What Can a Foreigner Do If They Are Defrauded While Buying a House or Land in Türkiye?

Foreign nationals purchase billions of lira worth of apartments, villas, land and commercial real estate in Türkiye every year.

Most transactions are completed without serious problems.

However, foreign purchasers can become particularly attractive targets for real estate fraud because they may not speak Turkish, may not understand the Land Registry system, may live outside Türkiye and may depend heavily on estate agents, developers, interpreters or informal intermediaries.

A foreign buyer may transfer hundreds of thousands of dollars believing that a specific apartment or parcel of land is being purchased and later discover that:

• the seller did not own the property;
• the title deed was never transferred;
• the same apartment was sold to several people;
• a different parcel was transferred;
• the property shown during negotiations was not the property appearing in the title deed;
• a forged power of attorney was used;
• the seller’s ownership itself came from a fraudulent transfer;
• the developer collected money for a project that was never constructed;
• the property was already mortgaged or subject to attachment;
• the supposed seller disappeared after receiving the purchase price;
• an estate agent collected the payment without authority;
• the foreign buyer received only a private agreement that did not transfer ownership;
• or the buyer was deliberately misled about a fundamental characteristic of the transaction.

When this happens, the buyer usually asks one question:

“How can I recover my property or my money?”

Turkish law provides several possible remedies.

Depending on the circumstances, the foreign buyer may be able to:

1. file a criminal complaint for fraud;
2. request an investigation for aggravated fraud where the statutory circumstances exist;
3. seek a preliminary injunction preventing transfer of the property;
4. file a title deed cancellation and registration lawsuit;
5. demand cancellation of a transaction made as a result of fraud;
6. seek repayment of the purchase price;
7. claim compensation and interest;
8. pursue the developer or company responsible for the transaction;
9. use consumer-law remedies where the purchase qualifies as a consumer transaction;
10. or, in particular Land Registry cases, examine whether the Turkish State is liable for losses caused by the keeping of the Land Registry.

The correct remedy depends primarily on what kind of fraud occurred.

A foreigner who paid money but never became the registered owner is not necessarily in the same legal position as a foreigner who already holds title but later discovers that an earlier transfer in the ownership chain was fraudulent.

For this reason, real estate fraud cases must first be legally classified.

Is Real Estate Fraud a Criminal Offence in Türkiye?

Yes, where the statutory elements of fraud are satisfied.

Article 157 of the Turkish Criminal Code defines fraud as deceiving another person through fraudulent conduct and obtaining a benefit for oneself or another person to the detriment of the victim or another person.

Real estate schemes can fall within this provision.

Depending on how the offence was committed, aggravated fraud under Article 158 may also apply.

For example, Article 158 covers fraud committed through information systems or banks and fraud committed by traders, company managers or persons acting on behalf of a company during commercial activities. It also contains other aggravated circumstances.

This can be particularly relevant where a foreign buyer deals with:

• a development company;
• a real estate business;
• a commercial company representative;
• online property advertisements;
• fraudulent banking arrangements;
• or persons using professional commercial activity to obtain the victim’s trust.

However, an important distinction must be made:

Every failed property transaction is not automatically criminal fraud.

A contractual dispute and a criminal fraud offence are not the same thing.

For criminal fraud, there must generally be deceptive conduct designed to mislead the victim and obtain an unlawful benefit.

For example, a developer experiencing an unexpected construction delay may create a contractual dispute without necessarily committing fraud.

By contrast, a person who knowingly sells the same apartment to multiple purchasers while concealing the previous transactions may create a much stronger fraud allegation.

The Court of Cassation recently examined precisely such a case. In its decision of 25 February 2026, 11th Criminal Chamber, E. 2021/32175, K. 2026/2107, the Court considered the sale of the same property by a contractor to multiple persons and emphasised that the offender’s commercial status had to be investigated to determine whether the conduct constituted ordinary or aggravated fraud under Article 158/1-h.

What Is the First Thing a Foreign Buyer Should Do After Discovering Property Fraud?

The buyer should act quickly and preserve evidence.

A fraud case becomes significantly harder when:

• WhatsApp conversations are deleted;
• websites disappear;
• the seller transfers the property again;
• money is moved between bank accounts;
• companies empty their assets;
• powers of attorney disappear;
• or witnesses can no longer be identified.

The buyer should immediately collect:

• the sale contract;
• title deed records;
• bank transfer receipts;
• SWIFT documents;
• cryptocurrency transfer records if relevant;
• payment receipts;
• invoices;
• estate agent agreements;
• WhatsApp conversations;
• emails;
• SMS messages;
• advertisements;
• project brochures;
• photographs;
• videos;
• passport and identity information of the parties;
• company documents;
• powers of attorney;
• valuation reports;
• interpreter details;
• and any document received from the Land Registry or notary.

Screenshots should include dates and identifying information where possible.

The exact chronology of the transaction should also be written down while memories are fresh.

Should the Foreign Buyer File a Criminal Complaint?

In genuine fraud cases, generally yes.

A criminal complaint may be submitted to the competent Public Prosecutor’s Office (Cumhuriyet Başsavcılığı).

The complaint should explain clearly:

• who made the fraudulent representations;
• when the representations were made;
• what property was promised;
• what documents were shown;
• how much money was paid;
• to which bank account payment was made;
• who received the money;
• what the suspect knew at the time;
• what happened after payment;
• and why the conduct was fraudulent from the beginning rather than merely a later contractual disagreement.

The supporting evidence should be attached in an organised way.

For a foreign complainant, translations of important documents may also be necessary.

Does Filing a Criminal Complaint Automatically Return the Money?

No.

This is one of the most important practical points.

A criminal prosecution is designed primarily to determine criminal responsibility and impose criminal sanctions.

