What Legal Actions Can a Foreigner Take If a Property Purchased in Türkiye Is Defective or Incomplete?

Buying property in Türkiye can represent a substantial financial commitment for a foreign national.

Foreign buyers purchase apartments, villas and residences in Türkiye for many different reasons: permanent residence, retirement, investment, rental income, obtaining a residence permit, establishing a second home or qualifying for Turkish citizenship through investment.

Unfortunately, not every property is delivered as promised.

A foreign buyer may pay hundreds of thousands of dollars for an apartment advertised as part of a luxury residential project and later discover that:

• the apartment is smaller than promised;
• the swimming pool was never built;
• promised social facilities are missing;
• construction materials are of lower quality than advertised;
• the property suffers from serious water leakage;
• the roof is defective;
• the apartment has insulation problems;
• the parking space promised in the contract does not exist;
• the building does not have the expected occupancy documentation;
• common areas are unfinished;
• the view advertised during the sale is materially different;
• the apartment was delivered late;
• the title deed or project differs from what was represented;
• or the actual market value is substantially reduced because of construction defects.

The first question is usually:

“What can I do if the property I purchased in Türkiye is defective or incomplete?”

Turkish law provides several potentially powerful remedies.

Depending on the particular transaction, the foreign buyer may be entitled to demand:

1. rescission of the property sale agreement and repayment of the purchase price;
2. a reduction in the purchase price;
3. free repair of defects;
4. completion of missing works;
5. replacement where legally and practically possible;
6. compensation for loss in property value;
7. compensation for additional financial losses;
8. delivery of contractual amenities and common areas;
9. or, in appropriate cases, other remedies concerning title, registration or contractual performance.**

The correct legal strategy depends particularly on whether the seller was a developer or professional real estate company or merely a private individual, whether the buyer qualifies as a consumer, whether the problem is an actual defect (ayıp) or incomplete performance (eksik ifa), when the defect became apparent and what was promised in the contract, advertisements and sales materials.

Foreign nationality does not prevent a buyer from relying on Turkish property, contract and consumer protection law.

Are Foreign Property Buyers Protected by Turkish Law?

Yes.

A foreign buyer does not have fewer contractual rights merely because he or she is not a Turkish citizen.

Where the property is located in Türkiye and the transaction is governed by Turkish law, the purchaser may rely on the applicable provisions of:

• the Turkish Code of Obligations No. 6098;
• the Consumer Protection Law No. 6502, where the transaction qualifies as a consumer transaction;
• the Land Registry legislation;
• condominium and construction legislation;
• and the general rules of Turkish civil and procedural law.

The first legal question is therefore not the nationality of the purchaser.

The more important questions are:

Who sold the property?

Why did the purchaser buy it?

What exactly was promised?

What was actually delivered?

These questions determine which statutory regime and which court may apply.

Is Every Property Purchase by a Foreigner a Consumer Transaction?

No.

This distinction is extremely important.

The Consumer Protection Law applies to consumer transactions.

Whether a foreign buyer is considered a consumer depends on the nature and purpose of the transaction rather than nationality.

For example, a foreign individual purchasing an apartment from a professional developer for personal or family use may generally fall within the consumer protection framework where the statutory requirements are satisfied.

By contrast, the position may differ where:

• a company buys ten apartments as part of its commercial activity;
• the purchaser is acting directly for a business or professional purpose;
• both sides are commercial entities;
• or the seller is a private individual who is not acting commercially or professionally.

Law No. 6502 applies to consumer transactions and assigns disputes arising from such transactions to Consumer Courts.

Therefore, the first step in a defective-property dispute is often determining whether the case is governed principally by:

Consumer Protection Law No. 6502

or

the Turkish Code of Obligations.

In some disputes, provisions of both legal regimes may become relevant.

What Is a Defective Property Under Turkish Law?

A property does not need to be completely unusable before it can legally be considered defective.

