Foreign Buyer Receives an Apartment With Missing Facilities Promised in the Project: Compensation Rights – 2026 Updated Guide

A foreign buyer receives an apartment without facilities promised in the project. Learn about developer liability, completion, price reduction, compensation and cancellation rights.

What If Promised Facilities Are Missing After Delivery?

A foreign buyer may have legal remedies when an apartment is delivered without facilities promised in the project, sales agreement or marketing materials.

Potentially missing facilities may include:

• A swimming pool;
• A fitness center;
• Parking spaces;
• Storage areas;
• Landscaping;
• A children’s playground;
• Security services;
• A spa or social club;
• Shared terraces;
• Sports areas;
• A concierge service;
• Smart-home systems;
• Promised furnishing or appliances.

The buyer’s rights depend on whether the facility was contractually promised, clearly represented during the sale, included in the approved project or merely shown as an illustrative feature.

The absence may constitute incomplete performance, a contractual breach, a defective delivery or misleading commercial representation.

Is the Developer Responsible?

The developer may be responsible if the facility was promised as part of the project and the buyer relied on that promise when purchasing the property.

Developer liability may arise where:

• The facility is expressly listed in the sale agreement;
• The project specification includes the facility;
• The approved plans show the facility;
• The brochure or website presents it as included;
• The sales representative made a specific promise;
• The buyer paid a higher price because of the facility;
• The facility was included in the investment or rental-income presentation;
• The developer delivered the apartment without completing the common areas.

Title deed transfer and physical delivery do not automatically release the developer from contractual obligations. The buyer may still have claims for incomplete delivery or loss of value.

Are Marketing Brochures and Advertisements Evidence?

They may be.

A project brochure, website, video, sales presentation, floor plan, model apartment or message may help prove what the developer represented before the purchase.

The buyer should preserve:

• The original brochure;
• Screenshots of the project website;
• Promotional videos;
• Sales presentations;
• Messages with agents;
• Emails;
• Reservation documents;
• Price lists;
• Project specifications;
• Statements about future facilities.

A court may assess whether the facility was presented as a definite part of the project or merely as a visual example.

General wording such as “facilities may change” may be relevant, but it does not necessarily protect a developer from every claim. A broad disclaimer may be challenged if the project was materially different from what was specifically promised.

What Is the Difference Between a Delay and a Permanent Failure?

The legal remedy may depend on whether the facility is delayed or will never be delivered.

Temporary Delay

If the developer is still legally and practically able to complete the facility, the buyer may request completion within a reasonable period and compensation for the delay.

Permanent Non-Delivery

If the developer cannot or will not construct the promised facility, the buyer may consider:

• A price reduction;
• Compensation for loss of value;
• Reimbursement of additional costs;
• Loss of rental income;
• Adjustment of service charges;
• Cancellation in serious cases.

The buyer should request a written explanation and a realistic completion schedule rather than relying on repeated informal promises.

Can the Buyer Demand Completion?

Possibly.

If the facility is clearly part of the developer’s contractual obligations, the buyer may demand that the developer complete and deliver it.

A formal demand should identify:

• The promised facility;
• The document or advertisement proving the promise;
• The delivery date;
• The current missing or incomplete condition;
• The requested completion;
• A reasonable deadline;
• The buyer’s reservation of compensation and other legal rights.

The buyer should avoid signing a document confirming that the project is fully complete if important facilities are still missing.

Can the Buyer Request a Price Reduction?

Yes, a price reduction may be appropriate when:

• The apartment remains usable;
• The missing facility cannot reasonably be delivered;
• The property is worth less without the facility;
• The buyer wants to keep the apartment;
• The facility was a significant part of the purchase decision;
• The cost of completion can be calculated.

A professional valuation may compare the value of the property as promised with its actual value without the facility.

The buyer may also need to account for the facility’s effect on rental income, service charges, resale value and project reputation.

Can the Buyer Claim Compensation?

The buyer may seek compensation for proven losses, such as:

• The cost of obtaining an alternative facility;
• Additional parking expenses;
• Temporary accommodation;
• Lost rental income;
• Reduced rental value;
• Service charges paid for unavailable services;
• Costs of private security or storage;
• Professional inspection expenses;
• Financing or resale losses;
• Other documented financial damage.

The buyer must generally prove that the loss resulted from the developer’s failure and that the amount is reasonable.

A claim for anticipated future income should be supported by rental agreements, advertising records, market evidence or other reliable documentation.

Can the Buyer Cancel the Sale?

Cancellation or rescission may be considered if the missing facilities represent a serious breach that defeats the purpose of the purchase.

Cancellation may be more relevant where:

• The project was purchased primarily because of its promised facilities;
• The apartment is part of an investment project marketed around those facilities;
• The missing features substantially reduce value;
• The developer cannot complete the project;
• The developer made misleading or fraudulent representations;
• The property is materially different from what was purchased.

Cancellation is not automatic. A court may decide that completion, price reduction or compensation is more appropriate.

The buyer should not unilaterally abandon payments or attempt to reverse the title registration without legal advice.

What If the Contract Includes a “Subject to Change” Clause?

Many project contracts contain wording that allows changes to design, facilities or materials.

The effect depends on the exact wording and the extent of the change. A clause may permit reasonable technical adjustments, but it may not automatically authorize the developer to remove a central facility or substantially reduce the project’s promised quality.

The buyer should examine:

• Whether the clause is clear;
• Whether the buyer was informed before signing;
• Whether the change is minor or material;
• Whether the buyer received an equivalent alternative;
• Whether the price was adjusted;
• Whether the developer acted in good faith;
• Whether the clause unfairly removes all liability.

A broad disclaimer should not be treated as an automatic defense without reviewing the entire transaction.

Is the Building Management Responsible?

