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Author Topic: Purchasing your property in Kalkan - Any problems encountered.  (Read 16749 times)

Offline DRBD

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Purchasing your property in Kalkan - Any problems encountered.
« on: September 21, 2007, 09:19:31 AM »
For advice to those of you who have not yet purchased property but maybe thinking of doing so, are there any words of advice members could give as to  a) the first steps b) any bad experiences that could be passed on C) legal paper work etc. D) costs............................the list is endless

Obviously no advertising but some words of wisdom might be an advantage. : over to all



Linkback: https://enjoykalkan.com/forum/buying-a-property-and-real-estate/5/purchasing-your-property-in-kalkan-any-problems-encountered/711/
« Last Edit: May 26, 2008, 09:02:57 AM by DRBD »
Age & Treachery will overcome Youth & Skill

Offline pussygalore

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #1 on: September 21, 2007, 09:51:56 AM »
We bought our villa 4 years ago, it all went very well.If you would like the name of our agent please email me. They are now our managing agents,and our villa is always spotless,they also arrange,painting,varnishing etc,they have been fantastic!

Offline felicity

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #2 on: September 21, 2007, 11:00:29 AM »
DRBD - I know you had more than your fair share of problems - so how about you start off and tell us what what wrong and why and how and where newbie prospective buyers should learn from your experiences and what areas they should be particularly vigilant in etc etc.  I''m sure you have plenty of good advice - and in the end - at least it worked out for you - but nobody should have to go through the sort of stress and hassles that you obviously did.  I appreciate that you can''t name names - but general advice/things to watch out for - would be much appreciated I know!

Personally speaking - we were extremely lucky and had no problems - so ours is not typical (or is it??  ???0) and we were very fortunate to not have to deal with ANY estate agents - which must be a good thing  ;) but i know we were very lucky - all I would say to prospective buyers is - homework, homework, homework as regards prices, deals, location, estate agents etc.  I spent 1 entire week in February and looked at 45 villas with various people (both agents and private people) so by the end of the week I was pretty clued up as to prices, locations, what to watch out for etc etc and I did p*** some agents off by knowing exactly what was what AND the real price so that they couldn''t pull the wool.... :P  I think sometimes people forget their brains on holiday - go with 1 agent - and look at 1 house, fall in love and buy purely on spec - which fortunately for some - it works out but for others they have been well and truly ripped!!   :-[
Villa Kirmizi Lale - www.villakirmizilale.co.uk

Offline felicity

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #3 on: September 21, 2007, 04:41:36 PM »
Hi DRBD - that is a very sad tale and one I hope never has to be repeated by anybody else.  What do you think are the most critical things that people should watch out for when purchasing their property - say your list of the 5 most important Do''s and Don''ts...

It is worrying that this builder and his wife are still trading in Kalkan - as presumably other people could fall into the same trap...or is that not possible??

Thanks for taking the time and trouble to write this!

Offline Pete

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #4 on: September 21, 2007, 04:56:21 PM »
Here''s my thoughts and experiences.

1) Do not pay any more than a 5% deposit. Most Estate Agents will tell you that 10% is the norm.

2) Do NOT agree to any form of interim payment if you are buying a property that is already built or is a resale. This is not normal practise in Turkey despite what the Estate Agent might tell you. We fell for this one, and after we made the interim payment we were then subjected to demands, by the Vendor, for over £100K in actual cash for the final payment!!! When we refused to pay, we were then subjected to further demands/threats, from them, that the price would go up by £30K to pay the their Tax Bill!!! Luckily we had a very good Turkish Lawyer here in the UK, who got all our money back. But it was a very stressfull period. I think that the Estate Agent probably gets a cut of his fees at each payment.

3) Always assume that the price being asked by the Estate Agent is anywhere from 10% to 20% above what the property is actually worth, maybe even more.

4) The Estate Agent takes a 3% Fee from both the Vendor and Purchaser, and for this is supposed to be impartial and look after both parties interests. In reality, if everything goes OK then this does happen. But, if it goes wrong, then the Estate Agent really is completely inadequate. You will need a Lawyer.

5) Always employ a Lawyer, preferably one that is based here in the UK. Kalkan is a small town and everyone knows each other and they regularly have to work with each other. Again, if everything goes well, you won''t have a problem, but if it goes wrong then !!!!!

6) Remember underdeclaration of a property''s value may give you a Capital Gains Tax problem when you come to sell it, particularly if you sell within the five year period. After this, under current legislation, you will not be subject to Capital Gains Tax, but this may very well change as Turkey lines it tax system up with Europe prior to EC membership.