It should not automatically be treated as a replacement for a civil lawsuit to:

• recover the purchase price;
• obtain title ownership;
• cancel an unlawful registration;
• or prevent the property from being transferred.

A foreign victim may therefore need to pursue criminal and civil remedies simultaneously.

Waiting several years for a criminal proceeding to finish before taking action concerning the property can create serious risks.

Can the Court Prevent the Property from Being Sold to Someone Else?

Potentially, yes.

A foreign purchaser who claims rights over a specific property may seek a preliminary injunction (ihtiyati tedbir) where the statutory conditions are satisfied.

Article 389 of the Code of Civil Procedure allows an interim injunction where a change in the existing situation could make obtaining the claimed right significantly more difficult or impossible or where delay could cause serious harm.

In a real estate fraud case, an injunction may be crucial.

For example:

A foreign buyer pays the full purchase price.

The seller refuses to transfer the title and begins negotiating with another purchaser.

If the property is sold repeatedly, litigation may become considerably more complicated.

A timely injunction request may seek to prevent further disposition of the property while the ownership dispute is resolved.

However, an injunction is not automatic merely because fraud is alleged.

The claimant must present sufficient evidence and satisfy the procedural requirements.

What Is a Title Deed Cancellation and Registration Lawsuit?

A title deed cancellation and registration lawsuit, or tapu iptal ve tescil davası, is one of the most important Turkish property-law remedies.

The purpose is generally to establish that the existing registration is legally incorrect and obtain registration in the name of the person legally entitled to ownership.

Articles 1023–1025 of the Turkish Civil Code form part of the core framework.

Article 1023 protects a third person who acquires ownership or another real right in good faith by relying on the Land Registry.

Article 1025 permits judicial correction where a real right has been harmed by an unlawful registration.

Therefore, a title cancellation case often requires the court to examine:

• how the current owner acquired the property;
• whether a previous transaction was fraudulent;
• whether documents were forged;
• whether the registered owner participated in the fraud;
• and whether a later purchaser qualifies as a protected good-faith third party.

Can a Foreign Buyer File a Title Deed Cancellation Case If They Paid Money but Never Received Title?

Sometimes, but not in every case.

This distinction is critical.

A person who simply pays money under an informal agreement does not automatically become the owner of registered real estate.

Article 237 of the Turkish Code of Obligations requires an official form for a valid real estate sale contract.

Under the current system, property sale contracts can also be made through authorised notaries under Notary Law Article 61/A, with the transaction processed through the Land Registry information system and registration subsequently completed.

Therefore, consider two different situations.

Situation A: Valid enforceable ownership right exists

The buyer may have a legally enforceable basis allowing a claim for registration.

Situation B: Buyer only signed an ordinary private paper with a fraudster

The buyer may not necessarily have a valid legal basis to compel title transfer.

The primary remedy may instead be:

• repayment;
• compensation;
• unjust enrichment;
• contractual damages;
• and criminal prosecution.

Therefore, the phrase “I paid for the house” does not by itself establish that a title cancellation and registration lawsuit is always the correct remedy.

What If a Foreign Buyer Signs Only a Private Sales Contract?

This is one of the most common risks.

A foreign buyer may sign a document at:

• an estate agent’s office;
• a developer’s sales office;
• a hotel;
• or a café,

and believe that ownership has been acquired.

The document may even state:

“Property Sale Agreement.”

But Turkish real estate ownership is highly formal.

Article 237 requires official form for a valid sale of real estate.

An ordinary privately signed agreement does not automatically transfer ownership.

A foreign buyer should therefore distinguish between:

a reservation agreement,

a private preliminary contract,

a notarised property sale promise,

and

an actual official property sale and Land Registry registration.

They have different legal effects.

What If the Seller Takes the Money and Disappears Before the Title Transfer?

This is a classic fraud scenario.

The buyer should immediately determine:

1. whether the person actually owns the property;
2. whether the property still remains registered in that person’s name;
3. whether it has been transferred;
4. whether an injunction can be requested;
5. whether a valid formal contract exists;
6. and whether the money can be traced.

If the seller still owns the property and the buyer has a legally enforceable contractual right, specific performance may need to be considered.

If no valid enforceable ownership right exists, recovery of money and damages may be the more realistic remedy.

A criminal complaint should also be considered where the evidence demonstrates a fraudulent scheme.

What If the Seller Never Owned the House or Land?

A fraudster may present himself as:

• the owner;
• the owner’s representative;
• an authorised estate agent;
• a developer;
• or a family member authorised to sell.

If the person had no ownership or valid authority, the transaction may not transfer ownership.

The foreign buyer then needs to identify where the purchase money went and whether another person participated in the fraud.

Potential claims may be directed against:

• the fraudster;
• the company involved;
• representatives;
• intermediaries who knowingly participated;
• and, depending on the circumstances, other legally responsible persons.

What If a Forged Power of Attorney Was Used?

Forged powers of attorney are among the most serious forms of Turkish real estate fraud.

A fraudster may create or use a false power of attorney supposedly issued by the real owner and transfer the property.

The initial registration resulting from the forged authority may be legally defective.

However, matters become more complicated if the property is later sold to another person.

The key question becomes whether the later purchaser is protected under Article 1023 of the Turkish Civil Code as a genuinely good-faith third party.

The Court of Cassation’s 1st Civil Chamber, E. 2025/5416, K. 2025/5866, dated 11 December 2025, examined a case where property had been transferred through a forged power of attorney and later sold again. The Court emphasised that Article 1023 protection is not automatic; short intervals between transfers, substantial differences between market and sales values, relationships among the parties and the surrounding circumstances must be examined when determining good faith.

Therefore, a forged first transfer does not always produce the same result for every subsequent owner.

