Foreign Buyer Receives a Different Apartment From the One Purchased in Turkey: Cancellation and Compensation – 2026 Updated Guide

Wrong Apartment Delivered in Turkey | Foreign Buyer Remedies

Learn what foreign buyers can do when a Turkish developer delivers a different apartment, including cancellation, title deed remedies, price reduction and compensation claims.

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What Happens When a Foreign Buyer Receives a Different Apartment?

A foreign buyer may have important legal remedies if the apartment delivered by a developer or seller is not the same apartment described in the purchase agreement, reservation form, approved project plan or sales documents.

Depending on the facts, the buyer may request:

• Delivery of the originally purchased apartment;
• Delivery of an equivalent or better apartment;
• A reduction in the purchase price;
• Compensation for financial losses;
• Correction of an incorrect title deed registration;
• Cancellation or rescission of the purchase agreement; and
• Refund of payments, with additional damages where legally recoverable.

A developer generally cannot replace the agreed apartment with a materially different unit without a valid contractual basis and proper notice. The buyer’s rights depend on the wording of the agreement, the difference between the units, the status of the title deed and whether the buyer accepted the replacement.

Is Every Apartment Number Change a Legal Violation?

Not necessarily. In some projects, a unit may receive a new number because of administrative renumbering. If the physical apartment remains identical in terms of its floor, block, size, layout, orientation, view, parking rights, storage rights, title share and value, the change may not create a substantial legal problem.

However, the situation is different if the buyer receives:

• A different floor or block;
• A smaller apartment;
• A unit with a different layout;
• A unit with a worse view or orientation;
• A property without promised parking or storage;
• A unit with a lower title share;
• A property with reduced rental or resale value; or
• An apartment that does not satisfy the investment purpose represented to the buyer.

The legal assessment should compare the apartment described in the original documents with the apartment actually delivered.

When Is the Difference Between the Apartments Material?

A difference is more likely to be considered material when it affects the apartment’s use, market value, investment potential or essential characteristics.

For example, a change from a sea-view apartment to an interior-facing unit, from a high floor to a ground-floor unit, or from a three-bedroom apartment to a smaller two-bedroom unit may substantially affect the buyer’s rights.

The following documents may be important:

• The signed purchase agreement;
• Reservation and booking documents;
• Payment receipts and bank transfer records;
• Floor plans and project brochures;
• Apartment, block and unit specifications;
• Sales presentations and advertising materials;
• Emails and WhatsApp messages;
• Photographs and videos;
• Title deed records;
• Approved project plans;
• Parking and storage allocations;
• Delivery and inspection documents; and
• Independent valuation or expert reports.

A foreign buyer should preserve these records before communicating a final acceptance of the replacement unit.

What If the Buyer Has Not Yet Received the Title Deed?

If the title deed has not yet been transferred, the buyer should object in writing as soon as the different apartment is discovered.

The buyer may request that the seller or developer:

1. Explain why the apartment was changed;
2. Provide the revised project and unit documents;
3. Identify the contractual provision allowing the change;
4. Confirm whether the original unit is still available;
5. Offer an equivalent or better apartment; and
6. Pay or agree to a price adjustment if the replacement has a lower value.

The buyer should avoid signing a delivery document stating that the apartment is fully accepted unless the document clearly preserves all objections and claims.

If the original unit has been sold or promised to another person, urgent legal protection may be necessary to prevent further transfer, mortgage registration or other transactions affecting the property. The appropriate remedy depends on the title deed status and the available evidence.

What If the Wrong Apartment Has Already Been Registered?

Title deed registration does not automatically eliminate the buyer’s rights. If the wrong apartment has been transferred, the buyer may still have contractual, property-related and compensation claims.

Possible remedies may include:

• Correction of the registration;
• Reversal of an incorrect transfer;
• Delivery of the agreed apartment;
• Replacement with an equivalent apartment;
• Price reduction;
• Compensation for loss in value; and
• Cancellation or rescission of the agreement in serious cases.

The correct legal action depends on whether the issue resulted from an administrative error, contractual substitution, misleading information, an unauthorized transfer or a registration made with the buyer’s consent.

A buyer should not assume that signing a title deed always means that every claim has been waived. The surrounding documents, negotiations, notices and reservations may remain important.

Can the Buyer Demand the Original Apartment?

In some cases, the buyer may demand performance of the original agreement and delivery of the apartment that was purchased.

