Safe Shopping in Real Estate (Deed - Swap)

When Should the Money of a Purchased Real Estate be Gived to the Seller?

• Tapuya başvuru yapılmadan önce mi ?- Satıcı parayı aldıktan sonra başvuru yapmazsa/ parayı iade etmez ise?
• Tapuya başvuru yaptıktan sonra mı ? – Satıcı başvuruyu iptal eder, imza atmazsa / parayı iade etmez ise?
• İmza aşamasında mı ? – İmza aşamasında o kadar para nasıl sayılır, memur parayı saymamızı beklemez ise?
• Tapuyu aldıktan sonra mı ? – Alıcı tapuyu aldıktan sonra parayı ödemez ise ?

There is no definite provision established by law in this regard. When receiving the signatures of the title officer at the final stage of the sale, the buyer and seller 'have you paid your money? /Did you get your money? /money transfer completed? ' receive signatures after receiving confirmation from the buyer and seller, asking the form.

The healthiest in this regard is the bank transfer at the signature stage, or the payment of money in cash to the seller. However, due to the intensity of work in the Land Directorates, the officer does not have the luxury of waiting for the transfer of money.

In addition to the risks described above, money gived/received in cash in deed is counterfeit, theft or extortion of a charged amount of money or exposure to different forms of fraud risks can also be mentioned.

Secure Real Estate Exchange with Land Exchange System

It is at this point that the 'Tapu Swap' system, which eliminates all these described risks, comes into play. Tapu Clearing System, protocol signed between the General Directorate of Tapu and Cadastre and Istanbul Takas and Storage Bank A.Ş. (Takasbank) in December 2014 and the introduction made on April 17, 2015 started its activities with the meeting.

Land Clearance System is a system that generally integrates TAKBIS and Takasbank systems to each other on a web-based basis. In the process of buying and selling, money is blocked from the buyer and seller's account to the system, and after the sale transaction takes place in the TAKBIS system, it is automatically transferred to the seller's account. In case the sale does not occur for any reason, it is returned to the buyer's account. Therefore, the money of the buyer and seller depends on the transaction in the TAKBIS system, in other words it is under the guarantee of the state.

The logic of operation of the system is quite simple. Buyer and seller, bank account/ IBAN numbers and e-payment receipt issued from the deed to the application downloaded to the Deed Clearance System website or tablets/smartphones after the application for the deed is submitted provide input of the number and other information requested by the system. The buyer sends the money to the system. Money is blocked in the system. Takasbank System sends the money to the seller's account when it detects that the sale has occurred by connecting to the TAKBIS system. At all processing steps, the buyer and seller are constantly informed by e-mail and SMS.

In this way, the buyer and seller are completed with peace of mind without having trust problems or worrying about counterfeit money, theft and extortion. The service fee paid to the Land Clearance System in exchange for this transaction is only 140- TL for 2017 (70- TL for the buyer, 70- TL for the seller). When selling a vehicle worth 10.000-15.000- TL, trust the vehicle Assuming that 200-250- TL is paid in the examination process, it seems that the fee to be paid to the Land Exchange System for the sale of a property worth 500.000-TL is quite reasonable.

You can find our previous post at https://www.endeksa.com/tr/blog/yazi/ticari-gayrimenkul-yatiriminda-dogru-adimlar link.

* Prepared with the contributions of EVA Real Estate Consultancy.