What If the Foreign Buyer Is the Innocent Later Purchaser?

This may create one of the strongest defences available under Turkish property law.

Article 1023 protects a purchaser who acquires ownership in good faith by relying on the Land Registry.

For example:

The real owner is defrauded.

The property is unlawfully registered in another person’s name.

That person later sells it to an unrelated foreign purchaser.

The foreign buyer:

• checks the title;
• pays market value through a bank;
• has no relationship with the fraudster;
• obtains independent legal advice;
• and has no reason to suspect the earlier unlawful transaction.

The foreign buyer may potentially be protected.

But if the buyer paid a dramatically low price, knew the parties, paid cash without documentation and purchased only days after a suspicious earlier transfer, the good-faith defence may fail.

What If the Foreigner Was Shown One Property but Another Was Transferred?

This can constitute serious fraud or mistake.

For example:

A foreign investor is shown a sea-view apartment.

The buyer visits it repeatedly and agrees on a price.

At the formal transfer, however, another independent unit with a similar number is transferred.

Or:

The investor is shown valuable development land near a major road but the title deed corresponds to a distant agricultural parcel.

The buyer should immediately compare:

• parcel number;
• block number;
• independent unit number;
• land area;
• floor;
• project plan;
• coordinates;
• and title deed records.

Where deception is established, remedies based on fraud under Article 36 of the Turkish Code of Obligations may become relevant.

Article 36 provides that a person who entered a contract because of the other party’s intentional deception is not bound by that agreement, even if the resulting mistake would not otherwise qualify as fundamental.

How Long Does a Buyer Have to Rely on Fraud Under the Turkish Code of Obligations?

This is extremely important.

Article 39 provides that a party who entered a contract because of mistake or fraud must, generally, declare that they do not consider themselves bound or demand return of what was given within one year from discovering the fraud, otherwise the agreement is deemed ratified for this purpose. The provision also states that deemed ratification does not eliminate compensation rights arising from fraud or duress.

Therefore, a foreign buyer should not wait after discovering the deception.

The one-year rule is particularly important where the legal strategy relies directly on defective consent caused by fraud.

Different causes of action may have different periods.

It is therefore unsafe to assume that every property-fraud claim can be filed whenever the buyer wishes.

Can Fraud Be Proven Without a Written Confession?

Yes.

Fraud is rarely proven by a message saying:

“I intentionally defrauded you.”

Courts assess the totality of evidence.

A particularly useful recent decision is the Court of Cassation 1st Civil Chamber, E. 2025/1986, K. 2026/1963, dated 11 March 2026.

The case concerned fraud-based title cancellation and registration.

The Court considered facts including:

• very rapid successive transfers;
• cooperation between defendants;
• witness evidence;
• and the absence of documentation proving payment.

The Court concluded that the evidence, considered together, established fraud.

This is important for foreign victims.

Fraud can potentially be established through:

• bank records;
• transaction chronology;
• abnormal prices;
• communications;
• false documents;
• witness evidence;
• relationships between participants;
• rapid resale;
• and the ordinary course of life.

What If the Same Apartment Is Sold to Several Foreign Buyers?

This can produce both criminal and civil proceedings.

Suppose a developer sells Apartment 12 to Buyer A.

The developer receives substantial payment.

Before title is transferred, the developer sells the same apartment to Buyer B.

Then the developer repeats the process with Buyer C.

Whether each buyer can obtain ownership depends on:

• the form of each agreement;
• whether any right was registered or annotated;
• whether title was eventually transferred;
• the buyers’ good faith;
• and the legal status of the project.

Criminally, the repeated use of the same property to collect money may strongly support a fraud allegation where deceptive intent is established.

As noted above, the Court of Cassation’s February 2026 decision concerning a contractor’s sale of the same property to multiple persons confirms that such conduct can fall within fraud provisions and that commercial status must be examined for aggravated-fraud classification.

What If a Developer Collects Money but Never Builds the Project?

Where a foreign consumer purchases a future residence from a professional developer, the Consumer Protection Law No. 6502 may provide additional protections.

Article 40 regulates pre-paid residential property sales and prohibits entering into such agreements before the building permit has been obtained.

Article 43 grants a consumer a 14-day right of withdrawal from a pre-paid residence contract without giving a reason or paying a contractual penalty.

Article 44 currently requires delivery within the contractual period and, in any event, no later than 48 months from the contract date.

Article 45 also contains a separate right allowing withdrawal from the contract within the statutory framework for up to 24 months, subject to the conditions and potential compensation specified in that article.

These consumer rights can exist independently of criminal fraud.

Thus, a foreign purchaser may have:

consumer-law remedies against the developer

and simultaneously,

criminal remedies if there was fraudulent intent.

Can the Buyer Recover Money from a Developer or Company?

Potentially, yes.

The correct defendant depends on how the transaction was structured.

Possible defendants may include:

• the development company;
• the seller company;
• individual representatives where personal liability exists;
• contractors;
• estate agents;
• or other persons who personally received or diverted money.

The fact that payment was made into a company’s account is important evidence.

Company records, invoices and commercial registration should be obtained.

Where a company is rapidly disposing of assets, protective legal measures may need urgent consideration.

Is an Estate Agent Responsible for Fraud?

Potentially, depending on the agent’s conduct.

A real estate agent is not automatically liable merely because the seller later breaches the contract.

However, responsibility may arise where an agent:

• knowingly misrepresents ownership;
• presents forged title documents;
• receives the purchase price without authority;
• falsely states that a property is free of mortgages;
• knowingly sells a property already promised to another buyer;
• participates in a coordinated fraudulent scheme;
• or deliberately provides false information concerning the identity of the property.

The agent’s communications and payment records can be crucial evidence.

