A promise-to-sell agreement for immovable property does not, as a rule, make the buyer the owner; it gives the right to demand that the property be transferred in the future. If the title deed is not transferred despite a valid agreement, a buyer who has met the conditions of performance may bring an action to compel registration under Article 716 of the Turkish Civil Code (TMK). However, the existence of a notarial document alone is not sufficient. The sale price, the determinability of the property, whether the debt has fallen due, the buyer’s own payments and the current rights recorded in the land registry are examined together. If there has been a sale to a third party or a bank mortgage, whether an annotation exists and the registration dates become particularly important. 1 2 3 4
What Right Does a Promise to Sell Provide?
A promise to sell and a sale of immovable property are different legal transactions. The promise creates an obligation relating to a transfer to be made in the future. Ownership, on the other hand, is acquired by registration in the land registry, apart from statutory exceptions. If the seller does not perform the promise, a court decision may, once its conditions are met, take the place of the seller’s declaration of intent to register. For this reason, the success of the action depends not only on the existence of a document but on whether the requested transfer can be carried out in a manner consistent with the agreement and the law. 1 2
For details on this subject, see the article on cancellation of title and registration in a housing cooperative.
From the buyer’s perspective, the first question is what the document actually contains. A reservation form, an earnest money (kapora) receipt, a promise to sell, an agreement by which a contractor assigns its receivable, and a sale completed at the land registry cannot be given the same outcome. The fact that the document states “sales agreement” does not settle its legal nature; the obligations the parties have undertaken, the owner of the property and the form in which the agreement was made are assessed.
Must the Seller Be the Owner on the Date of the Agreement?
Because a promise is an obligation-creating transaction, the promisor’s not being the owner at the time the agreement is concluded does not by itself invalidate the agreement. However, a title deed belonging to someone else cannot be transferred to the buyer solely on the strength of this promise. Whether the seller later acquired ownership, the legal position of the registered owner and whether performance has become possible are investigated. Validity and suitability for registration are separate matters. 1 2
The same care is required in an inheritance community. A promise given by one heir to an outside person regarding an immovable held in joint ownership does not mean that this heir can freely transfer the whole property. By contrast, in promises made among the co-owners themselves, there may be situations that allow performance while preserving the co-ownership structure. Without specifying the land registry record, the certificate of inheritance and the scope of the promised right, no generalization such as “the heirs did not sign, so there is no agreement” can be made. 9
What Conditions Are Required in a Notarial Agreement?
The Difference Between Execution by the Notary (düzenleme) and Signature Certification (imza onayı)
Article 237 of the Turkish Code of Obligations (TBK), Article 706 of the Civil Code and Article 89 of the Notaries Law are the basic provisions on the official form of an undertaking to transfer immovable property. Having only the signatures certified at a notary and having the agreement made in the form of execution by the notary are not the same transaction. It is not enough to look at the title of the document; the type of notarial transaction and all pages of the agreement should be examined. Moreover, under current law notaries also have the authority to conclude immovable property sale agreements; this authority does not mean that a document in ordinary written form automatically turns into an official sale. 1 2 3
In pre-paid housing sales, Article 41 of Law No. 6502 provides special protection. If the form prescribed by the Law is not complied with, the seller cannot later assert invalidity to the detriment of the consumer. For this provision to apply, the transaction must in fact be a consumer transaction and a pre-paid housing sale. The special rule cannot be extended to all land sales or to every agreement between two persons themselves. 6
The Property and the Price Must Be Determinable
Block, parcel, share, building and independent unit details, together with the approved project and annexes where necessary, must make it possible to identify the same property. Using only a marketing name to describe the apartment to be built, a change of numbers in a later project, or the same number appearing in more than one block may give rise to a dispute. A link should be established between the annexes of the agreement and the current title deed record.
The sale price is also an essential element of the agreement. In its decision dated December 2, 2025, E. 2025/1424, K. 2025/5125, the 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi) reversed the acceptance of registration because the sale price was not stated in the document made in official form. The decision shows that the assumption “if there is a notary, all validity conditions are met” is wrong. It was also stated that a judgment that cannot be enforced should not be rendered without resolving the mismatch in the identity of the registered owner. 8
Can the Buyer Request Registration Without Paying the Entire Price?