This claim is stronger when:

• The apartment is clearly identified in the agreement;
• The original unit still exists and is available;
• The contract contains precise unit, floor, block or plan details;
• The buyer has paid the agreed price;
• The replacement unit is materially different; and
• The buyer objected promptly after discovering the change.

However, specific delivery may become more difficult if the original apartment has been transferred to a third party who acquired rights in good faith, if the project was lawfully altered or if the contract expressly permitted a defined form of substitution.

In that situation, the buyer may instead pursue an equivalent apartment, price reduction, cancellation and compensation.

Does a “Subject to Change” Clause Protect the Developer?

Many property agreements contain clauses stating that project plans, apartment numbers or technical details may be changed. Such a clause does not necessarily give the developer unlimited authority to deliver any apartment.

The interpretation may depend on:

• The exact wording of the clause;
• Whether the change was technical or substantial;
• Whether the buyer was informed before signing;
• Whether the buyer received an equivalent property;
• Whether the change reduced the apartment’s value or quality;
• Whether the buyer relied on specific representations; and
• Whether the developer acted fairly and transparently.

A general change clause may not justify a significant reduction in size, quality, view, location, parking, title share or investment value. The buyer should have the complete agreement reviewed before accepting the developer’s explanation.

Can the Buyer Claim a Price Reduction?

Yes, a price reduction may be considered where the delivered apartment has a lower value than the apartment purchased.

The difference may be assessed by comparing:

• Size and usable area;
• Floor and location;
• View and orientation;
• Construction quality;
• Parking and storage rights;
• Rental potential;
• Resale value;
• Title share; and
• Project amenities and facilities.

An independent valuation report can help demonstrate the financial difference. The buyer should also calculate direct expenses caused by the substitution, such as additional accommodation, moving costs, storage fees, inspection costs and financing expenses, where recoverable.

When Is Cancellation or Rescission Possible?

Cancellation or rescission may be available when the delivered apartment is substantially different and the breach defeats the main purpose of the purchase.

Examples may include:

• A significantly smaller apartment;
• A different project block or location;
• A unit with materially lower market value;
• Loss of promised facilities or parking;
• A different title deed description;
• A property that cannot be used for the represented investment purpose; or
• A replacement made without valid contractual authority.

Cancellation is not always automatic. The buyer may need to send a formal notice, complete a pre-litigation process or commence the appropriate legal action. The buyer may also need to offer restoration of the property or title deed if the transaction has already been completed.

Because legal periods may be strict and may depend on the type of claim, the buyer should obtain advice promptly.

What Compensation Can a Foreign Buyer Request?

In addition to cancellation or performance, a buyer may seek compensation for proven and foreseeable losses.

Depending on the circumstances, a claim may include:

• The difference in market value;
• Loss of rental income;
• Reduced resale value;
• Temporary accommodation expenses;
• Moving and storage costs;
• Additional parking or storage expenses;
• Valuation and inspection costs;
• Certain financing-related losses;
• Payments made for facilities that were not delivered; and
• Other documented direct losses.

Courts may distinguish between proven financial loss and speculative expectations. For this reason, the buyer should preserve invoices, rental comparisons, valuation reports, bank records and written communications.

Immediate Steps for a Foreign Buyer

A foreign buyer who receives a different apartment should take the following steps:

1. Compare the original contract with the delivered unit;
2. Photograph and record the apartment, building and facilities;
3. Request an explanation from the developer in writing;
4. Send a written objection without making unnecessary admissions;
5. Obtain an independent valuation or technical report;
6. Check the title deed and approved project records;
7. Preserve emails, messages, brochures and payment records;
8. Avoid signing a release or full settlement document;
9. Do not stop all payments without legal advice; and
10. Obtain urgent advice if the original unit may be transferred.

A professional written notice may help preserve the buyer’s position and encourage a negotiated replacement or compensation agreement.

Mediation and Court Proceedings

Depending on the parties and the legal nature of the dispute, a mediation process may be required before filing a lawsuit. The proper route may differ between a consumer transaction, a private resale, a commercial investment and a dispute involving a professional developer.

Possible proceedings may concern:

• Contract performance;
• Cancellation or rescission;
• Price reduction;
• Compensation;
• Title deed correction;
• Prevention of a transfer;
• Interim protection; or
• Recovery of paid funds.