What If the Foreign Buyer Paid the Estate Agent Instead of the Owner?

This creates a major evidentiary issue.

The first question is:

Did the agent have authority to receive the money on behalf of the seller?

If yes, the payment may bind the seller depending on the scope of authority.

If not, the buyer may have a direct recovery claim against the agent.

Criminal fraud may also arise where the agent falsely represented that payment was authorised.

Foreign purchasers should generally avoid transferring large purchase prices to personal accounts belonging to agents or intermediaries without written, verified authority.

What If the Buyer Paid Cash?

Cash does not automatically make a property transaction invalid.

However, it can make proof dramatically more difficult.

If a buyer claims:

“I gave the seller USD 300,000 in cash”

but there is:

• no bank withdrawal;
• no written receipt;
• no witness;
• no acknowledgement;
• and no corresponding contract,

the factual dispute can become serious.

Bank payments are generally much safer because they can demonstrate:

• payment date;
• amount;
• currency;
• beneficiary;
• account holder;
• and transaction description.

Can the Foreign Buyer Recover the Purchase Price?

Yes, depending on the legal circumstances.

If the buyer was fraudulently induced to pay money without receiving the legally promised property, several monetary remedies may be considered.

These can include:

• restitution following invalidation of the contract;
• contractual damages;
• unjust enrichment;
• compensation arising from fraud;
• or seller liability where the buyer later loses ownership to a person holding a superior legal right.

The correct legal basis matters for:

• limitation periods;
• interest;
• burden of proof;
• competent court;
• and damages calculation.

What If the Buyer Received the Title but Later Loses It to the Real Owner?

This creates an important additional remedy against the seller.

The Turkish Code of Obligations regulates the seller’s liability where a third person has a superior pre-existing right and the purchased property is taken from the buyer.

This is known as seller liability for eviction (zapttan sorumluluk).

The buyer may potentially recover the purchase price and additional statutory losses depending on the circumstances.

This remedy becomes particularly important where:

1. the foreign buyer loses the property;
2. Article 1023 does not protect the buyer;
3. but the seller is responsible for having transferred property affected by another person’s superior right.

Can the Buyer Claim Compensation for More Than the Original Purchase Price?

Potentially.

The amount recoverable depends on the legal basis of the claim.

Possible losses may include, depending on the circumstances:

• purchase price;
• interest;
• transaction costs;
• taxes and fees;
• brokerage payments;
• certain litigation costs;
• renovation expenditure;
• financing losses;
• and other proven damages causally connected to the fraud.

Claims involving the property’s current increased value require more careful analysis and cannot be assumed automatically in every case.

Can the Turkish State Be Responsible for the Loss?

In specific circumstances, yes.

Article 1007 of the Turkish Civil Code states:

the State is responsible for losses arising from the keeping of the Land Registry.

This can become important where the victim’s loss is caused by an incorrect or defective public registry.

However, Article 1007 should not be treated as insurance against every real estate fraud.

If a private fraudster simply takes the buyer’s money outside the Land Registry process, State liability does not automatically arise.

There must be a legally sufficient connection between the loss and the keeping of the Land Registry.

Can a Foreign Buyer Sue the State Because a Fake Seller Used Forged Documents?

Possibly in certain cases, but this requires a detailed analysis.

Questions may include:

• whether the fraudulent registration was created through the Land Registry;
• whether the public register contained an error;
• whether official identity or authority verification failed in a way covered by Article 1007;
• whether the foreign buyer or true owner has already suffered a final loss;
• and whether another remedy must first be exhausted.

State liability is highly fact-specific.

Which Court Hears a Title Deed Fraud Case?

Where the lawsuit directly concerns ownership and seeks title cancellation or registration, Article 12 of the Code of Civil Procedure provides that the court where the property is located has exclusive territorial jurisdiction.

For ordinary title cancellation and registration litigation, the Civil Court of First Instance (Asliye Hukuk Mahkemesi) will generally be relevant unless a special law assigns jurisdiction elsewhere.

However, where the claim arises from a consumer transaction with a professional developer, Consumer Court jurisdiction may need to be considered.

The remedy requested can also affect jurisdiction.

Is Mediation Required Before a Property Fraud Lawsuit?

It depends on the type of claim.

Under Article 73/A of the Consumer Protection Law, Consumer Court disputes are generally subject to mandatory pre-litigation mediation.

However, the law expressly excludes consumer disputes arising from rights in rem over immovable property from that mandatory mediation requirement.

Therefore:

A consumer’s purely monetary claim against a developer may potentially be subject to mandatory mediation.

A lawsuit directly concerning ownership of real estate may fall within the statutory exception.

The claim should be correctly classified before filing.

Can a Foreign Buyer File the Lawsuit from Abroad?

Yes.

A foreign purchaser does not normally need to permanently remain in Türkiye merely because litigation is pending.

The buyer may appoint a Turkish lawyer through a valid power of attorney.

Depending on where the power of attorney is issued, procedures may involve:

• a Turkish consulate;
• apostille;
• certified translation;
• or other authentication requirements.

The important point is to act before procedural or substantive deadlines expire.

What If the Fraudster Has Transferred the Property to a Relative?

This does not necessarily prevent recovery.

Courts can examine whether the later transferee genuinely acted in good faith.

A transfer to:

• a spouse;
• sibling;
• business partner;
• employee;
• close friend;
• or related company

can be examined in the context of the overall evidence.

Family or business relationships do not automatically prove bad faith.

But when combined with:

• very low sale price;
• rapid transfer;
• no proof of payment;
• and prior knowledge of the dispute,

they may become highly significant.

The Court of Cassation’s 2025 forged-power-of-attorney decision is an example of the detailed good-faith analysis required in successive transfer cases.