Article 8 of the Consumer Protection Law defines defective goods broadly.

A property can be defective where, at the time of delivery, it does not correspond to the agreed example or model or does not possess the objectively required characteristics.

The law also recognises defects where a product lacks characteristics stated in advertisements, announcements, internet listings or representations made by the seller, or where material, legal or economic deficiencies reduce or eliminate the benefits that a consumer could reasonably expect.

This is extremely significant in real estate projects.

The developer cannot necessarily defend a case simply by saying:

“The swimming pool was not written on the title deed.”

If the swimming pool, sports facilities, landscaped areas, smart-home system or other facilities formed part of the contractual sales presentation, brochures, advertisements, approved project or representations inducing the sale, those materials may become important evidence.

Examples of Defects in a Property

A defect may be physical, legal or economic.

Common physical defects include:

• water leakage;
• roof defects;
• cracks;
• defective insulation;
• damp and mould;
• defective plumbing;
• malfunctioning electrical systems;
• poor-quality flooring;
• defective windows;
• faulty heating systems;
• drainage problems;
• defective elevators;
• structural construction problems.

Legal or economic defects may include problems such as:

• promised characteristics not corresponding with legal/project documentation;
• significant restrictions affecting the property’s expected use;
• missing project characteristics;
• or other circumstances materially reducing the property’s economic benefit.

Each case should be examined against the contract and the characteristics reasonably expected from the particular property.

What Is the Difference Between a Defect and Incomplete Performance?

This is one of the most important distinctions in Turkish property litigation.

A defect (ayıp) generally means that an obligation has technically been performed, but it has been performed improperly.

Incomplete performance (eksik ifa) generally means that something which was contractually required was never performed at all.

A classic example helps explain the difference.

Suppose the contract requires kitchen cabinets.

If the developer installs the cabinets but uses substantially lower-quality materials than contractually promised, this may constitute defective performance.

If the developer never installs the cabinets at all, this may constitute incomplete performance.

The Court of Cassation has used similar reasoning when distinguishing the two concepts. In one decision, it explained by example that failure to install an elevator motor would constitute incomplete performance, whereas installation of an elevator that does not work because of a defective component may constitute defective performance. Likewise, failure to install promised kitchen cabinets can constitute incomplete performance, whereas installing cabinets made from inferior material may constitute defective performance.

The distinction matters because notification and limitation-period questions can differ depending on how the legal problem is classified.

Are Missing Swimming Pools, Sports Facilities and Social Areas Defects?

Potentially.

Modern housing projects are frequently sold not only on the basis of the apartment itself but on the overall lifestyle promised by the project.

Marketing materials may promise:

• indoor and outdoor swimming pools;
• tennis courts;
• gyms;
• children’s playgrounds;
• landscaped gardens;
• artificial lakes;
• parking facilities;
• security facilities;
• social clubs;
• schools or nurseries;
• smart-home infrastructure;
• walking tracks;
• shopping areas.

Where such facilities form part of the contractual undertaking or legally relevant sales representations and are later omitted or materially altered, claims may arise.

Turkish Court of Cassation case law contains many disputes involving residential projects where promised recreational and social facilities were not constructed or were materially different from the sales presentation.

However, whether a particular omission constitutes incomplete performance, an apparent defect or another contractual breach can significantly affect the outcome.

For that reason, the exact sales date, applicable legislation and nature of the missing feature must be analysed carefully.

What If the Apartment Is Smaller Than Promised?

Missing square meters are a common source of litigation.

Suppose a foreign buyer purchases an apartment advertised and contractually described as 180 square meters.

After delivery, an architectural measurement demonstrates that the relevant area is significantly smaller.

The buyer may potentially seek compensation or a reduction in price.

Article 244 of the Turkish Code of Obligations expressly regulates an important aspect of area shortages in real estate sales.

