

A foreign property buyer in Turkey transfers the purchase money to the seller’s relative instead of the registered owner. Learn how bank transfers, messages, unjust enrichment, fraud claims and recovery proceedings may be used to recover the payment.
Foreign buyers purchasing real estate in Turkey sometimes transfer the purchase price not directly to the person registered as the property owner but to the seller’s spouse, child, sibling, business partner or another relative. The buyer may have been told that the relative “handles the payments,” that the seller cannot receive the money personally or that payment to the nominated account is part of the transaction. The legal problem becomes serious when the title transfer does not occur and the registered owner later argues that they never received the purchase price. In such a case, recovery may still be possible, but the buyer must establish why the money was transferred, who requested the payment, whether the registered owner authorized or accepted the arrangement and whether the recipient has a lawful basis for retaining the funds.
The registered property owner and the person receiving the money are legally different persons. A bank transfer to a relative does not automatically prove that the purchase price was paid to the owner.
The foreign buyer may therefore face two simultaneous problems: no title deed and money held by a third party.
The title records should be checked immediately. The buyer must determine who was registered as owner when the payment was made and whether that person actually participated in the transaction.
Statements by an estate agent, relative or intermediary should not replace verification of the title record.
This is one of the most important factual questions.
The buyer should preserve evidence showing who supplied the bank-account details and why payment was directed to that account.
WhatsApp messages, emails, contracts, bank-transfer descriptions and voice messages may become highly important.
If the registered owner personally instructed the buyer to make payment to the relative, the buyer’s position may be substantially different from a situation where an unauthorized intermediary independently supplied the account details.
Preserve the owner’s instructions carefully.
The buyer should determine whether the estate agent was authorized to communicate payment instructions on behalf of the seller.
An agent’s involvement does not automatically prove that every payment instruction was authorized by the property owner.
Obtain the complete bank-transfer records showing:
The payment description can become particularly important if it identifies the property, deposit or purchase price.
Descriptions such as “payment,” “transfer” or “personal” provide less contextual evidence than a description connected with the property transaction.
For payments already completed, preserve other evidence demonstrating their actual purpose.
Messages may show that the recipient knew the money represented the property price or deposit.
Preserve the complete conversation rather than isolated screenshots whenever possible.
Do not delete the original-language conversation after obtaining a translation. The original electronic evidence may later be needed for authentication or expert examination.
Review any reservation agreement, preliminary agreement, deposit document, brokerage agreement or other written instrument.
The agreement may identify the intended seller, payment schedule and bank account.
A payment arrangement should not be confused with the legal transfer of real-estate ownership. Paying the agreed amount does not by itself make the buyer the registered owner.
This distinction becomes especially important where the buyer has paid substantial sums but title was never transferred.
This depends heavily on the legal structure and formal validity of the transaction. A buyer should not automatically assume that payment to a relative gives an enforceable right to compel title transfer.
The documentation and circumstances must be examined before deciding between title-related remedies and monetary recovery.
Potentially. If the recipient has no lawful basis for retaining the funds, monetary recovery claims may be available depending on the factual and contractual structure.
The legal basis should be selected carefully rather than treating every failed property transaction identically.
Where the relative received the buyer’s money without a valid legal basis and continues to retain it after the contemplated transaction fails, unjust-enrichment principles may potentially become relevant.
The exact relationship among buyer, owner and recipient must still be established.
This is a common factual dispute.
If the relative claims that the funds were subsequently delivered to the registered owner, bank movements and other financial evidence may become important.
The buyer’s lawyer should reconstruct the payment chain where possible.
Questions may include whether the money remained in the relative’s account, was transferred to the registered owner, was withdrawn in cash or was sent to another person or company.
Such an admission can materially affect the dispute. Preserve written messages, correspondence and other evidence showing acknowledgment of the payment arrangement.
The buyer must then examine whether the relative had actual or apparent authority, whether the seller later approved the transaction or whether the recipient acted independently.
The factual details become decisive.
If the relative claimed to act for the property owner, determine whether a valid power of attorney existed and what authority it contained.
Possessing a power of attorney for one purpose does not necessarily authorize receipt of the property purchase price for every transaction.
Trace the legal identity of the account holder. A payment made to a company owned by the seller’s relative can create additional questions concerning the company’s role and the basis on which it received the funds.
A relatively small reservation payment and the entire purchase price may involve different factual expectations and risk levels.
Identify exactly what each payment was intended to represent.
Foreign property transactions frequently involve several transfers.
Prepare a payment table showing the date, amount, recipient, bank, description and purpose of every transaction.
If part of the price was paid in cash to the relative, identify witnesses, receipts, messages and any acknowledgment of receipt.
A bare assertion that cash was handed over may be much more difficult to prove than a bank transfer.
Where payment was made in euros, US dollars or another foreign currency, preserve the exact amount and date of transfer.
Currency issues may become important when calculating the monetary claim.
Depending on the legal basis of the claim, default, notices and other circumstances, interest may potentially be requested.
The relevant starting date and applicable interest rules should be determined according to the specific claim.
Where the transaction has failed and the money is not being returned, a formal demand may help establish the buyer’s position and document the recipient’s refusal.
The notice should accurately identify the payments and legal basis rather than contain unnecessary accusations.
If there is a genuine risk that the recipient will dispose of assets before the claim can be enforced, available provisional remedies should be evaluated promptly.
Such measures require legal conditions and supporting evidence; they are not automatic merely because money has been transferred.