What If the Property Is Transferred Repeatedly After the Fraud?

The case becomes harder but not necessarily impossible.

This is exactly why a preliminary injunction should be considered at an early stage.

Each new purchaser may introduce a new issue concerning Article 1023 good faith.

The longer the chain becomes, the more complex the lawsuit may become.

Immediate legal action is therefore usually preferable to sending repeated informal messages to the fraudster for months.

Can the Fraudster Avoid Liability by Transferring Money to Another Account?

Not necessarily.

Bank records can be investigated in criminal proceedings where statutory conditions are satisfied.

The relevant payment chain can help identify:

• actual beneficiaries;
• accomplices;
• company accounts;
• intermediary accounts;
• and movement of criminal proceeds.

The buyer should provide complete bank records to the prosecutor rather than only the first payment receipt.

What If Cryptocurrency Was Used?

The legal claim does not automatically disappear because the purchase money was paid through cryptocurrency.

However, proof becomes more technical.

The buyer should preserve:

• wallet addresses;
• transaction hashes;
• exchange records;
• screenshots;
• communications identifying the wallet owner;
• and documents showing the agreed Turkish-lira or foreign-currency value.

The greater the transaction value, the more important professional blockchain analysis may become.

What If the Fraudster Claims the Money Was Only a Deposit?

The written communications become crucial.

The court will examine what the parties genuinely agreed.

For example:

The buyer sends USD 100,000 with the description “Apartment purchase price.”

The seller sends messages stating:

“Once the full price arrives, I will transfer the apartment.”

Later, after receiving the money, the seller says:

“This was only a non-refundable reservation fee.”

The earlier documentary record may contradict that new explanation.

What If the Seller Says the Purchase Price Was Never Paid?

Again, documentary evidence is critical.

Bank records, receipts, messages and transaction documents can establish payment.

Recent Court of Cassation decisions concerning fraud-based title litigation have specifically treated the absence of payment evidence as an important factual consideration.

Accordingly, buyers should preserve payment documentation permanently.

Is a Very Low Purchase Price Evidence of Fraud?

Not by itself.

A property can legitimately be sold below market value.

However, an extreme discrepancy can become relevant when combined with other suspicious circumstances.

For example:

• property worth TRY 20 million is transferred for a nominal amount;
• transfer occurs days after a forged transaction;
• the purchasers are relatives;
• no payment evidence exists.

These facts together can undermine a claim of good faith.

Can a Foreign Buyer Be Defrauded Through an Inflated Property Value?

Yes.

This is a different type of fraud.

For example, an agent may tell a foreign investor:

“This land is worth USD 1 million and will be rezoned next month.”

The actual market value may be USD 200,000, and there may be no pending zoning change.

Whether this constitutes actionable fraud depends on what representations were made and whether they concerned objectively verifiable facts rather than mere sales opinion.

Evidence may include:

• valuation reports;
• zoning records;
• messages;
• advertisements;
• and expert reports.

Can a Foreigner Be Defrauded Through a Citizenship Property Scheme?

Yes.

Foreign buyers seeking Turkish citizenship can be vulnerable because the transaction may involve:

• large investment values;
• valuation procedures;
• title annotations;
• citizenship documentation;
• developers;
• agents;
• and intermediaries.

A fraudster may falsely promise that:

• a property qualifies for citizenship;
• the property value meets the threshold;
• an inflated valuation will be accepted;
• citizenship is guaranteed;
• or the same property can be resold immediately.

Property law and citizenship law should be examined separately.

Even if a citizenship application fails, the buyer’s contractual, consumer or fraud claims may continue.

Can a Foreigner Be Defrauded Through a Residence Permit Property Purchase?

Yes.

An agent may claim:

“Buy this property and your residence permit is guaranteed.”

This may be misleading.

Property ownership and immigration status are separate legal processes.

If the buyer can prove that the property was purchased specifically because of knowingly false immigration representations, those representations may become relevant to civil and potentially criminal liability.

What If the Land Is Agricultural but Was Sold as Development Land?

The buyer should immediately obtain:

• zoning plan records;
• municipality documents;
• cadastral information;
• title classification;
• and an independent valuation.

Where the seller deliberately misrepresented the legal development status of land, fraud and contractual remedies may arise.

A foreign buyer should never rely solely on an estate agent’s statement:

“The municipality will change the zoning soon.”

Official planning records should be reviewed before purchase.

What If the Property Is Mortgaged?

A mortgage registered before the purchase can have major consequences.

The buyer should check the Land Registry for:

• mortgages;
• attachments;
• usufruct;
• injunctions;
• sale promises;
• and other encumbrances.

If the seller knowingly conceals a mortgage while promising a debt-free property, contractual or fraud claims may arise.

However, registered rights can have legal effect regardless of whether the foreign buyer actually read the title record.

This is why pre-purchase Land Registry due diligence is essential.

What If the Property Is Under Attachment?

An attachment can affect transfer and enforcement risk.

A buyer who pays money without checking the title may later discover that creditors have already targeted the property.

Again, the solution depends on:

• whether title was transferred;
• when the attachment arose;
• what the seller represented;
• and whether the buyer’s rights have priority.

What If the Buyer Was Given a Fake Title Deed?

A printed or digital-looking document does not itself prove ownership.

Ownership should be verified through official Land Registry channels.

A fraudster may create:

• fake title certificates;
• altered screenshots;
• fake valuation reports;
• false municipality documents;
• or fabricated powers of attorney.

Foreign buyers should verify documents independently rather than through the same intermediary selling the property.

Should the Foreign Buyer Trust an Online Land Registry Screenshot?

Not as the only verification.

Documents supplied by the seller can be manipulated.

The official ownership and encumbrance situation should be confirmed through authorised procedures.