In contracts imposing mutual obligations, the party that is not entitled to perform at a later time must perform its own obligation or duly offer to do so. The criterion for this is Article 97 of the Code of Obligations. If it was agreed that the entire price would be paid in advance, the payment documents matter; if it was agreed that the remaining price would be paid at the title transfer, the arrangement of mutual performance matters. Requiring the buyer to pay in advance a debt that has not yet fallen due merely because the buyer has filed an action is not the same as the buyer’s not paying at all a debt that has fallen due. 2
If the balance of the price is disputed, it must be explained which payment belongs to which independent unit. In projects where more than one apartment is purchased, unexplained transfers, money deposited into another company’s account, or claims of cash payment cause particular problems. Once the existence and amount of the debt are determined, mutual performance can, where necessary, be secured by way of deposit. However, it should not be assumed that a period to make the deposit will automatically be granted for every shortfall in payment; the content of the agreement and the conditions of the case are decisive.
While it is alleged that the seller did not make the transfer, whether the buyer failed to attend the land registry appointment or to submit the required identity or representation document is also examined. The seller’s defense that “the buyer did not come” is assessed on the basis of concrete invitation and transaction records. A request for an excessively broad power of attorney, which the buyer rightfully rejected, cannot by itself be regarded as a general excuse justifying the failure to complete the transfer.
What Does Annotating the Title Deed Change?
Article 1009 of the Civil Code allows the personal right arising from a promise to sell to be annotated. An annotation does not transfer ownership; it makes it possible to assert the right against persons who later acquire rights over the property. Under Article 26 of the Land Registry Law, a promise to sell executed by notaries may be annotated at the request of one of the parties. The annotation date, the daily journal number (yevmiye numarası) and the share it covers must be documented. 1 3 4
The Five-Year Annotation Period and the Ten-Year Statute of Limitations
Article 26 of the Land Registry Law provides that if no sale is made within five years from the annotation, the annotation is cancelled ex officio. This period does not mean that the claim arising from a promise to sell ends after five years in all cases. The statute of limitations of the contractual claim is subject to separate provisions. Whether a record older than five years is still visible, the cancellation status and any acquisitions made in the meantime should be examined in the specifics of the file; it should not be accepted that an old annotation gives indefinite protection. 2 4
| Record examined | Main function it serves | Result it does not provide |
|---|---|---|
| Promise to sell in the form of execution by the notary | Basis for a transfer demand against the seller | Ownership by itself |
| Promise-to-sell annotation | Ability to be asserted against later rights holders | Completely locking the property against every transaction |
| Interim injunction containing a transfer ban | Preventing the dispositions within the scope of the decision | Winning the merits of the case |
| Registration judgment | Change of ownership in the land registry, subject to its conditions | Automatic deletion of all mortgages and attachments |
Because the functions of these records differ, the existence of an annotation does not by itself eliminate the need for an injunction if there is a serious risk of transfer. The scope of the injunction, prima facie proof and security are assessed under Article 389 et seq. of the Code of Civil Procedure (HMK). 5
If the Property Has Been Sold to a Third Party or Mortgaged
The Third-Party Problem in an Agreement Without an Annotation
A promise without an annotation, as a rule, produces effects only between the parties to the agreement. If the seller has transferred the title deed to someone else, merely showing the earlier-dated agreement is not enough to have the new owner’s title cancelled. The legal ground relied on against the third party, the type of right that party acquired and the alleged bad-faith facts must be clearly set out. The protection of reliance on the registry in Article 1023 of the Civil Code also cannot be applied to a promisee who has merely acquired a personal right, as though that person were the registered owner. 1 10
Independent allegations, such as a collusive transaction between the new owner and the seller aimed at eliminating the buyer’s right, may be assessed on the basis of their concrete evidence. However, a statement such as “my agreement is older” or “the bank knew about the project” is not, in itself, a ground that eliminates every later real right. Claims for cancellation of the title deed and for deletion of the mortgage must be built on separate legal grounds.
Why Was the Mortgage Not Removed While Registration of Title Was Accepted in the 2026 Decision?
