If the price of an apartment bought from a contractor has been paid but title has not been transferred, a claim for cancellation of title and registration, refund of the price or compensation may be available, depending on the nature of the contract and on whether the contractor has become entitled to transfer. Paying the buyer's price does not mean that the landowner must hand over title in every case. Who is registered as owner, whether the sold independent unit was left to the contractor, and whether the contractor performed its obligation toward the landowner are examined together. [1, 2, 3]
Delivery of the apartment does not replace this examination either. The buyer may have received the keys, opened an electricity account and lived there for years. The registered owner, mortgages and the registration conditions in the contract still matter.
The first distinction: in whose name is the title, and what right did the buyer acquire?
If the title is directly in the contractor's name
If the contractor is the registered owner of the property, the validity of the contract between the buyer and the contractor, the time when the transfer obligation falls due and whether the buyer performed its own obligation are examined. A valid promise-to-sell agreement, or an enforceable obligation within a consumer transaction, may support a claim for registration. However, being the owner does not mean that every ordinary written sale document is automatically a valid sale of immovable property. The legal type of the transaction must be identified correctly. [1, 2, 3]
For details on the subject, see the article on cancellation and registration of title in a housing cooperative.
If the title is in the landowner's name
In many projects the contractor is not yet the owner, but sells an independent unit it may acquire in the future under the construction contract. Depending on the circumstances, this relationship may be treated as an assignment of the contractor's personal claim against the landowner. Under Articles 183–184 of the Turkish Code of Obligations (TBK), an assignment of a claim is in principle subject to written form. This does not mean that every ordinary written real estate sale is valid. The assigned right must actually exist or be determinable. [1]
The buyer acquires the assigned claim to the extent the contractor held it. The landowner may raise against the assignee the defenses it could raise against the contractor, under Article 188 of the TBK. For this reason, the statement "I paid the full price" does not remove the question of whether the contractor has performed all of its obligations toward the landowner. [1, 4] This issue is discussed separately in the article on construction on another's land and excessive construction.
If the title has passed to another buyer or together with a bank's right
Double sale, transfer of ownership and mortgage are different disputes. Seeking registration only against the contractor, without first establishing the current owner and the restrictions on the title, may be insufficient. The acquisition by a later right holder, the existence of an annotation, priority and the protection of good faith are examined separately. Transfer of a mortgaged title to the buyer does not by itself cause the bank's mortgage to lapse. [2, 5]
For details, see the article on cancellation of a title bought from a contractor and the good faith of a third party.
Which conditions are examined in a registration based on assignment of a claim?
First, the land-share-for-construction contract and the allocation plan must be located. Being listed for the apartment in the contractor's marketing brochure is not the same as the contractor being entitled to that independent unit under the contract. Where block, floor, facade and unit numbers changed because of project revisions, the matching must be done technically.
For details, see the article on the title of real estate bought outside the formal process.
| Condition examined | Key document | Effect on the outcome |
|---|---|---|
| Source of the contractor's entitlement | Land-share construction contract and its annexes | Shows the limit of the right the buyer can take over |
| Identification of the apartment sold | Allocation list, project, contract | Prevents a claim to a unit allocated to someone else |
| Scope of the transfer | Buyer's contract and written assignment | Explains which claim passed |
| Buyer's performance | Bank receipts and payment schedule | Shows whether the buyer performed its own obligation |
| Contractor's performance | Survey, municipal file, delivery records | Affects whether a right to demand registration from the landowner arose |
| Status of the register | Current land registry record and encumbrances | Identifies the current owner and right holders |
Can the buyer complete the missing work?
Where the missing work is small or can be remedied, a debate may arise over completing it under the specific contract or depositing the cost. However, no buyer is automatically entitled to the rule "pay the missing construction cost and you will certainly get the title." The scope of the missing work, whether the landowner must accept performance, the lawfulness of the building and the contractor's other debts are examined. A structure that departs from the permit and cannot be remedied is not assessed in the same way as a structure with limited completion work outstanding. [1, 4]
If a staged transfer of title was agreed
The contract may provide for the transfer of certain shares at certain construction stages. The effect of this arrangement on the buyer's unit should be assessed by looking at the stage actually reached and the time position of the contract together. If the construction is overdue and still incomplete, that may affect a request for registration based only on a past stage. [4]
What limits do the Court of Cassation decisions show?
16 February 2023: a personal right is not equal in force to registered ownership
The decision of the 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi), dated 16 February 2023, E.2021/8300, K.2023/937, concerns a prevention-of-encroachment action and a dispute over compensation for unjust occupation (ecrimisil), rather than a direct registration action. The decision focused on the position of the person who acquired a right from the contractor, the defenses of the landowner, and whether the contractor performed its obligation. The importance of the decision for this article is that it distinguishes between a personal claim assigned and ownership not yet acquired. The buyer's use of the apartment does not by itself remove the rights of the registered owner. [4]
5 February 2026: the acceptance of registration and the mortgage outcome must be read separately
In the decision of the 7th Civil Chamber of the Court of Cassation dated 5 February 2026, E.2025/2646, K.2026/607, the judgment accepting registration based on a promise-to-sell agreement and the lifting of the mortgage was upheld. However, the appellant's identity is important within the limits of the review. This result cannot be used as a general rule that all bank mortgages are deleted against every promise to sell that was not annotated on the register. [6]
5 March 2026: obtaining the title may not be enough to lift the mortgage
In the decision of the 7th Civil Chamber of the Court of Cassation dated 5 March 2026, E.2025/3623, K.2026/1258, the registration outcome was upheld, while the part concerning the deletion of a bank mortgage based on an unannotated promise to sell was quashed. For this reason, in the litigation plan, registration, deletion of the mortgage and monetary claims against the seller must be grounded separately. [5]
Which rules matter for a person buying a home as a consumer?
Where the contractor acts for commercial or professional purposes and the buyer is a consumer in the purchase of a home, Law No. 6502 on Consumer Protection applies. The parties, the purpose of the purchase and the structure of the contract must be examined; not every independent unit buyer is automatically a consumer.
For pre-paid housing sales, Article 41 regulates registration of title and the notarized execution of the promise-to-sell agreement, and provides that the seller cannot rely on invalidity of form against the consumer. This protection does not mean that every claim against the landowner or the bank is accepted unconditionally. Under the current Article 44, the statutory upper limit for transfer or delivery is 48 months. A shorter period may be stated in the contract, and the rule applicable to the date of the transaction must be checked separately. [3]
Is mediation mandatory?
Under Article 73/A of Law No. 6502 on Consumer Protection, disputes arising from the ownership of immovable property in a consumer transaction are excluded from the requirement of mediation as a condition for suit. A separate claim for refund or compensation, however, is assessed on its own nature and on any statutory exceptions. The general statements "it is a consumer case, so mediation is always required" and "it is linked to the title, so no monetary claim requires it" can both lead the file in the wrong direction. [3]
Against whom and where is a title registration action brought?
The party currently registered as owner must be identified. Where cancellation of the registration in the name of the landowner or a later owner is sought, the position of that person in the action must be set up correctly. The contractor's contractual debt and any possible monetary liability are dealt with separately. Where deletion of a mortgage is sought, the position of the right holder as a party must not be overlooked.
In actions concerning ownership of immovable property, the exclusive territorial jurisdiction of the place where the property is located applies under HMK Article 12. The competent court depends on whether there is a consumer transaction or a commercial relationship. Writing "cancellation and registration of title" in the petition alone does not resolve the question of jurisdiction. The value of the property or of the share claimed, and the fee obligation that follows, must also be addressed when preparing the action. [3, 7] For a similar dispute, the article on cancellation and registration of title for foreigners and persons living abroad may also be reviewed.
What can be done against the risk of a new sale?
Where there is a risk that the property will be transferred again, or that the claim will become harder to enforce, an interim injunction may be requested. The specific parcel, block and independent unit must be identified, and the claimed right must be shown at least prima facie through the contract and payment documents. The injunction is not final ownership; the court assesses security and scope according to the concrete circumstances. [7]
For details, see the article on interim injunctions and precautionary attachment.
If registration is not possible, which monetary claims come up?
Damages for failure to perform a valid contract and the refund of money paid under a void contract rest on different legal foundations. In every file, the nominal refund of the amount paid is not the only outcome; but neither does every buyer automatically recover the current sale value of the apartment. Validity, the reason for the impossibility of performance, fault, the type of loss and the form of relief are decisive. [1]
For details, see the article on default and elective remedies (TBK Article 125).
Under HMK Article 111, if the conditions are met, registration may be claimed; where that is not possible, an alternative claim for a specific monetary sum may be framed. The defendant, the legal ground and the amount or calculation method requested must be clear. The landowner has not received the sale price, so it is not correct to impose on it the contractor's entire monetary debt merely because it is the owner. [1, 7]
Can delay compensation be claimed together with the title claim?
Where it arises from the contract, loss caused by delay in delivery or registration may be claimed separately. The date of delivery and the date of transfer of title must be kept apart. Rental loss claimed where the apartment was actually delivered and usable is not the same as rental loss for a home never delivered. Contractual penalty, interest and actual loss must not be calculated twice. [1]
How should the file the buyer prepares look?
All pages of the contract, additional plans, the payment schedule and bank receipts should be kept together. If the block or apartment name in the transfer description differs from the section in the latest title record, the reason must be documented. Where payment in cash is claimed, it matters who issued the receipt and who had signing authority.
Where the main contract between the landowner and the contractor is not available, obtaining the relevant document and the municipal file is planned for the action. The title record should not be reviewed only as the current owner entry; earlier transfers and the dates of encumbrances must be examined. A delivery record, the date of key handover and usage information should be used for what they themselves prove, not as a substitute for proof of payment and entitlement.
When calculating the time limit, the date the contract was made is separated from the date on which the registration obligation became performable. The general limitation period, maturity, the effect of delivery and good faith are assessed according to the concrete contract. Simply waiting on the idea that "title actions do not become time-barred" is not a safe approach. [1]
Conclusion
Where the contractor does not hand over title, the solution requires an examination that starts with the buyer's payment records and extends to the land registry and the main construction contract. The buyer's own performance, the contractor's entitlement and the position of existing right holders must be shown separately. This examination determines under what conditions a registration claim can be raised and, if it cannot be obtained, which monetary claims should be prepared and against whom.
Frequently Asked Questions
I paid the full price for the apartment; is the title definitely going to be handed over?
Payment is an important condition but may not be sufficient on its own. The nature of the contract, the registered owner and the contractor's right to demand registration from the landowner are examined separately.
Can the ordinary written contract I signed with the contractor be valid?
Where its conditions are met, it may be treated as a written assignment of the contractor's personal claim. However, not every ordinary written real estate sale falls within this scope; the assigned right and the main contract must be identified.
I have never spoken to the landowner; can registration still be requested against them?
If the contractor has a registration claim against the landowner arising from the land share and that claim passed to the buyer, the claim may be assessed. The landowner may raise against the buyer the relevant defenses it holds against the contractor.
If no occupancy permit has been obtained, is registration never possible?
No rule can be established on that basis alone. The conditions in the contract, the legal status of the building and whether the deficiency can be remedied are examined. It is also not correct to disregard the importance of the occupancy permit entirely.
Does living in the apartment make me the owner?
No. Actual use and ownership in the register are separate matters. Use documents may show delivery and how the relationship was carried out, but they do not by themselves create ownership.
If the title comes to me, is the mortgage the contractor arranged deleted?
It is not deleted automatically. The basis of the mortgage, its date, any annotations and the legal reason that can be asserted against the bank are examined separately.
If registration is not granted, can I request a refund of the price in the same action?
It is possible to set up alternative claims with the appropriate parties and structure of the claims. The conditions for a refund and for damages for breach of contract must be kept separate.
As a consumer, must I go to mediation before a title action?
Disputes concerning the ownership of immovable property arising from a consumer transaction fall within the statutory exception. Separate monetary claims are examined individually.
Sources and legal bases
- Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu), in particular Articles 97, 112, 117, 123–125, 146, 149, 183–184, 188 and 237.
- Law No. 4721, Turkish Civil Code (Türk Medeni Kanunu), in particular Articles 705–706, 716, 1009 and 1023–1024.
- Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun), in particular Articles 3, 40–44, 73 and 73/A.
- Court of Cassation, 7th Civil Chamber (Yargıtay 7. Hukuk Dairesi), 16 February 2023, E.2021/8300, K.2023/937; official Court of Cassation decision text.
- Court of Cassation, 7th Civil Chamber (Yargıtay 7. Hukuk Dairesi), 5 March 2026, E.2025/3623, K.2026/1258; decision text.
- Court of Cassation, 7th Civil Chamber (Yargıtay 7. Hukuk Dairesi), 5 February 2026, E.2025/2646, K.2026/607; decision text.
- Law No. 6100 on Civil Procedure (Hukuk Muhakemeleri Kanunu), in particular Articles 12, 111, 190, 200 and 389–399.