A lawyer acting for the buyer should independently review the current title information.

Can the Buyer Recover Estate Agent Commission?

Potentially, if the transaction failed because of fraud or wrongful conduct attributable to the agent.

The relevant questions include:

• what services were promised;
• whether the agent acted lawfully;
• whether a valid transaction occurred;
• whether the agent participated in deception;
• and what the written brokerage agreement states.

Commission recovery should be considered alongside the main property claim.

Can the Buyer Claim Interest?

Potentially, yes.

Where a monetary debt becomes due and the debtor enters default, interest may be claimed according to the applicable legal framework.

The starting date can depend on:

• the agreement;
• maturity date;
• formal notice;
• rescission;
• and the legal basis of the claim.

A formal notice can therefore be important before litigation.

Should a Notarial Notice Be Sent?

Frequently, yes.

A notarial notice can formally record:

• discovery of the fraud;
• rejection or avoidance of the transaction where appropriate;
• demand for return of the purchase price;
• demand for title transfer;
• reservation of damages;
• and a payment deadline.

This can be particularly important under Article 39’s one-year rule when the buyer relies on fraud as a defect of consent.

However, sending a notice should not delay urgent injunction or criminal proceedings.

Should a Foreign Victim Negotiate with the Fraudster?

Settlement may sometimes recover money quickly.

But negotiation should not become an excuse for missing legal deadlines or allowing assets to disappear.

A common fraud pattern is:

“Give me another month.”

then:

“The title transfer will happen next week.”

then:

“My bank account is temporarily blocked.”

then the property is sold to somebody else.

Once fraud is reasonably suspected, legal protection should be prioritised.

Practical Example 1: The Seller Takes USD 300,000 and Never Transfers the Apartment

A foreign buyer signs a private agreement and pays USD 300,000.

The seller repeatedly postpones the title transfer.

The buyer later discovers that the apartment belongs to someone else.

Possible actions include:

• criminal complaint;
• money-recovery proceedings;
• damages;
• investigation of the recipient bank accounts;
• and claims against any participating intermediary.

A title cancellation action may not be the correct principal remedy if the fraudster never owned the apartment and the buyer has no enforceable ownership right.

Practical Example 2: Same Apartment Sold to Three Buyers

A developer sells the same off-plan apartment to three foreigners.

All three make substantial payments.

The developer ultimately transfers title to one buyer.

The others should examine:

• their contractual rights;
• whether any rights were formally registered or annotated;
• consumer-law claims;
• repayment;
• damages;
• and criminal fraud.

The 2026 Court of Cassation decision concerning multiple sales by a contractor confirms the potential criminal-law relevance of such conduct.

Practical Example 3: Fake Power of Attorney

A fraudster uses a forged power of attorney to sell an elderly person’s villa.

The villa is later sold to a foreign buyer.

The true owner sues.

The outcome may turn on whether the foreign buyer qualifies as a good-faith third party under Article 1023.

The court may examine:

• purchase price;
• payment records;
• timing of transfers;
• relationships;
• and circumstances surrounding the acquisition.

Practical Example 4: Wrong Parcel Sold to Foreign Investor

A buyer is shown valuable land close to a tourism development.

At the Land Registry another parcel is transferred.

The buyer discovers the issue after commissioning a survey.

Potential claims may involve fraud, mistake, invalidation and restitution.

The buyer should act immediately because Article 39 imposes an important one-year period from discovery for exercising avoidance rights based on fraud or mistake.

Practical Example 5: Developer Project Does Not Exist

A foreign consumer pays instalments for an apartment in a large residential development.

No building permit exists.

Construction never starts.

The developer eventually disappears.

Article 40 of Consumer Protection Law specifically prohibits pre-paid housing sales before a building permit is obtained.

The foreign purchaser may have consumer remedies as well as a criminal complaint where fraudulent intent is established.

Practical Example 6: Property Title Exists but Has Major Hidden Encumbrances

The seller tells the buyer:

“The apartment is completely debt-free.”

The foreign buyer pays the price.

The buyer later discovers an existing mortgage.

The title documents, contract and seller representations must be examined.

Depending on the circumstances, the buyer may pursue contractual, fraud or other remedies.

Practical Example 7: Foreign Buyer Pays Agent’s Personal Bank Account

An estate agent tells the buyer:

“The seller asked me to collect the full price.”

The buyer sends EUR 250,000.

The real owner says no authority was ever given and no money was received.

The agent disappears.

The foreign buyer should preserve:

• the message giving payment instructions;
• bank records;
• the agent agreement;
• and any communication suggesting that the seller authorised payment.

The agent may face criminal and civil liability.

Whether the seller is also bound depends on agency and representation rules.

Practical Example 8: The Buyer Receives a Genuine Title but the Seller Was Defrauded Earlier

This is the classic Article 1023 problem.

The foreign buyer may actually be innocent.

If the buyer genuinely relied on the Land Registry and had no reason to know of the earlier defect, ownership may potentially be protected.

The original victim may then have to pursue other persons for compensation rather than recover the property from the protected purchaser.

Frequently Asked Questions About Property Fraud in Türkiye

I was defrauded while buying property in Türkiye. Can I file a criminal complaint?

Yes. If the evidence shows deceptive conduct used to obtain an unlawful benefit, Articles 157 or 158 of the Turkish Criminal Code may apply depending on the circumstances.

Can I recover my money?

Potentially yes. The correct civil claim depends on whether a valid contract existed, whether title was transferred and how the fraud occurred.

Can I get the house instead of my money back?

Potentially, if you have a legally enforceable right to ownership and the property remains capable of being transferred. Payment alone does not automatically create ownership.

Can I freeze the property?

A preliminary injunction may be requested where Article 389 conditions are satisfied.