Unless otherwise agreed, where the property does not contain the surface area stated in the sales agreement, the seller may be required to compensate the purchaser for the deficiency. Special rules apply where the area recorded in the land registry is based on an official measurement.

However, square-meter disputes can be technically complicated.

The calculation may depend on whether the contract referred to:

• net area;
• gross area;
• saleable area;
• independent-unit area;
• common-area share;
• architectural-project area.

These are not necessarily the same measurement.

Expert examination is frequently necessary.

The Court of Cassation has also treated certain readily identifiable square-meter shortages as apparent defects in particular factual and historical legal contexts, making the timing of notification an important issue.

A buyer who discovers a substantial area discrepancy should therefore act without delay.

What Rights Does a Consumer Have If the Property Is Defective?

Article 11 of Consumer Protection Law No. 6502 gives consumers several alternative rights where a purchased item is defective.

The consumer may generally choose among:

1. rescinding the contract by offering to return the purchased property;
2. keeping the property and requesting a reduction in the purchase price proportionate to the defect;
3. requesting repair without charge where this would not impose disproportionate costs;
4. requesting replacement with a defect-free equivalent where possible.

The consumer’s right to claim damages under general legal principles is also preserved.

In property cases, the most practically important remedies are usually:

contract rescission,

price reduction,

repair or completion,

and

compensation.

Can the Foreign Buyer Cancel the Sale and Get the Purchase Price Back?

Potentially, yes.

Where the defect is sufficiently serious and the statutory conditions are satisfied, rescission may be requested.

This means, in simplified terms:

• the purchaser returns the property;
• the seller returns the purchase price;
• and related consequences of rescission are resolved under the applicable law.

Under Article 227 of the Turkish Code of Obligations, a purchaser may also elect to rescind the sales contract by declaring readiness to return the defective item. The same provision preserves additional damage claims.

However, rescission is not automatically appropriate for every minor defect.

The law recognises proportionality.

If rescission would be excessive considering the nature of the defect, a court may in relevant cases conclude that repair or reduction of the purchase price is the appropriate remedy rather than cancellation of the entire transaction.

For example, a small repairable defect in one bathroom would not ordinarily be treated in the same way as serious structural defects affecting the entire building.

What Is a Price Reduction Claim?

A price reduction claim allows the buyer to retain the property but recover the portion of the purchase price corresponding to the defect or loss in value.

This is often the most commercially realistic remedy.

For example:

A foreign buyer pays USD 500,000 for an apartment in a luxury development.

Promised facilities and specifications are not delivered.

Because of those deficiencies, the apartment’s value is materially lower than the value it would have had if the contract had been properly performed.

The buyer may seek compensation corresponding to the legally calculated loss of value.

Turkish courts frequently use expert evidence to determine the relationship between:

• the property’s value if properly and fully performed;
• and the value of the property in its defective or incomplete state.

Court of Cassation decisions involving residential developments have recognised claims based on diminution in value where promised characteristics were missing.

Can the Buyer Demand Free Repair?

Yes, where legally appropriate.

Both consumer protection legislation and general sales-law principles recognise repair as an important remedy.

Article 227 of the Turkish Code of Obligations allows the buyer to demand free repair at the seller’s expense where repair would not require disproportionate expense.

For example, a buyer may potentially request rectification of:

• defective waterproofing;
• defective windows;
• installation errors;
• plumbing defects;
• electrical defects;
• insulation deficiencies;
• flooring defects;
• or other remediable construction problems.

In practice, the technical feasibility and cost of repair will often be examined through a construction expert.

Can the Buyer Demand Completion of Missing Works?

Yes, depending on the contractual structure and legal classification.

Where the developer never performed a contractual obligation at all, the buyer may seek performance or compensation for incomplete performance.

Examples may include:

• missing kitchen cabinets;
• unfinished parking facilities;
• missing landscaping;
• an unbuilt pool;
• incomplete elevators;
• missing technical systems;
• unfinished common areas.