In its decision dated March 5, 2026, E. 2025/3623, K. 2026/1258, the 7th Civil Chamber of the Court of Cassation upheld the acceptance of registration but reversed the part of the judgment concerning the removal of the bank mortgage. The Chamber drew attention to the limit on asserting, against a third party, a personal right arising from a promise to sell that was not annotated in the land registry. The reasoning concerning the bank’s duty of care was also not regarded as sufficient for removing the mortgage in the specific file. 10
The practical consequence of this decision is that the undertaking to transfer free of the mortgage creating an obligation against the seller and the termination of the bank’s existing real right are separate matters. The buyer may obtain the title deed, but the encumbrance on the property may continue. If this possibility is foreseen at the start of the case, the seller’s obligation, the legal basis of the mortgage and an appropriate alternative monetary claim can be planned together.
Against Whom and in Which Court Is the Action Filed?
In a registration request, the current owner whose right will be affected by the land registry record is taken into account. If the promisor and the owner are different persons, it must be determined which claim is directed at each of them. If the seller has died, the heirs and the conditions for representing the estate are investigated. If removal of the mortgage is requested, the right to be heard of the right holder, whether the bank or another creditor, is respected. The land registry directorate (tapu müdürlüğü) is not named as a defendant in place of the contractual debtor merely because it will carry out the registration. 1 5
For details on this subject, see the article on interim injunction and precautionary attachment.
In terms of subject-matter jurisdiction, the general court is the civil court of first instance (asliye hukuk mahkemesi). However, a transaction between a professional seller and a consumer for the purpose of acquiring housing may fall within the jurisdiction of the consumer court. The special conditions of a commercial relationship are assessed separately. In a registration request concerning a real right in an immovable, the exclusive territorial jurisdiction of the court of the place where the immovable is located under Article 12 of the Code of Civil Procedure is important. 5 6
Not every title deed action is subject to mandatory mediation. In particular, Article 73/A of Law No. 6502 excludes disputes that are consumer transactions in nature and arise from a real right in an immovable from mediation as a condition precedent to litigation. By contrast, for independent price or compensation claims, the procedural prerequisite is examined anew according to the nature of the dispute. The existence of alternative claims should also be included in the assessment. 6 7
When Does the Statute of Limitations Start to Run?
For claims arising from a promise to sell, if there is no special provision, the ten-year period in Article 146 of the Code of Obligations is applied. The starting point is connected with the possibility of performance and with the date on which the claim falls due; there is no single formula of counting from the notary date in every file. The term, condition, obstacle to performance and the legal status of the property are assessed together. 2 9
In its decision dated October 17, 2025, E. 2025/4532, K. 2025/4387, the 7th Civil Chamber of the Court of Cassation explains that, where the promised property has been delivered to the buyer, a statute of limitations defense raised later must be assessed from the standpoint of the principle of good faith. In the concrete outcome of the decision, the judgment dismissing the claim was reversed because the purpose of diverting assets from the heirs could not be proven and a low price cannot by itself be regarded as proof of simulation. The explanation of the time period in the decision does not mean that all registration claims will be accepted without examining the other conditions of the agreement. 9
What Evidence Should Be Prepared?
The agreement and all of its annexes should be obtained from the notary’s office; the current record and the chain of title, and the supporting documents of annotations and encumbrances, should be obtained from the land registry directorate. Payment bank receipts (dekont) should be arranged in order of date and amount; notarial formal notices (ihtar), notification documents, land registry applications and delivery records should be shown on the same timeline. In this way, it becomes clear which obligation was performed when and which right arose first.
In a sale based on a project, the municipal file, the approved project, the construction permit and the conversion of independent unit numbers may determine whether the registration can be carried out. In an action filed under an old parcel number, failure to link it to the current record creates an enforcement problem. Alongside the question “Is there an apartment?”, the question “Is the location in the agreement the same as the location in the land registry?” should also be put to the on-site examination and the expert review to be carried out by the court.
How Is a Monetary Claim Framed If Registration Is Not Possible?
The loss claimed because a valid agreement has not been performed differs from the recovery of what was paid under an invalid agreement. While performance interest, default or impossibility of performance is examined on account of a valid promise, unjust enrichment and corrective justice may come into play in a transaction that is invalid for lack of form. In no case is the current market value of the property automatically paid. The source of the claim, the date on which it fell due, fault, loss and the valuation date must be explained. 2
For details on this subject, see the article on default and the elective rights (Article 125 of the Code of Obligations).
