The Turkish Union of Notaries announced on its website that a
seller's guarantee declaration is sufficient for preliminary
pre-paid sale contracts which are executed before notaries. The
Turkish Union of Notaries sought the opinion of the Ministry of
Customs and Commerce on the topic, before making its website
announcement on 5 August 2015 (numbered 67).
Certain content must be included in preliminary pre-paid sales
contracts for houses, executed with consumers before notaries.
However, in practice some notaries also request demonstrative
guarantee documents. Therefore, the Turkish Union of Notaries
sought information from the Ministry of Customs and Commerce.
For projects with 30 or more houses, pre-paid contracts for sale
of the houses must include information about the seller's
guarantees (Article 7 of the Regulation regarding Pre-paid
Contracts for Sale of Houses, published in Official Gazette number
29188 on 27 November 2014; "Regulation").
Within this context, the Turkish Union of Notaries sought to
clarify whether for preliminary pre-paid contracts regarding sale
of houses, notaries must either:
Issue the contract's guarantee
terms in line with the parties' declaration, or
Request demonstrative guarantee
documents from the parties.
The Ministry of Customs and Commerce advised that for projects
of 30 or more houses, the seller must provide:
The mandatory content (stipulated
under the Regulation) to the consumer at least one day before
execution of the contract, and
At least one of the guarantee types
outlined in Article 12 and subsequent articles of the
The Ministry of Customs and Commerce advised that notaries do
not need to seek demonstrative documents for such guarantees.
However, it noted that notaries should complete the contract's
mandatory content, as outlined by Article 7 of the Regulation,
including the guarantee information.
The Turkish Union of Notaries' announcement is in line with
the opinion given by the Ministry of Customs and Commerce.
Accordingly, it announced that notaries do not need to request
substitutive guarantee documents in such transactions. Rather,
notaries should simply complete the preliminary pre-paid contract
by filling in the necessary information, including the guarantee
Please see this link to see the full text of the ruling (only
available in Turkish).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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