The buyer’s remedy may involve demanding actual completion where possible or seeking the economic equivalent of the missing work.

The Court of Cassation has repeatedly distinguished incomplete performance from defective performance and has recognised that the value of missing work may form the basis of a monetary claim.

Can the Buyer Claim Additional Damages?

Potentially, yes.

The buyer’s rights are not necessarily limited to repair or price reduction.

Both Consumer Protection Law and the Turkish Code of Obligations preserve the possibility of seeking damages under the relevant general principles.

Depending on causation and proof, possible additional loss may include:

• necessary repair expenditure;
• expenses incurred because the property could not be used;
• certain accommodation expenses;
• lost rental income in appropriate circumstances;
• professional and technical investigation costs where recoverable;
• and other direct losses resulting from the seller’s breach.

However, damages must generally be proven.

A buyer cannot simply state that he or she “lost money.”

The loss, breach and causal relationship should be demonstrated.

Can a Buyer Claim Lost Rental Income?

Potentially, depending on the circumstances.

Suppose a foreign investor purchases an apartment specifically to rent it out.

The apartment is delivered with severe defects that make occupation legally or practically impossible for several months.

If the legal conditions for damages are established, lost rental income may potentially form part of the claim.

However, this is fact-sensitive.

The purchaser may need to prove:

• that the apartment could realistically have been rented;
• expected market rent;
• the period during which rental was impossible;
• and the causal relationship between the defect and the lost income.

The claimant should not assume that a hypothetical maximum rental figure will automatically be accepted.

Expert evidence may be required.

What If the Property Was Purchased from a Developer?

Purchasing from a professional developer may place the foreign buyer in a particularly strong legal position where the buyer qualifies as a consumer.

In that situation, Law No. 6502 may apply.

The buyer may rely not only on the signed contract but potentially also on:

• brochures;
• advertisements;
• project presentations;
• model apartments;
• website representations;
• floor plans;
• technical specifications;
• and other sales materials.

Article 8 of the Consumer Protection Law expressly includes failure to possess characteristics contained in advertisements and announcements within the concept of defective goods.

Therefore, developers should be cautious about arguing:

“That facility was only shown in the brochure.”

The brochure may itself be legally relevant.

What If the Property Was Purchased from a Private Individual?

The legal regime may differ.

Suppose a foreign national buys a used apartment from another private individual who is not acting as a professional real estate seller.

The transaction may not qualify as a consumer transaction.

The purchaser may instead rely principally on the Turkish Code of Obligations, including the seller’s liability for defects under Articles 219 and following.

Article 219 provides that a seller is liable where the property lacks qualities specifically promised or contains material, legal or economic defects eliminating or substantially reducing its value or usefulness.

The seller can be liable even if the seller did not know of the defect.

This means:

“I did not know about the defect”

is not always a complete defence.

What If the Seller Knew About the Defect and Concealed It?

The buyer’s position may become significantly stronger.

Article 221 of the Turkish Code of Obligations provides that if the seller is grossly at fault in transferring defective property, an agreement excluding or limiting liability for defects is absolutely invalid.

Article 225 also limits the seller’s ability to rely on the buyer’s failure to inspect or notify where the seller is grossly at fault.

Likewise, Consumer Protection Law provides an important exception to limitation protection where the defect has been concealed through gross fault or fraud.

Therefore, situations such as deliberately:

• painting over serious water damage;
• concealing structural cracks;
• providing misleading technical information;
• hiding known legal restrictions;
• supplying false project information;
• or intentionally misrepresenting the property’s characteristics

may have consequences far more serious than an innocent construction defect.

Evidence of concealment can therefore be crucial.

What Is a Hidden Defect?

A hidden defect (gizli ayıp) is a problem that could not reasonably be identified through an ordinary inspection at the time the property was received but becomes apparent later.