Registration, release from the mortgage and, if these do not materialize, monetary claims can be framed in a proper order. The alternative action in Article 111 of the Code of Civil Procedure requires the conditions and defendants of each claim to be determined separately. A vague phrase such as “otherwise every kind of loss” is not adequate planning. Instead of relying on the possibility of adding claims later, the alternatives that can be foreseen should be made concrete in the initial petition. 5
For related topics, you can also see our articles on title registration and refund of the price in an informal sale of immovable property, the unpaid sale price although the title deed has been transferred, the contractor’s refusal to deliver the title deed and cancellation of a title deed obtained from a contractor and good faith, and our page on actions for cancellation of title deeds and registration.
Conclusion
In a title deed action based on a promise to sell, a sound file is built on a valid agreement, a determinable property, a transfer obligation that has fallen due and documents showing the buyer’s own performance. The annotation and third-party rights determine against whom and with which encumbrances registration can be obtained. Examining the agreement and the title history together before filing the action prevents claims that are directed at the wrong person or that, even if won, do not produce the expected result.
Frequently Asked Questions
If a Promise to Sell Is Made at a Notary, Does the House Become Mine?
No. A promise agreement, as a rule, gives the right to demand transfer. Registration or another ground of acquisition provided by law is required for acquiring ownership. 1
If the Promise to Sell Has Not Been Annotated in the Land Registry, Can an Action Not Be Filed?
It can. The absence of an annotation does not by itself prevent demanding performance of a valid agreement from the seller. The problem arises particularly in a claim against third parties who acquire rights later. 1 10
When Five Years Pass, Does the Notarial Agreement Become Completely Invalid?
No. The five-year provision concerns the cancellation of the annotation. The validity of the agreement and the statute of limitations of the claim are assessed separately. 2 4
Can an Action Be Filed Ten Years Later for a House Delivered to the Buyer?
Delivery and possession may affect whether the statute of limitations defense will be entertained within the framework of the principle of good faith. However, proof of delivery and the other conditions of the agreement are examined separately. 9
Are the Seller’s Heirs Obliged to Give the Title Deed?
The passing of the obligation arising from a valid agreement to the heirs and the provisions on the estate are assessed. If the agreement is invalid or there is no possibility of performance, the status of heir alone does not produce the result of registration. 1 9
Does a Title Registration Judgment Remove All Mortgages?
No. Transferring ownership and removing a mortgage are different claims. The right holder, the annotation, the transaction dates and the legal ground asserted against the mortgage are examined separately. 10
Should One Go to a Mediator Before This Action?
It depends on the nature of the dispute and of the claim. There is an exception in the law for disputes arising from a real right in an immovable that are consumer transactions in nature; independent monetary claims are assessed separately. 6 7
Does the Sale of the Property Stop as Soon as the Action Is Filed?
No. If a transfer ban is sought, the conditions of the interim injunction request must be set out and the enforcement of the decision must be monitored. Merely filing the petition does not lock the title deed. 5
Sources and legal bases
1 — Law No. 4721, Turkish Civil Code, especially Articles 2, 3, 599, 705–706, 716, 1009, 1023–1024.
2 — Law No. 6098, Turkish Code of Obligations, especially Articles 29, 77–82, 97, 112, 117–125, 146, 149, 237.
3 — Law No. 1512, Notaries Law, Articles 60, 61/A and 89.
4 — Law No. 2644, Land Registry Law, Article 26.
5 — Law No. 6100, Code of Civil Procedure, especially Articles 12, 26, 111, 190 and 389–399.
6 — Law No. 6502 on the Protection of Consumers, Articles 3, 41, 73 and 73/A.
7 — Law No. 6325 on Mediation in Civil Disputes, Articles 18/A–18/B.
8 — Court of Cassation, 7th Civil Chamber, December 2, 2025, E. 2025/1424, K. 2025/5125, full text of the decision as accessed, secondary publication.
9 — Court of Cassation, 7th Civil Chamber, October 17, 2025, E. 2025/4532, K. 2025/4387, full text of the decision as accessed, secondary publication.
10 — Court of Cassation, 7th Civil Chamber, March 5, 2026, E. 2025/3623, K. 2026/1258, full text of the decision as accessed, secondary publication.