7) The main point of the buying process in Turkey is a clean Title and to get the TAPU in your name. Parting with too much money, too soon, disadvantages the Buyer, especially as you will be some 2000 miles away.

8) Always approach buying a property, as you would at home, keep your wits about you. Don''t be seduced by all the promises etc that will be made to you. Remember, at some point either you or your heirs will have to sell it.

9) Estate Agents will try and convice you that you are their new Best Friend. Do not worry about upsetting them. They will tell you anything they think that you want to hear, but when you tell them something that they don''t like, they act offended and will sulk. Its just an act. Some of them are a like Timeshare Salesmen.

Good luck to all of you who decide to buy.



 

Offline Lorretta

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #5 on: September 21, 2007, 05:00:59 PM »
Thanks for that post Pete, it was really informative. Fortunately we didn''t encounter any problems but I know DRBD had a very torrid time. This is useful for anyone considering a purchase.

Offline Cosetta

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #6 on: September 21, 2007, 06:54:40 PM »
There are several possible pitfalls regarding the land purchase itself.  In some areas, such as Islamlar, Akbel and the upper parts of Kalkan just below the Berzigan road, it was the case and might still be that the land could be sold but the house tapu could not be had.  These lands were zoned as agricultural or non-residential and in theory, all building was illegal.  This is still true in many parts of the areas surrounding Kalkan, including Akbel.  You can own the land but not the house because the house cannot have a tapu.

Prospective buyers often were not told beforehand that they could not have title to the house, i.e., were building and planning to live in an illegally built house.  In Islamlar, for example, you can only have the house tapu if you have a registered company, i.e., the company owns the house, but it cannot be registered to an individual.

Some builders built illegally knowing that the government would not tear down the house, but they neglected to tell the buyer that they could not get the house tapu.  Worse, in a few cases, ''trusted friends''  took money from their foreign buyers, used it to buy land and on the land built a house which they then put into their own names, never giving the tapu to the rightful owners.  This is outright theft, and there have been a few cases like that.  A very small percentage of the total buildings constructed, but in every case due to misplaced trust and a lack of due diligence on the part of the buyer. There is a very sad story about a British woman who handed over to her Turkish lover all her life''s saving for the house that she hoped to one day live in with him.  He bought the land, built the house, put it into his name and told her she could not enter, basically left her destitute.  She died last year without ever having set foot in the house her money built. 

This is not to say all estate agents or contractors are all dishonest or thieves! The vast majority of sales and purchases go smoothly and have no problems. We are only advising what to be aware of.  It is not the case that the estate agents get a cut from each interim payment.  The estate agent gets whatever fee he has agreed on from buyer and seller.  It should be 3% each but some agents have asked the seller for more than 3%.

As Pete says, you should not buy without the help of a lawyer in the UK or at least not from Kalkan.  Preferably a Turkish lawyer who not only speaks the language but knows what to look for.  I strongly suggest that anyone thinking of buying first carefully read what''s written here: http://www.turkisheconomy.org.uk/buyingproperty/property.html

It is not at all uncommon for sellers to ask for the last and largest payment in cash.  Of course, they are trying to avoid taxes.  It is quite true that they will pay around £30K in taxes.  The Turkish gov is now trying to determine who are the sellers and contractors receiving cash payments.  It has been reported that in the Bodrum area, gov tax inspectors are going to private villas and asking the owners to prove how they paid for their house.  Show bank statements that the money went through a bank and was not paid in cash. The tax office is taking many contractors to court, contractors from all over Turkey basically for underdeclaration of earnings.  The fines are astronomical and the court cases can go on for years and years. 

Beyond the legalities, there are some other things to ask about.  You should enquire if there is insulation inside the walls, something frequently overlooked to save money.  Many houses are built only with bricks covered directly with cement and plastered on the inside.  They leak, they develop mold if left closed and not infrequently the walls and / or the roof have to be redone.  And of course they are unlivable in winter with damp walls and no heating.

The second thing to check carefully is the plumbing.  Does it all work -- every faucet, toilet and shower -- as it should?  Something the fixtures are put in but not connected to the water, or not connected to the hot water, or connected wrongly. 

Third, does the house / apartment have a foundation?  This may seem obvious, it''s not.  Some houses have been built sitting directly on the ground.  Any movement of the ground and the walls crack.

Generally, the quality of build has gone up over the past 5 years, but frequently, to save money contractors do everything to make the outside look appealing but inside the walls, under the floor and under the roof they cut every corner to build cheaply.