Examples can include:

• waterproofing defects appearing after heavy rain;
• serious defects inside walls;
• hidden plumbing defects;
• concealed structural problems;
• hidden insulation failures;
• defects in underground systems;
• problems emerging only during seasonal use.

Under Article 223 of the Turkish Code of Obligations, the buyer must inspect the property as soon as reasonably possible and notify the seller of defects requiring liability within an appropriate time. Where a defect could not be identified through ordinary inspection and emerges later, it must be notified promptly after discovery.

Accordingly, a foreign buyer should not delay after discovering a hidden defect.

What Is an Apparent Defect?

An apparent defect is generally a defect that can be discovered through a normal and reasonable inspection.

Examples might include, depending on the circumstances:

• clearly missing facilities;
• visibly incomplete construction;
• readily measurable area discrepancies;
• missing fixtures;
• visible physical damage.

The classification can have serious procedural consequences because notification obligations may apply.

The Court of Cassation has, for example, regarded square-meter shortages as apparent defects in certain residential-sale cases.

Foreign buyers should therefore carry out a careful technical inspection when taking delivery rather than signing every handover document without reservation.

Should a Buyer Sign a Delivery Form Saying “No Defects Exist”?

Extreme caution is recommended.

Developers commonly ask buyers to sign documents stating that:

• the apartment was inspected;
• it was delivered completely;
• no defects exist;
• the buyer has no remaining claims.

Such clauses do not necessarily eliminate every future hidden-defect claim, particularly where a defect could not reasonably be detected or the seller concealed the problem.

However, signing a broad unconditional handover form can create an evidentiary disadvantage.

If problems are visible at delivery, the buyer should ideally record them expressly in the handover protocol.

For example:

“Water leakage observed in bedroom wall.”

“Parking space promised in contract has not been delivered.”

“Kitchen cabinets incomplete.”

“Swimming pool and landscaping remain unfinished.”

The buyer should keep a signed copy.

How Long Does the Foreign Buyer Have to File a Claim?

The applicable limitation period depends on the legal regime and the nature of the property.

Under Consumer Protection Law No. 6502, liability for defective goods is generally subject to two years, but for residential or holiday-purpose immovable property the statutory period is five years from delivery, unless a longer period applies under another law or contract.

Under the Turkish Code of Obligations, Article 244 specifically provides that claims arising from defects in a building become time-barred five years after transfer of ownership; where the seller is grossly at fault, the period is twenty years.

The classification of the claim remains extremely important.

A claim based on:

• defective construction;
• incomplete performance;
• fraud;
• contractual non-performance;
• or another legal theory

may involve different limitation considerations.

Therefore, a foreign buyer should never assume:

“I have five years in every property dispute.”

The contract, delivery date, ownership transfer date, nature of the defect and applicable statute should all be checked.

Does the Five-Year Period Begin When the Contract Is Signed?

Not necessarily.

Under the Consumer Protection Law, the five-year defective-property limitation rule for residential and holiday properties is linked to delivery to the consumer.

Under Article 244 of the Turkish Code of Obligations concerning defects in a building, the five-year period is linked to transfer of ownership.

This difference itself demonstrates why identifying the applicable legal regime is essential.

What If the Developer Never Delivers the Apartment?

This is not merely a classic defect issue.

A property that has not been delivered at all may involve non-performance or delayed performance.

Special rules apply particularly to pre-paid residential sales.

Article 44 of the Consumer Protection Law provides that a pre-paid residence must be delivered within the period promised in the contract and, in any event, the statutory maximum delivery period is 48 months from the contract date.

Where the developer fails to deliver the property, the consumer may need to consider remedies relating to:

• specific performance and delivery;
• rescission;
• repayment;
• default;
• damages;
• contractual penalties;
• and security mechanisms.

This should be distinguished from a property that was actually delivered but delivered defectively.

What Evidence Should a Foreign Buyer Collect?

Evidence is often decisive in Turkish property litigation.

The buyer should preserve:

• property sale agreement;
• title deed;
• preliminary sale contract;
• payment receipts;
• bank transfers;
• invoices;
• architectural drawings;
• technical specifications;
• approved project documentation;
• advertisements;
• brochures;
• screenshots of the developer’s website;
• social media advertisements;
• WhatsApp conversations;
• emails;
• estate-agent messages;
• photographs;
• videos;
• delivery protocol;
• expert reports;
• municipality documentation;
• occupancy documentation;
• construction permits;
• correspondence with the developer;
• notarial notices;
• and evidence of repair or other losses.

A foreign buyer should preserve marketing materials before they disappear from the internet.

A developer can redesign a website.

Advertisements may be deleted.

Sales staff may leave the company.

Screenshots and archived communications can therefore become extremely valuable.

Should a Technical Expert Inspect the Property?

Often, yes.

Many property disputes cannot be properly evaluated only through photographs.

A construction or architectural expert may need to identify:

• the existence of defects;
• the cause of defects;
• whether construction complies with the project;
• whether materials comply with specifications;
• the cost of repair;
• missing construction works;
• square-meter discrepancies;
• and resulting reduction in market value.

In urgent situations, preserving evidence before repairs begin may be especially important.

Depending on the case, a court-based evidence determination procedure (delil tespiti) may be considered before the main lawsuit.

This can be valuable where:

• the defect may change over time;
• urgent repairs are necessary;
• construction is continuing;
• or evidence could otherwise disappear.

Can the Buyer Send a Notarial Notice Before Filing a Lawsuit?

Yes, and in many cases this is advisable.

A formal notice can identify:

• the property;
• purchase agreement;
• delivery date;
• defects or missing works;
• relevant evidence;
• legal rights being invoked;
• requested remedy;
• and a deadline for voluntary performance.

A notarial notice may also provide important evidence concerning when the seller was informed of the defect.

This is particularly significant where defect-notification rules are disputed.

However, a notarial notice does not automatically stop every limitation period.

The buyer must still analyse the relevant statutory deadlines.

Which Court Handles a Defective Property Case?

The answer depends on the nature of the transaction.

Consumer Transaction

Where a foreign individual purchases a residence from a professional seller or developer as a consumer, the dispute will generally fall within the jurisdiction of the Consumer Court (Tüketici Mahkemesi).

Article 73 of Law No. 6502 provides that Consumer Courts have jurisdiction over disputes arising from consumer transactions and practices directed toward consumers.

Private Sale

Where the property is purchased from an ordinary private seller outside the consumer framework, the dispute may generally fall within the civil courts under the Turkish Code of Obligations.

The exact competent court must be determined according to:

• parties;
• relief requested;
• nature of the claim;
• and whether the dispute concerns a personal claim or a right directly affecting title to the property.

Commercial Transaction

Where the property transaction is commercial for both sides, Commercial Court jurisdiction may need to be considered.

Therefore, simply saying “all defective apartment cases are filed in Consumer Court” would be legally incorrect.

Is Mediation Required Before Filing a Consumer Property Lawsuit?

For many Consumer Court disputes, yes.

Article 73/A of Consumer Protection Law provides that, as a general rule, mandatory mediation must be completed before filing a case in Consumer Court.

However, there are statutory exceptions.

These include disputes falling within the Consumer Arbitration Committee’s jurisdiction and consumer disputes arising from rights in rem over immovable property.

Therefore, the relief requested matters.

A monetary compensation or price-reduction claim and a case directly seeking an outcome concerning title or another right in rem may have different mediation consequences.

The claim should be legally classified before proceedings begin.

Can a Foreign Buyer Apply to the Consumer Arbitration Committee?

If the dispute is a consumer dispute and its monetary value falls below the annual statutory threshold, the Consumer Arbitration Committee may be competent.

For 2026, the Ministry of Trade has announced that consumer disputes with a value below TRY 186,000 fall within the Consumer Arbitration Committee threshold.