The developer is generally the primary party for delivering promised project facilities, especially before completion and handover.

After handover, building management may be responsible for:

• Operating shared facilities;
• Hiring staff;
• Maintaining equipment;
• Keeping the pool or gym open;
• Providing security;
• Managing common areas;
• Collecting service charges.

The buyer should distinguish between:

• A facility that was never constructed;
• A facility that exists but is poorly maintained;
• A facility that is temporarily closed;
• A facility that is unavailable because of management decisions;
• A facility that was never part of the binding project.

The responsible party may be the developer, management, service company or more than one party.

What Evidence Should a Foreign Buyer Collect?

The buyer should preserve:

• The sale agreement;
• Project specifications;
• Delivery documents;
• Title deed records;
• Brochures and promotional materials;
• Website screenshots;
• Sales messages and emails;
• Payment records;
• Photographs and videos of the missing facilities;
• Expert valuation reports;
• Building management records;
• Service charge statements;
• Rental agreements;
• Evidence of alternative expenses;
• Witness information.

The buyer should record when the apartment was delivered and when the missing facility was discovered.

If the facility exists but is unusable, the buyer should document its condition, closure dates, maintenance problems and communications with management.

What Should the Buyer Do First?

A foreign buyer should:

1. Review the contract and project documents.
2. Identify every promised but missing facility.
3. Preserve marketing and sales evidence.
4. Photograph the project and common areas.
5. Request a written explanation from the developer.
6. Ask for a completion schedule.
7. Check the approved project and municipal records.
8. Obtain an expert valuation if value is reduced.
9. Send a formal legal notice.
10. Consider mediation and litigation before claims become difficult to prove.

The buyer should not accept a verbal promise that the facilities will be completed “soon” without a written commitment.

Is Mediation Required?

Pre-litigation mediation may be mandatory for certain consumer, civil or commercial disputes.

Mediation may address:

• Completion of the facilities;
• A price reduction;
• Compensation;
• Service charge adjustment;
• A refund;
• Cancellation of the sale;
• A payment schedule;
• A written completion timetable.

The settlement should identify the facility, technical standards, completion date, inspection process, payment obligations and consequences of delay.

Mediation does not prevent the buyer from requesting urgent legal protection where evidence may be destroyed or the project is being transferred.

Foreign Buyer Living Abroad

A foreign buyer may often pursue the claim without travelling to Turkey.

A lawyer may assist with:

• Reviewing the project documents;
• Preserving digital evidence;
• Communicating with the developer;
• Obtaining municipal and project records;
• Coordinating an expert valuation;
• Attending mediation;
• Filing a compensation claim;
• Requesting completion or price reduction;
• Pursuing cancellation in serious cases.

A power of attorney may require notarization, apostille or consular legalization and certified translation, depending on where it is signed.

Lawyer Fırat Fesih Kaya assists foreign buyers with missing project facilities, developer liability, incomplete delivery, compensation and property disputes in Turkey.

Common Mistakes by Foreign Buyers

Foreign buyers should avoid:

1. Relying only on verbal promises;
2. Losing the original project brochure;
3. Signing a full-completion document without inspection;
4. Accepting an indefinite completion promise;
5. Paying service charges without documenting unavailable facilities;
6. Assuming every missing facility justifies cancellation;
7. Failing to calculate rental and resale losses;
8. Ignoring the developer’s written responses;
9. Waiting too long to send a formal notice;
10. Signing a waiver before reviewing the legal consequences.

Conclusion

A foreign buyer who receives an apartment without facilities promised in the project may have claims against the developer, seller, building management or service company.

The buyer may request completion, a price reduction, compensation, adjustment of service charges or cancellation in serious cases. The correct remedy depends on the contract, promotional evidence, the material importance of the facility and the actual financial loss.

The buyer should preserve evidence, obtain a written explanation, request a realistic completion plan and seek legal advice before signing a release or accepting an inadequate settlement.

Frequently Asked Questions (FAQ)

1. Can a foreign buyer claim compensation for missing apartment facilities?

Yes. Compensation may be available where the facility was promised and the buyer suffered a proven financial loss or reduction in property value.

2. Are project brochures legally important?

They may be important evidence, especially when they clearly present a facility as included in the project and the buyer relied on that representation.

3. Can the developer be forced to complete the facility?

Possibly. If completion is legally and technically possible and the facility was part of the developer’s obligations, the buyer may request performance.

4. Can the buyer request a price reduction?

Yes. A price reduction may be appropriate when the apartment remains usable but is worth less because a promised facility is missing.

5. Can the buyer cancel the property purchase?

Cancellation may be considered when the missing facility represents a serious breach and the property is materially different from what was promised.

6. Does a “subject to change” clause eliminate the buyer’s rights?

Not necessarily. The wording, the importance of the facility and the extent of the change must be reviewed.

7. Who is responsible if a facility exists but is not operating?

Responsibility may involve the building management, service company or developer, depending on whether the problem concerns construction, maintenance or operation.

8. Can a buyer claim a refund of service charges?

Possibly. If charges were paid for facilities that were never delivered or unavailable, the buyer may request adjustment or reimbursement depending on the documents.

9. Is mediation required before suing the developer?

Mediation may be mandatory for certain claims. The requirement should be assessed before filing a lawsuit.

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

In many cases, yes. A properly authorized Turkish lawyer may manage notices, evidence, mediation, valuation and litigation.

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.

If your apartment was delivered without facilities promised in the project, Fırat Fesih Kaya Law Office can review your contract and promotional evidence, assess developer liability, calculate loss of value and pursue completion, price reduction, compensation or cancellation remedies.

Lawyer Fırat Fesih Kaya provides legal support to foreign buyers in incomplete delivery disputes, missing project facilities, developer liability, consumer claims and real estate litigation in Turkey.

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