Having said all the above, few are the buyers who encounter these problems but each single case quickly becomes a story passed around.  Most of us have had satisfactory purchases or builds, so don''t mean to scare off prospective buyers.
Villa Incantata - http://kalkan-turkey.com

Offline Kalkan regular

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #7 on: September 21, 2007, 09:33:58 PM »
Having purchased an apartment a couple of years ago we found there was a tremendous difference in the quality of the buildings we looked at. Cheap price almost always mean cheap build quality. They all looked great when you first looked at them but on close inspection you could see the poor build quality in some of the properties.

You need to know what the builder has built in previous years. Go and have a look at these properties, check with people who live in them if possible, ask around - the locals know lots of information. You wouldn''t use a builder at home with no recommendation or references so don''t do it in Turkey.

Offline DRBD

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #8 on: September 22, 2007, 11:19:26 AM »
When our venture started it was now 4.5years ago and things have improved with the quality of materials and building.  We as stated started from scratch so were not able to view such things at the time of building and there were not so many properties being build at the time, it was buy off plan.  Things are so much different now and the materials etc we have had to replace are of a very high quality.  Anyway hard lesson learnt and in less than 48hrs we be there enjoying (just hope no
flight delays). ;D

Offline Lorretta

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #9 on: September 22, 2007, 11:30:08 AM »
Might see you there DRBD!
Lorretta.

Offline DRBD

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #10 on: September 22, 2007, 12:16:09 PM »
 Hope so Loretta that would be nice. :)

Offline clarborough

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #11 on: September 23, 2007, 07:31:36 PM »
We have had no problems in Turkey but our problem has been a rather slow expensive lawyer in the UK. Granted she is thorough and I have every confidence she is familiar with Turkish law as she is Turksih but it has taken a full year and we have still not completed.Kalkan Horizon the estate agents have been helpful and patient. Often I found myself contacting them to sort things out as it was quicker and cheaper. So my advice would be yes to a solicitor as it gives peace of mind but choose carefully. I would suggest using the experience of many of the contributors of this site as I would imagine many have bought successfully with no problems.

Offline DRBD

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #12 on: September 23, 2007, 08:41:41 PM »
Our Solicitor over here in the UK was great, she has a brother in Turkey, so they worked together, what a team, - made our lives easier

Offline martyn

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #13 on: October 14, 2007, 10:47:54 AM »
DRBD, Am thinking for living in your part of town, so was very pleased to read your topic. If you have any info or can offer me more help, please fill free to email me.
Regards Martyn

Offline Linda

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #14 on: October 15, 2007, 10:00:31 AM »
Just read your experiences DRDB, what a nightmare,

we have had our place for 4 years now, very straightforward process through Bridget & sakir @ Blacklions, although it must have helped that we are both Turkish Nationals so no military checks etc ,

Linda   

Offline DRBD

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #15 on: October 15, 2007, 01:38:50 PM »
martyn - have pm''d you.

Linda - thanks, nightmare it was and still is for some, perhaps a horror storey is a more appropriate phrase, just hope the post helps others not to go and get involved with the wrong people, having just returned have heard some not so good updates on this company :(

Offline felicity

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #16 on: October 15, 2007, 02:31:07 PM »
Hi DRBD, Jon and other forum members - is it not possible to name this company - because I for one have no idea who you are talking about and although I have sucessfully purchased - I am recommending agents and companies to other potential purchasers and would therefore be gutted if I were to recommend ''this company''.  I would have thought that a company such as this should be named - but if you feel that is not appropriate then - DRBD could you PM me as I really am most anxious not to recommend them to people - and god forbid - friends who are thinking of buying in Kalkan..... :-[ :-[

It is certainly such a salutory tale than nobody should ever have to go through this experience again if it can be avoided....
 :-X

Cheers!

Offline sue1945

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #17 on: February 05, 2008, 09:37:39 AM »
I am just about to purchase property in Kalkan having stayed at the Regency for the past 7 years we are buying one of the apartments next door to it and I would like to speak to someone who already owns one can you help me please

Offline sue1945

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #18 on: February 05, 2008, 09:54:43 AM »
I am purchasing one of the apartments near the Regency Hotel from Ulec do I need a solicitor he has already sent me a contract and asked for 10% deposit can anyone help a novice, I would be very grateful

Offline jayne

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Re: Purchasing your property in Kalkan - Any problems encountered.
« Reply #19 on: February 05, 2008, 10:11:40 AM »
Hi Sue

Jik, another Forum member has bought one of the apartments next to the Regency, I''m sure she will give you some advice. She is actually in Kalkan this week but I will let her know that you have posted for info when she gets back.


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