Where substantial amounts are involved, the buyer may need to determine whether the recipient owns property, vehicles, bank assets or other attachable assets.
Obtaining a judgment can have limited practical value if recovery planning begins too late.
Depending on the evidence and legal structure, debt-enforcement procedures may be available.
If the recipient objects, the dispute may proceed into litigation requiring proof of the underlying payment obligation.
This depends on the evidence.
Where the registered owner instructed the payment, accepted its benefit or was otherwise legally connected with the payment arrangement, claims involving the owner may need to be evaluated alongside claims against the relative.
Naming unnecessary defendants can complicate proceedings.
The legal relationship of each participant—owner, relative, agent, developer, company and intermediary—should be analyzed separately.
If evidence suggests that the owner and relative jointly induced the foreign buyer to make payment while never intending to transfer the property, the dispute may extend beyond an ordinary failed contractual transaction.
The evidence should be reviewed for potential fraud implications.
No. Failure to complete a property transaction does not automatically establish criminal fraud.
Criminal liability requires examination of the conduct, representations, intent and circumstances rather than merely the existence of an unpaid refund.
A criminal complaint may warrant consideration where there is evidence of deceptive conduct designed to obtain the buyer’s money—for example, false ownership claims, fabricated documents, deliberate impersonation or a coordinated scheme.
The criminal route should not be used merely as leverage in an ordinary civil payment dispute.
Collect title records, bank documents, contracts, messages, advertisements, identification information and communications with all intermediaries.
A chronological evidence file makes the allegations easier to evaluate.
This can significantly change the risk assessment.
Investigate whether other purchasers made payments, whether the property was sold to another person and whether similar representations were repeatedly used.
Where a legally supportable claim directly concerns the property, provisional protection may need to be considered urgently.
The availability of an injunction depends on the nature of the substantive claim and evidence.
Obtain updated title records immediately.
The buyer’s remedies may differ depending on whether the subsequent transaction affects a property-based claim or whether the dispute has effectively become one for monetary recovery.
If an estate agent directed the foreign buyer to pay an unrelated account, made false representations or failed to comply with contractual obligations, the agent’s potential liability may need separate examination.
Online listings frequently disappear after a dispute begins.
Preserve advertisements, photographs, advertised price, seller information and representations concerning ownership.
If the buyer transferred money from a foreign bank, obtain SWIFT records and complete transfer confirmations.
These documents can help establish the payment route and recipient.
The surrounding evidence becomes crucial.
Messages discussing the property, payment schedule, purchase price and title transfer can help demonstrate that the transfer was connected with the real-estate transaction rather than a personal gift.
A successful recovery case requires more than proving that money left the buyer’s account.
The buyer should be prepared to establish why the money was transferred and why the recipient is legally required to return or account for it.
Different legal claims may be subject to different limitation rules.
Foreign buyers should not delay merely because negotiations with the seller are continuing.
If the seller or relative promises repayment, obtain a written repayment plan where possible.
An acknowledgment of debt can become important evidence.
After a failed transaction, buyers are sometimes asked to wait several more months for repayment.
Before agreeing, evaluate whether security, acknowledgment of debt or another protective mechanism should be obtained.
The legal strategy should consider the transaction as a whole rather than focusing solely on one transfer.
The file should include title records, contracts, bank transfers, messages, powers of attorney, brokerage documents, receipts and identity information.
A foreign buyer who paid the seller’s relative but did not receive title should immediately verify the registered owner, obtain updated title records, preserve bank and SWIFT documentation, export complete electronic conversations, identify who instructed the payment, examine any power of attorney, determine where the money subsequently went, send appropriate formal demands, assess provisional protection and enforcement options, and evaluate civil and—where genuine evidence supports it—criminal remedies.
Potentially, yes. Recovery depends on why the payment was made, whether the recipient had authority to receive it and whether there is a lawful basis for retaining the money.
Not automatically. Evidence concerning the owner’s instructions, authorization and acceptance of the payment arrangement can be critical.
It proves that a transfer occurred, but the buyer should also establish why the payment was made. Messages, contracts and payment descriptions can be important.
Electronic communications may become important evidence, particularly where they show who provided the account details and the purpose of the payment.
The subsequent movement of the funds should be investigated through available financial and other evidence.
Potentially, depending on their respective legal roles and the evidence connecting each person with the payment arrangement.
Potentially, where evidence indicates deceptive conduct capable of constituting a criminal offense. A failed property transaction alone does not automatically amount to fraud.
Provisional measures may potentially be available where the statutory requirements are satisfied. They are not automatic and should be evaluated urgently where dissipation risk exists.
Preserve the complete international transfer and SWIFT documentation, together with evidence showing the reason for the payment.
The strongest file usually connects the bank transfer with the property transaction and demonstrates who instructed the buyer to pay the relative, why that account was used and what the seller and recipient said before and after the payment.
Foreign buyers who pay substantial amounts to a seller, relative, estate agent or intermediary without receiving title may need rapid action involving bank-transfer evidence, title investigations, recovery proceedings, provisional measures, enforcement and potential fraud allegations. Fırat Fesih Kaya Law Office assists foreign individuals and international investors in disputes arising from failed real-estate purchases and payments made to unauthorized or third-party recipients in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in tracing the legal basis of payments, pursuing recovery claims, seeking appropriate provisional protection, handling enforcement proceedings and evaluating criminal remedies where the evidence indicates fraudulent conduct.
Phone: +90 312 434 22 22
Mobile: +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