The buyer should not select a legal remedy only by its name. The claim must match the documents, the title deed status and the actual harm suffered.

Can a Foreign Buyer Act From Abroad?

A foreign buyer may often manage the dispute from abroad through a properly prepared power of attorney. Depending on the buyer’s country, the power of attorney may require notarization, apostille or legalization, certified translation and additional formalities.

Lawyer Fırat Fesih Kaya can assist foreign buyers with contract review, evidence preservation, developer negotiations, title deed disputes, cancellation claims, compensation demands and court proceedings in Turkey.

The buyer should provide the complete file, including the signed agreement, payment records, project documents, title deed information and all communication with the seller or developer.

Common Mistakes to Avoid

Foreign buyers should avoid:

• Accepting a different apartment verbally;
• Signing a delivery document without reservations;
• Relying only on sales brochures;
• Waiting until the property is transferred to another person;
• Sending aggressive messages that create unnecessary admissions;
• Assuming that a title deed transfer ends every claim;
• Stopping payments without reviewing the agreement; and
• Accepting a refund without calculating all potential losses.

Early legal review may preserve options that become more difficult after delivery, registration or resale.

Conclusion

Receiving a different apartment from the one purchased can create serious contractual and property-related consequences for a foreign buyer in Turkey. The buyer may be able to demand the original apartment, an equivalent replacement, a price reduction, compensation or cancellation of the purchase.

The strongest cases usually depend on clear documents, prompt written objections, reliable valuation evidence and careful review of the developer’s contractual authority. Because deadlines and procedural requirements may vary, the buyer should obtain individualized legal advice before signing additional documents or accepting the replacement property.

Frequently Asked Questions (FAQ)

1. Can a foreign buyer reject a different apartment in Turkey?

Yes, if the delivered apartment is materially different from the one purchased, the buyer may reject it or reserve legal claims. The buyer should object in writing and avoid signing a final acceptance document without legal review.

2. Is changing the apartment number always unlawful?

No. An administrative renumbering may be acceptable if the physical apartment, size, location, view, parking, storage, title share and value remain the same. A substantial change may create legal liability.

3. What can the buyer do before the title deed is transferred?

The buyer may request delivery of the agreed apartment, an equivalent replacement, a price reduction or cancellation. If the original apartment may be transferred to another person, urgent legal protection may be considered.

4. What if the wrong apartment is already registered in the buyer’s name?

The buyer may still have claims for correction, reversal, performance, price reduction, compensation or rescission. The available remedy depends on the registration documents and the circumstances of the transfer.

5. Can the buyer demand the originally purchased apartment?

The buyer may request specific performance when the original unit is clearly identified and remains available. If delivery is impossible or third-party rights intervene, financial and cancellation remedies may become more important.

6. Can a foreign buyer claim compensation for a lower-value apartment?

Potentially. The buyer may claim the proven difference in value and other direct losses, such as additional accommodation, moving, storage, valuation and documented rental losses.

7. Can the buyer cancel the purchase after receiving a different apartment?

Cancellation or rescission may be possible when the difference is substantial, the agreement was seriously breached or the main purpose of the purchase was defeated. The exact procedure depends on the contract and transaction type.

8. Does a “subject to change” clause automatically protect the developer?

No. The clause must be interpreted in context. It may cover technical or administrative changes but may not authorize a material reduction in size, quality, location, facilities or market value.

9. Can the buyer claim lost rental income?

A claim may be possible if the loss is sufficiently connected to the breach and supported by reliable evidence. Rental records, market comparisons and valuation reports can help establish the amount.

10. Can a foreign buyer pursue the claim from abroad?

Often, yes. A properly prepared power of attorney may allow a lawyer to handle negotiations and proceedings in Turkey. Formal requirements may include notarization, apostille or legalization and certified translation.

This article is provided for general informational purposes only and does not constitute legal advice. We recommend consulting a lawyer about your specific circumstances to avoid any loss of rights.

Expert Legal Support

Protecting your investment after receiving the wrong apartment requires timely and professional legal support. By working with an experienced lawyer in Turkey, you can protect your rights in cancellation, title deed, contract, price reduction and compensation disputes.

Fırat Fesih Kaya Law Office provides professional legal assistance to foreign buyers in Turkey and abroad.

Call: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Office: Mevlana Boulevard No:221, Yildirim Tower, Office No:148, Balgat, Cankaya, Ankara, Turkey