Can a private contract transfer ownership of a house?

No. Turkish law requires official form for real estate sales.

Can property sales be carried out before a notary?

Yes. Under the current Notary Law framework, authorised notaries may execute real estate sale contracts and process them through the Land Registry system.

The seller used a forged power of attorney. Is the title automatically cancelled?

The original transfer may be unlawful, but the rights of later good-faith purchasers must be separately examined under Article 1023.

What if I am the innocent second buyer?

You may potentially benefit from Article 1023 protection if you genuinely acquired the property in good faith by relying on the Land Registry.

What if I paid cash?

You can still pursue a claim, but proving payment may be more difficult.

What if the property was sold to several people?

Both civil and criminal proceedings may be appropriate. The legal priority among buyers depends on the form and status of their respective rights.

What if a developer never builds the apartment?

Consumer Protection Law may apply. Pre-paid housing is specifically regulated, including building-permit requirements and delivery rules.

Is there a deadline after discovering fraud?

Yes. Article 39 contains a one-year period for exercising certain avoidance rights after discovery of fraud or mistake. Other claims may have different limitation rules.

Which court hears a title cancellation case?

A property-right case is subject to the exclusive territorial jurisdiction of the court where the property is located.

Can I litigate from outside Türkiye?

Yes. A foreign purchaser can generally appoint a Turkish lawyer through an appropriately issued power of attorney.

Does a criminal complaint automatically protect the property?

No. Civil protective measures such as an injunction may also be necessary.

Can I sue the Turkish State?

Potentially, in qualifying cases where loss arose from the keeping of the Land Registry under Article 1007.

How Can Foreign Buyers Avoid Property Fraud in Türkiye?

The best fraud case is the one that never has to be filed.

Before making a significant payment, foreign buyers should conduct both legal and technical due diligence.

Verify the registered owner

Do not rely on an estate agent’s statement.

Obtain current Land Registry information

Check mortgages, attachments, injunctions and other restrictions.

Match the physical property with the title deed

Verify block, parcel and independent-unit information.

Examine powers of attorney

Confirm that the representative genuinely has authority to sell the exact property and receive the relevant payments.

Use an independent lawyer

The developer’s or estate agent’s lawyer does not necessarily represent the buyer’s interests.

Use an independent interpreter

Do not sign important Turkish legal documents without understanding them.

Use traceable payments

Large cash payments create unnecessary risk.

Pay the correct person

Do not send the full property price to an estate agent’s personal account merely because the agent asks.

Research the company

If buying from a developer, verify the company and project.

Check the building permit

This is particularly important for pre-paid housing.

Preserve advertisements

They can later prove what was represented.

Avoid artificial urgency

Property fraud often relies on statements such as:

“You must transfer the money today.”

“Another foreign buyer is waiting.”

“There is no time for your lawyer to review it.”

“Do not worry about the title; we will fix it later.”

A legitimate high-value transaction should withstand reasonable legal scrutiny.

The Most Important Legal Strategy: Choose the Correct Remedy

One of the biggest mistakes in Turkish real estate fraud cases is filing the wrong lawsuit.

The words “I was defrauded buying a house” can describe completely different legal scenarios.

If the buyer paid money but the fraudster never owned the property:

The principal remedy may be repayment and compensation rather than title cancellation.

If the buyer has a valid right against the actual owner but title has not been transferred:

Specific performance and registration may need examination.

If the buyer’s own title resulted from fraud against another person:

The buyer may need to defend ownership using Article 1023 good faith.

If the buyer was tricked into transferring or purchasing the wrong property:

Fraud-based avoidance and title correction may be relevant.

If a developer collected money for an undelivered project:

Consumer law, contract law and criminal fraud may all apply.

If public Land Registry administration caused the loss:

Article 1007 State liability may also become relevant.

There is therefore no universal “property fraud lawsuit.”

The legal remedy must follow the actual transaction history.

Conclusion: Foreigners Defrauded in Turkish Real Estate Transactions Have Powerful Legal Remedies, but Speed Is Critical

A foreign national who has been defrauded while buying a house, apartment or land in Türkiye is not without legal protection.

Turkish law provides multiple remedies depending on the nature of the fraud.

The first possible route is criminal law.

A person who obtains a benefit by intentionally deceiving a purchaser may be investigated for fraud under Article 157 of the Turkish Criminal Code.

Where the offence is committed using information systems, banking systems, commercial-company activity or another aggravated method listed in Article 158, aggravated fraud may be applicable.

The second route is property litigation.

Where the existing title registration is unlawful and the buyer has a legally enforceable ownership claim, a title deed cancellation and registration action may be available.

However, Turkish property law also protects genuinely innocent purchasers who acquire rights in good faith by relying on the Land Registry under Article 1023.

Therefore, where forged powers of attorney or fraudulent previous transfers are involved, the question is not merely:

“Was there fraud somewhere in the ownership history?”

The court must also ask:

“Is the current purchaser legally protected as a good-faith third party?”

Recent Court of Cassation jurisprudence confirms that this assessment is detailed and fact-specific.

Short intervals between transfers, lack of proof of payment, substantial discrepancies between market and transaction values and relationships among parties may all be relevant to whether the purchaser genuinely acted in good faith.

The third route is contractual and monetary recovery.

Where the foreign buyer paid money but no valid title was obtained, the buyer may pursue repayment and damages.

Article 36 of the Turkish Code of Obligations provides that a person induced into a contract through the other party’s deception is not bound by that contract.

But timing matters.

Article 39 provides an important one-year period beginning from discovery of the fraud for exercising specified avoidance rights.

The fourth route concerns consumer protection.

Foreign individuals buying new homes from professional developers may qualify as consumers.

Pre-paid housing transactions are heavily regulated.

