpone delivery?

A project transfer does not automatically erase the original delivery obligations. Contractual provisions and the cause of delay should be reviewed.

Should the buyer sign a new purchase agreement?

Not before comparing it carefully with the original contract. A replacement agreement may contain new deadlines, additional payments or waivers of existing claims.

Can a foreign buyer terminate the contract?

Potentially, where the applicable contractual or statutory conditions are satisfied. The project transfer itself should not automatically be treated as sufficient in every case.

Can the buyer demand title instead of cancelling the purchase?

Depending on the transaction and legal status of the property, performance and title-transfer remedies may need to be evaluated.

Can the buyer recover money already paid?

Potentially, where there is a valid basis for repayment. The identity and financial position of the parties that received the payments should also be examined.

Can the court prevent another transfer of the property?

Depending on the facts and applicable legal requirements, interim judicial measures may be considered where necessary to protect the buyer’s claim.

What should the foreign buyer do first?

Determine exactly what changed legally. Before accepting a new developer, new payment account, new delivery date or replacement agreement, the buyer should review the original contract, current land registry, project ownership and the legal basis on which the new developer claims to have assumed the project.

Client-Focused Legal Support for Foreign Real Estate Buyers

A developer transfer can create serious risks involving unfinished construction, delayed title transfer, additional payment demands, mortgages, project changes, insolvency, contractual termination and recovery of purchase payments. Fırat Fesih Kaya Law Office assists foreign buyers and international investors facing real estate development disputes in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in reviewing project transfers and purchase contracts, investigating land-registry risks, challenging unauthorized contractual changes, seeking title transfer or repayment, evaluating interim judicial protection and pursuing compensation arising from delayed or failed developments.

Phone: +90 312 434 22 22
Mobile / WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey