A house or plot registered in the land registry is, as a rule, not transferred by a sale agreement drawn up by hand. Paying the price and handing over the land do not in every case remove the statutory form requirement either. However, the sale of an independent unit under construction, the assignment of a contractor's personal claim and the pre-paid consumer housing sale are assessed differently. If registration is not possible, a refund of the price may arise, and the refund calculation is not always limited to the nominal amount paid years earlier. 1 2 3 6 7 8 9 10
What does a sale outside the official procedure mean?
A sale outside the official procedure refers to a sale agreement made outside the official transaction required to transfer the property. A paper signed between the parties, a contract prepared at a real estate agency, a payment receipt or messages may all be discussed in this context. Although such a document can be evidence of payment and of the agreement, it is not the same as the official transaction that transfers a title-registered property. 1 2 3
The first question is whether the property is registered. The transfer of possession of unregistered land, acquisition before the cadastral survey, or an estate partition agreement may be governed by separate provisions. For example, the consequences that apply to a written estate partition agreement between heirs cannot be carried directly over to the sale of a registered plot between two ordinary persons. This article focuses on the purchase of title-registered property outside the official transaction. A separate assessment of the subject is in the article possession, acquisitive prescription and title registration.
Why does a private written contract not transfer title?
Turkish Civil Code (TMK) Article 706 and Turkish Code of Obligations (TBK) Article 237 set out the statutory form as a condition of validity. Land Registry Law No. 2644, Article 26, and the relevant provisions of Notaries Law No. 1512 complete the rules on the authority and form in which the transaction may be carried out. The fact that notaries are now authorized to draw up real estate sale contracts does not mean that a document prepared at a real estate agency or between the parties produces the same result. 1 2 3 4
For details, see the article title cancellation and registration based on a divorce protocol.
Being able to prove a payment and validly concluding a transaction are different
A buyer may prove with a bank receipt that money was paid to the seller. Yet that payment does not cure the lack of statutory form in every case. A witness saying “I saw the sale” does not replace the form requirement either. If the form defect cannot be overcome, the evidence may serve more to support a claim for return of the payment than to obtain the transfer of title. The fact that the evidence proves must be stated clearly. 2 5
Merely having the signatures certified by a notary does not mean that the document is a promise to sell real estate. The type of notarial transaction, the status of the parties, the description of the property and the annexes are examined together. A later valid transfer of title is a different matter: a performed official sale and a transfer that never took place should not be confused.
In which cases can registration be discussed despite an off-procedure agreement?
The narrow scope of the 1988 unification decision
The Grand General Assembly for Unification of Case Law of the Court of Cassation (Yargıtay İçtihadı Birleştirme Büyük Genel Kurulu), in its decision dated September 30, 1988, E.1987/2, K.1988/2, addresses the following situation: an independent unit is taken from a property on which construction was begun under the Condominium Law (Kat Mülkiyeti Kanunu); the buyer performs its obligations, the seller delivers the unit, the buyer uses it as if it were the owner, and the seller then relies on the defect of form. Under those concrete circumstances, registration may be accepted within the framework of TMK Article 2. 6
This exception is not a rule that “whoever pays the price and lives there receives the title deed.” An off-procedure sale of vacant land, a field or another completed property does not automatically fall within the same scope. The relationship between the parties and the nature of the property at the time of the transaction must match the conditions of the decision. The principle of good faith (dürüstlük kuralı) does not remove the official form requirement from all property transactions in general. This subject is also addressed in the article land registry registration based on purchase and repurchase rights.
The 2024 decision on a plot sale in Alanya
In its decision dated May 9, 2024, E.2023/2881, K.2024/2487, the 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi) examined a plot portion alleged to have been bought under a private document. The Chamber stated that the claim of long use did not correspond to the exception of the 1988 decision, and upheld the rejection of the registration claim while changing its grounds. The lower court's assessment, which tied the exception only to the transfer of possession, was not found correct. 7
In practical terms, the claim “I have been using it for years” cannot be accepted as sufficient without determining the legal nature of the property and the ground of acquisition. The period of use is not a way to turn every titled plot into ownership on the basis of an invalid sale. If cadastral or acquisitive prescription conditions are invoked, their independent requirements must also be set out separately.
The assignment of a contractor's claim and an off-procedure sale are not the same thing
Under a construction contract in return for a land share, the buyer of an independent unit that is to be left to the contractor may have received the contractor's personal right to demand it from the landowner. The assignment of a claim under TBK Articles 183–184 is subject to written form. This structure differs from a contractor who already owns a property and sells it without observing the statutory form. The scope of the right the buyer can assert against the landowner cannot exceed the contractor's entitlement under the contract. 2
For details, see the article cancellation of a title obtained from a builder and third-party good faith.
Accordingly, being a contractor alone is not enough to identify the person who signed the contract. Who is the registered owner? Is there a construction contract in return for a land share? Has the promised unit been allocated to the contractor, and has the contractor become entitled to demand it? The answers to these questions determine whether the transaction is a sale or an assignment of a claim.
Consumer protection in pre-paid housing sales
Under Article 41 of Consumer Protection Law No. 6502, the seller may not later invoke the failure to observe the statutory form to the consumer's detriment. For a pre-paid housing unit bought from a professional seller for personal use, this provision must be examined. Even so, the consumer's own performance, the legal existence of the independent unit, the registered owner and third-party rights remain separately important. Special protection does not mean that the title or mortgage of everyone outside the contract is removed automatically. 10
Which legal route rests on which document?
| Nature of the matter | Priority review | Likely direction of the claim |
|---|---|---|
| Off-procedure sale of vacant titled land under a private contract | Statutory form and payment | As a rule, refund of the amount paid |
| Independent unit under construction, full performance and delivery | All conditions of the 1988 decision | Registration if the conditions are met |
| Written assignment of a unit the contractor is entitled to | Main construction contract and the contractor's entitlement | Registration based on the assigned claim |
| Pre-paid consumer housing | Article 41 of Law No. 6502 and the scope of the transaction | Consumer-specific performance and other rights |
| Valid promise to sell in statutory form | Maturity, payment and annotation | Specific performance by judgment |
This table is not a guarantee of outcome; it is an order of classification. Although several grounds may be raised in the same file, mutually exclusive facts should not be combined arbitrarily. Performance of a valid contract and restitution on the ground of invalidity may, where necessary, be framed as properly structured alternative claims. 5
For details, see the article precautionary injunction and precautionary attachment.
From whom can the money be claimed if title cannot be obtained?
In an invalid sale, the parties may seek back what they gave under the rules on unjust enrichment. As a rule, the person against whom the claim is directed is the person to whom the payment was made and who was enriched. A person who appears as owner in the land registry does not become the debtor of money paid to someone else merely because he or she is the registered owner. Where the money was handed to an intermediary, the representation, the authority to collect and the person to whom the money passed are examined. 2
For details, see the article the creditor's elective rights on the debtor's default (TBK Article 125).
Down payments, installments, expenses and later construction costs should be identified as separate items. Not every amount spent on a property is automatically part of the sale price. Useful or necessary expenses made on someone else's property, the nature of possession and claims for use may require a different legal assessment. The same payment cannot be recovered twice, once as a refund of the price and once as damages.
Why may the refund not be limited to the old amount?
The purpose of the equalizing justice calculation
A nominal refund of money paid long ago may not cover the loss of purchasing power. The equalizing justice approach aims to update the value to be refunded, because of unjust enrichment, by means of various economic indicators. The period the calculation covers, the payment dates and the link to the arising of the refund debt must be justified. 8 9
Using the same start date for every installment, failing to account for amounts that were not actually paid, or arbitrarily combining payments made in different currencies can distort the result. An expert report must show, in a verifiable way, the starting amount, the date, the data series used, the conversion method and the result reached. A single listing price or a single exchange rate does not replace the whole calculation.
Inclusion of the increase in property value in the 2025 decision
In its decision dated June 17, 2025, E.2024/5053, K.2025/3053, the 7th Civil Chamber of the Court of Cassation stated that the criterion of the rate of value increase of the property should also be added to the basket of economic indicators. The decision does not find it appropriate to add the current market value of the property itself directly to the refund amount. The rate of increase between the compared values, with the qualities of the property at the time of the transaction preserved, is applied to the monetary amount paid. 8
This distinction is not the same as giving the buyer the full value of a building constructed today on the former plot. A structure later built by someone else, a zoning change and the qualities of the property at the time of the transaction should not be confused. It is not enough to ask the expert merely to “find the current value”; the valuation question to be answered must be stated clearly.
The claim mislabeled in the 2026 decision
In its decision dated January 15, 2026, E.2025/3317, K.2026/169, the 3rd Civil Chamber of the Court of Cassation (Yargıtay 3. Hukuk Dairesi) noted that the claimant had sought positive damages (müspet zarar). The Chamber, also considering the facts in the petition concerning the refund of money, quashed the rejection judgment given without an equalizing justice calculation. This outcome does not mean that in an invalid contract the full market value of the property can always be obtained. The decision concerns the overall assessment of the concrete claim and the facts. 9
The calculation dates of the two decisions and their contexts should be read separately. Rather than mechanically applying the date used in one decision to all files, the event giving rise to the maturity of the refund claim, the impossibility of performance and the claim itself should be stated. The most reliable petition is the one that clearly frames the refund and an appropriate value-protection request, rather than waiting for the court to read the claim broadly.
Which date matters for limitation?
For claims arising from unjust enrichment, TBK Article 82 provides a two-year period from the time the right to demand restitution is learned of and, in any case, a ten-year period from the enrichment. In refund claims based on an invalid contract, however, the starting point is assessed in practice separately, taking into account the continuing expectation of performance, delivery, and the contractual nature of the dispute. Looking only at the payment date and making an automatic time calculation is not sufficient. 2
In particular, the file should record when the seller stated for years that the title would be handed over, whether the property was delivered to the buyer, when it was learned that the transfer was legally blocked, and the date on which the refund was first demanded. The effect of these facts should be justified. Statements such as “if there was delivery, no period runs” or “ten years have passed, the loss is final” are not reliable for every off-procedure sale. Exercising rights before the period expires is a sounder path than relying later on a debate about the principle of good faith.
Which documents are needed to prepare a lawsuit?
First, the current title deed and the transfer history are obtained. Then the original contract, its annexes, bank receipts, credit card records, the delivery report and lawful correspondence showing the seller's undertaking to transfer are brought together. If an estate agent was involved, its authority and collection documents are needed; if there is a construction project, the building permit, the project and the landowner–contractor contract are also important.
A link must be established between the payment and the property in dispute. A parcel description on the receipt, a date that matches the contract and the buyer's defense may influence the assessment of proof. For claims of cash payment, the rules on written evidence, the initial evidence (delil başlangıcı) and the statutory exceptions are examined. Document collection should not be abandoned on the assumption that a witness will make up for any deficiency. 5
The competent court is determined by the status of the parties and the type of transaction. The jurisdiction and admissibility conditions for a registration claim and for a claim for refund of money alone may not be the same. The exception from mediation for in rem disputes arising from a consumer transaction does not automatically apply to all refund actions. 5 10
For related topics, see our articles on cancellation and registration based on a promise-to-sell agreement, title transferred but sale price unpaid, a contractor who does not hand over the title and title cancellation and registration in housing cooperatives, and to our page on title cancellation and registration actions.
Conclusion
In a file concerning a property sale outside the official procedure, the correct starting point is determining the legal nature of the transaction rather than the name of the document. Breach of the official form is the rule; special situations that may allow registration must be proven on their own conditions. If the registration route is closed, a refund claim is prepared on the basis of the payment, the correct debtor, the time limit and the updating calculation. In this way, rather than insisting on a title result that cannot be obtained on the basis of an invalid sale, the rights the file actually provides can be protected.
Frequently Asked Questions
Does a contract I signed at a real estate agency replace the title deed?
No. It may be evidence of payment or of a commitment, but it does not produce the same result as the official transfer of a title-registered property. Whether the transaction falls within a special exception is also examined separately. 1 2 3 4
I paid the full amount; will I definitely get the title deed?
Full payment alone is not sufficient. The form of the contract, the nature of the property, the registered owner and any special provisions that may apply are assessed together. 6 7 10
Is using a plot for twenty years enough for registration?
For an off-procedure sale of titled land, long use alone does not provide a general right to registration. If there is a cadastral or another ground of acquisition, its conditions are examined separately. 7
Is a private written agreement with a builder always invalid?
No. A written assignment of the contractor's personal claim or special provisions for consumers may be relevant. The contractor's status, the title and the main contract cannot be assessed without examining them. 2 10
Can I get today's price of the house as a refund?
Not in every case. In an invalid sale, the equalizing justice calculation and the calculation of damages for non-performance under a valid contract are different. The entire current market value is not an automatic claim merely because the price has risen. 8 9
Is the description on a bank receipt important for a lawsuit?
Yes. A receipt showing which parcel, unit or contract the payment belongs to may strengthen the proof. However, a receipt alone does not cure the lack of statutory form. 5 9
If the registered owner did not receive the money, can the refund be demanded from them?
Being the registered owner alone is not sufficient. It must be determined to whom the payment was made, who had representation and collection authority, who was enriched, and whether another ground of liability exists. 2
Can I request registration and a refund of the price in the same lawsuit?
If the conditions are met, alternative claims may be framed. The order of the claims, the legal grounds and the person against whom each claim is directed must be clear; the court does not order double collection for the same loss. 5
Sources and legal bases
1 — Law No. 4721, Turkish Civil Code, Articles 2, 705–706, 716.
2 — Law No. 6098, Turkish Code of Obligations, in particular Articles 77–82, 146, 183–184, 188 and 237.
3 — Law No. 2644, Land Registry Law, Article 26.
4 — Law No. 1512, Notaries Law, Articles 60, 61/A and 89.
5 — Law No. 6100, Code of Civil Procedure, Articles 12, 26, 33, 111, 190 and 200–203.
6 — Grand General Assembly for Unification of Case Law of the Court of Cassation, September 30, 1988, E.1987/2, K.1988/2, secondary publication of the full decision.
7 — 7th Civil Chamber of the Court of Cassation, May 9, 2024, E.2023/2881, K.2024/2487, official text of the decision.
8 — 7th Civil Chamber of the Court of Cassation, June 17, 2025, E.2024/5053, K.2025/3053, official text of the decision; equalizing justice calculation.
9 — 3rd Civil Chamber of the Court of Cassation, January 15, 2026, E.2025/3317, K.2026/169, official text of the decision.
10 — Law No. 6502 on Consumer Protection, Articles 3, 40–41, 73 and 73/A.