The developer cannot lawfully begin pre-paid residential sales before obtaining a building permit, consumers have statutory withdrawal protections and current legislation requires the property to be transferred or delivered within the contractual period and in any event within the statutory maximum of 48 months.

The fifth route is urgent protection of assets.

A victim should not merely file a criminal complaint and wait.

If the property is at risk of being sold, transferred or encumbered, a preliminary injunction under Article 389 of the Code of Civil Procedure may need to be requested quickly.

Timing can determine whether the dispute remains between two parties or becomes a complicated chain involving four or five subsequent purchasers.

Foreign buyers should also recognise that payment and ownership are not the same thing.

Under Article 237 of the Turkish Code of Obligations, a real estate sale must comply with official formal requirements.

A private document prepared by an estate agent does not automatically make the foreign purchaser the legal owner.

For this reason, before determining the appropriate lawsuit, the following questions should always be answered:

Who is the registered owner?

Who received the money?

Was the seller authorised to sell?

Was a valid official sales transaction completed?

Was title actually transferred?

Was the same property sold to another person?

Is there a current mortgage, attachment or injunction?

Was a forged power of attorney used?

Has the property subsequently been transferred?

Does the foreign purchaser have evidence of payment?

Is the transaction a consumer purchase from a developer?

When was the fraud discovered?

Is an urgent injunction needed?

These questions determine whether the foreign purchaser should seek:

• title deed cancellation and registration;
• performance of the property sale;
• rescission;
• repayment;
• damages;
• consumer remedies;
• a criminal investigation;
• or several remedies simultaneously.

Finally, foreign investors should understand that leaving Türkiye does not eliminate their legal rights.

A purchaser living abroad can generally pursue Turkish criminal complaints, civil litigation and recovery procedures through properly authorised Turkish counsel.

The most important principle is therefore simple:

Do not wait once property fraud is discovered.

Evidence disappears.

Money moves.

Companies become insolvent.

Properties are transferred.

And certain legal rights are subject to strict time limits.

Rapid legal analysis, preservation of evidence and the correct combination of criminal, civil and protective remedies can make the difference between recovering the property or purchase price and being left with an unenforceable claim against a fraudster who has already moved the assets elsewhere.

Legal Basis

The principal Turkish legislation relevant to foreign victims of real estate fraud includes:

Turkish Criminal Code No. 5237

Article 157 – Fraud

Covers fraudulent conduct used to deceive another person and obtain an unlawful benefit causing loss.

Article 158 – Aggravated Fraud

May apply depending on how the offence was committed, including certain uses of information systems or banking institutions and fraud committed by traders, company managers or persons acting on behalf of companies during commercial activities.

Turkish Code of Obligations No. 6098

Article 36 – Fraud / Deception

A party induced into a contract through intentional deception by the other party is not bound by the contract.

Article 39 – Time Limit for Defective Consent

Provides the one-year framework beginning from discovery of fraud or mistake for exercising the relevant avoidance rights.

Article 237 – Formal Requirements of Real Estate Sales

Requires official form for the validity of a property sale contract.

The Code also regulates seller liability where a buyer loses purchased property because of a superior pre-existing right held by another person.

Turkish Civil Code No. 4721

Article 1007 – State Liability for the Land Registry

The State is responsible for losses arising from the keeping of the Land Registry.

Article 1023 – Protection of Good-Faith Third Parties

Protects a third person who acquires ownership or another real right in good faith by relying on the Land Registry.

Articles 1024–1025 – Unlawful Registration and Correction

Provide the framework for challenging legally defective registration where the registered person is not entitled to protection.

Code of Civil Procedure No. 6100

Article 12 – Exclusive Jurisdiction for Real Estate Rights

Lawsuits capable of changing ownership or another real right over property are subject to the exclusive territorial jurisdiction of the court where the property is located.

Article 389 – Preliminary Injunction

Allows interim protection where changes in the current situation could make enforcement of the claimed right significantly harder or impossible or cause serious harm.

Consumer Protection Law No. 6502

Where a foreign individual purchases a residence from a professional developer as a consumer, relevant provisions may include:

• Article 40 – Pre-paid residential property sales
• Article 41 – Formal requirements
• Article 42 – Security requirements
• Article 43 – 14-day withdrawal right
• Article 44 – Delivery
• Article 45 – Withdrawal from the contract
• Article 73 – Consumer Court
• Article 73/A – Mandatory mediation and exceptions

The current statutory maximum period for delivery of a pre-paid residence is 48 months from the contract date.

Selected Recent Court of Cassation Decisions

Court of Cassation 1st Civil Chamber, E. 2025/1986, K. 2026/1963, 11 March 2026

The Court examined a fraud-based title cancellation case and considered rapid successive transfers, cooperation among defendants and absence of payment evidence as part of the proof of fraudulent conduct.

Court of Cassation 11th Criminal Chamber, E. 2021/32175, K. 2026/2107, 25 February 2026

The case concerned a contractor who sold the same property to multiple persons. The Court emphasised that the defendant’s commercial status had to be investigated to determine whether the offence fell within aggravated fraud committed during commercial activities.

Court of Cassation 1st Civil Chamber, E. 2025/5416, K. 2025/5866, 11 December 2025

In a case involving a forged power of attorney and successive sales, the Court emphasised that good-faith protection under Article 1023 requires substantive examination of the transaction circumstances, including transfer timing, price differences and relationships among the parties.

Disclaimer: This article provides general information concerning Turkish criminal, property, contract and consumer law. It does not constitute individual legal advice. Real estate fraud cases are highly fact-specific. The title history, contract form, payment documents, Land Registry status, seller authority, date of discovery, subsequent transfers and available assets should be reviewed immediately before deciding which civil and criminal remedies to pursue.