You have found a property you love. The seller has accepted your offer, and the estate agent now asks you to pay a deposit to secure it. You may feel excited, but also worried about losing the property if you wait.
Before paying a property deposit in Turkey, ask an independent lawyer to check the property, the person receiving the money and the proposed agreement. An accepted offer alone does not establish that the purchase is safe or that you can recover your money if something goes wrong.
This guide explains what to check before paying, which questions to ask and what to do if you have already sent money. It focuses on an ordinary resale of an existing home. Purchases from a seller acting commercially may involve consumer protection rules, including those for prepaid housing sales. Ask your lawyer which rules apply.
Does an accepted offer mean the property is mine
No. Accepting an offer and paying a deposit do not transfer ownership to you. The purchase still requires the relevant official sale procedure and registration of ownership.
Turkish law sets formal requirements for property sale contracts and promises to sell. A promise to sell normally requires a notary to draw up the agreement in official form. Simply witnessing or certifying signatures is not the same process. A private reservation form, receipt or WhatsApp message does not replace the required formalities.
Ask your lawyer what the proposed document actually does. Does it record a payment, reserve the property for a period or create a legally effective commitment? These are different questions. Simply putting an agreement in writing does not settle them.
What does the deposit actually mean
People may use “deposit”, “reservation fee” or the Turkish word kapora for different payments. The label alone does not tell you your rights.
The Turkish Code of Obligations distinguishes money paid as evidence of a concluded agreement from an agreed withdrawal payment. These can have different consequences if either party withdraws. However, property transactions also have formal validity requirements, so you should not apply general deposit rules without checking the agreement.
Ask your lawyer whether the payment counts towards the purchase price, what obligation it creates and what happens if either side does not proceed. Do not assume that every deposit is refundable or that changing your mind always means losing it.
What should I check before paying
Start with the seller’s identity, ownership and authority to sell. Ask your lawyer to check the current Land Registry records and confirm that they relate to the exact property you viewed. A copy of a title deed may help identify the property, but it should not replace current checks.
Your lawyer should also review mortgages, liens, restrictions and other rights affecting the property. Ask how any relevant issue would affect your purchase and how the parties would resolve it.
Depending on the property, further checks may include building permissions, occupancy approval, alterations, tenants and shared ownership. If you are a foreign buyer, ask whether your nationality and the property’s location create any restrictions on acquisition.
Tell your lawyer how you intend to use the property. A holiday home, rental investment and citizenship-related purchase can raise different questions. For wider background, read our guide to legal mistakes foreign buyers make when buying property in Turkey.
Who should receive the money
Before transferring money, establish who will receive it and why they have authority to do so. The seller, estate agent and developer may have different roles.
If an agent asks you to pay into their account, ask for evidence of their authority to receive the payment and an explanation of how they will hold or pass on the funds. Clarify whether any part represents an agency fee rather than money towards the property.
Ask your lawyer to check the proposed recipient and payment arrangements. If someone describes an account as “escrow” or a “client account”, ask what safeguards actually apply. Do not assume the label guarantees protection.
Confirm bank details through a trusted, independently verified contact, particularly if someone changes them shortly before payment. Use a traceable payment method and keep the transfer record, agreement and written acknowledgement.
What should the agreement cover
Ask your lawyer to review the document before you sign or pay. Clear terms matter, but so does using the correct legal form for the intended arrangement.
The proposed terms should address:
The buyer, seller and any authorised person receiving the money.
The exact property, including its Land Registry details.
The purchase price, payment amount, currency and treatment of the deposit.
Any reservation period and the timetable for completing checks and the sale.
What happens if legal checks reveal a problem or the purchase cannot proceed.
What happens if the buyer or seller withdraws, including refund terms and deadlines.
Responsibility for agency fees and other agreed charges.
If financing or another condition matters to your decision, raise it before committing. A verbal assurance that “we will sort it out later” leaves important questions unanswered.
Make sure you understand the document in a language you can read. Ask your lawyer to explain any differences between language versions and which wording governs the agreement.
Will I get my deposit back if the sale falls through
There is no single answer for every property deposit in Turkey. Your position depends on the payment’s legal nature, the agreement’s validity and terms, and why the transaction failed.
If the underlying property agreement is invalid because it does not meet the required legal form, you may have a claim to recover the payment under unjust enrichment rules. These rules concern money retained without a valid legal basis. A “non-refundable” label does not, by itself, settle whether the recipient can lawfully keep it. Ask your lawyer to assess the agreement and any separate agency contract.
For example, a seller’s inability to complete the transfer raises different questions from a buyer simply changing their mind. An agency fee may also require a separate assessment.
Before paying, ask your lawyer to explain the likely consequences of the situations that concern you. If a dispute later arises, seek advice before signing a cancellation document or accepting a settlement.
What if the agent says I must pay today
A deadline may reflect the seller’s plans, but it does not answer your legal questions. Ask for the proposed agreement, property details and payment instructions, then arrange a prompt review.
You could say: “I am ready to proceed, subject to my lawyer checking the property and payment terms. Please send the documents so we can agree the next step.”
If someone refuses basic documents or discourages independent advice, pause before sending money. Decide with a clear understanding of the risk, rather than allowing urgency to replace the checks.
Can I arrange the checks while I am abroad
You can contact a Turkish lawyer and share the proposed documents before travelling. Ask what they can check remotely and whether any later steps require a power of attorney or your attendance.
If you need someone to act for you, agree the scope of their authority before preparing the document. Our guide to power of attorney in Turkey explains the general approach for overseas clients.
What if I have already paid
Gather your transfer records, receipts, signed documents, property listing and messages with the seller or agent. Write down who requested the money, who received it and what they promised.
Contact a lawyer before making further payments or signing new terms. Explain any approaching deadline and whether you still want to buy the property or recover the payment. Your lawyer can assess the documents and advise on the next step.
How Burcu Yılmaz Sayılgan Law Office can help
Burcu Yılmaz Sayılgan Law Office assists foreign buyers with Turkish property transactions. The office can review the proposed documents, check ownership and relevant property records, and explain the legal risks before you commit.
If the seller has accepted your offer and someone is asking for a deposit, contact our office with the property details and proposed agreement. Early advice can help you decide whether to proceed, seek changes or pause the transaction.
This guide provides general information. Your rights depend on the property, documents, payment arrangements and applicable law. Obtain advice about your circumstances before committing money.
