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Don’t rush to buy real estate
11.06.2007
Don’t rush to buy real estate, there will always be new opportunities!
We have a saying, “A place to live in this world and faith in the other.” It is likely the result of that instinctive desire to truly own a property.

 

 
In the past people who lacked the funds to buy a home would look to cooperative organizations to help them find the money. Now with the new mortgage law coming out, the fall of home-loan rates and installments reaching terms of 20 years, those who presently lack the necessary cash can still take steps toward owning their own house. According to Turkish Central Bank data, home loans were worth YTL 12 billion in 2005, but the figure reached YTL 21.5 billion in 2006. As a result of the previous increase in home-loan rates and the decline in demand, no increase is expected for 2007.

With these advantageous conditions it may be a good time to consider buying a home, but there are some important points to keep in mind. In spite of the large amounts of money being invested, many people still don’t pay attention to crucial points during the buying process. Even a single mistake made during the purchase of a house can cause serious financial problems. The following are some important things that those who want to buy a house should know.

Pay a visit to the Land Registry

First you should check whether the real estate you intend to buy matches the one on the document. Once this has been verified, find out whether there are any restraining declaratory clauses in the document, incorporeal hereditaments, if the construction permit was acquired or not and whether or not the building project was properly carried out. According to the Civil Code and Register of Deeds regulations, real estate records are public and so you have every right to check them for yourself. Through this real estate record you should verify everything, even the door number, for the real estate you want to purchase.

After you have verified the documents, check the register of title of deeds declarations and declaratory clauses regarding compulsory purchase, mortgage, confiscation, tax due (real estate, inheritance tax), easement rights (right of inhabitation, usufruct right) and similar. For example, if someone has a right of inhabitation on the premises that you have purchased, you are obliged to allow them to inhabit that premises for that determined period without any charge. Since the record of these rights is legally available to you, it is assumed that you have purchased the property in full compliance with any pre-existing conditions.

According to the law, a real estate transaction should be made and witnessed at a public notary. Technically all real estate transfers conducted at other locations, even if before a notary, are not considered legal. By going to the municipality of the area where the real estate is located, you should learn whether there are any problems in regularity of building changes in accordance with the building code, whether there is an adequate housing permit, whether estate taxes were paid and whether the building project was done adequately. For example if the building project of the house you intend to buy wasn’t specifically developed for condominium ownership or leasing, it will not be available for legal buying or selling in this manner. You should not forget that these types of buildings are considered to be illegal by the building code. Also, if the total area of each premise within the building is less than that shown in the building plan, in the event of renovation work the room/building size maybe increased to that stated in the building plan.

Be aware of existing tenants

According to the Code of Obligations and the Civil Code, real estate transactions do not nullify rental contracts. For this reason if there is a tenant in the place you plan to buy, you should study the terms of their contract. If the house owner has issued the written engagement for release, you should compare its date with the date of the contract. According to the Real Estate Rental Law you can file a suit against the tenant only six months from the date on which the tenant was informed (through a notary) that the ownership of the property has changed (within one month of this taking place) and that the property needs to be re-leased.

After you decide on the property that you would like to buy, it will be useful to check the traffic situation of the premises’ location, whether there is a market (pazar) nearby and the property’s distance from public transportation and shopping malls. For example you can face dense traffic while going to work in the morning or coming home from work that could cause you long delays. If there is a market on your street, it will mean that you will not be able to use your vehicle at least one day a week.

Another issue is to learn the infrastructure of the building where are your premises are located. You should learn the exact situation when it comes to electricity, water, telephone, natural gas, door attendant, elevator, water tank and your new neighbors’ socioeconomic situation. If you think about the fact that the value of the infrastructure is eight times higher than the price of your premises, these tips will definitely benefit you.

By checking whether the estate receives enough light during the day and whether its roof is without damage you can see whether the building structure is being maintained responsibly. If you are buying the premises through a real estate agent or some other mediator, don’t forget to take the receipts verified by Finance Ministry for any payment, such as the initial payment, commission fee or expenditure fee and similar.

These tips will help you choose a property with which you will be satisfied over the long term, and to avoid fraud or illegality during its purchase.


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