Most major defective-property claims will naturally exceed this amount.

Nevertheless, the threshold can be relevant for smaller consumer claims connected with property transactions.

The amount changes annually, so an old threshold should never be relied upon for a new case.

Can a Foreign Buyer File a Case After Leaving Türkiye?

Yes.

Leaving Türkiye does not extinguish rights arising from a property purchase.

A foreign owner living abroad may generally appoint a Turkish lawyer through a properly issued power of attorney and pursue:

• notarial notices;
• mediation;
• evidence preservation;
• compensation claims;
• Consumer Court proceedings;
• civil litigation;
• enforcement proceedings;
• and other property-related remedies.

The precise power-of-attorney procedure depends on the country where the document is issued and applicable authentication rules.

The buyer does not necessarily need to live permanently in Türkiye merely because litigation concerning Turkish property is pending.

What If the Developer Says “The Contract Contains No Guarantee”?

This is not necessarily decisive.

A seller cannot always avoid mandatory liability simply by placing broad exemption language in the agreement.

Under Article 221 of the Turkish Code of Obligations, a liability-exclusion agreement is absolutely invalid where the seller is grossly at fault in delivering defective property.

Consumer law also contains mandatory protections that cannot simply be eliminated through standard contractual clauses.

Additionally, a developer’s advertisements and sales representations may be relevant when determining what qualities were promised.

The entire transaction should therefore be examined rather than one disclaimer clause.

What If the Property Was Sold “As Is”?

An “as is” clause should not automatically be treated as eliminating every possible claim.

If the purchaser knowingly accepted a visible and specifically disclosed defect, the seller may have a strong defence concerning that defect.

Under Article 222 of the Turkish Code of Obligations, a seller is not liable for defects known to the buyer at the time of contracting. The position may also differ for defects the buyer could have identified through adequate inspection, unless the seller expressly guaranteed their absence.

However:

known defect

is different from:

concealed defect.

A seller cannot necessarily disclose one minor issue and then use an “as is” clause to avoid responsibility for a serious undisclosed hidden defect.

Practical Example 1: Apartment Is 20 Square Meters Smaller Than Promised

A foreign buyer purchases an apartment described in the sales contract as having a particular area.

An independent architectural measurement after delivery shows a significant shortfall.

Possible remedies may include:

• compensation;
• price reduction;
• and, in sufficiently serious circumstances, additional contractual remedies.

The buyer should immediately examine:

• how the contract defines the area;
• architectural project;
• title documentation;
• net/gross calculation;
• and whether timely defect notification is required.

Article 244 of the Turkish Code of Obligations specifically contains rules concerning a deficiency in the agreed area of immovable property.

Practical Example 2: Luxury Project Without Promised Swimming Pool

A foreign buyer purchases an apartment after seeing advertisements stating that the project will contain:

• swimming pools;
• tennis courts;
• landscaped gardens;
• children’s facilities;
• and social areas.

The apartment itself is delivered, but the promised facilities are never completed.

The marketing material, contract and approved project should be examined.

Turkish Court of Cassation case law confirms that promised project characteristics and social facilities can form the subject of defective or incomplete-performance disputes and can affect the property’s economic value.

Practical Example 3: Serious Water Leakage Appears One Year Later

The property appeared normal at delivery.

After a period of heavy winter rain, significant water penetration emerges.

A technical report finds that waterproofing was incorrectly installed during construction.

This may constitute a hidden construction defect.

The purchaser should:

• document the damage;
• obtain technical evidence;
• notify the seller promptly;
• avoid destroying evidence;
• and calculate the applicable limitation period.

Waiting several years after discovery can unnecessarily weaken the claim.

Practical Example 4: Seller Concealed Structural Cracks

A private seller paints and covers substantial structural cracks immediately before the sale.

The foreign buyer cannot detect the defect during ordinary inspection.

After purchase, the cracks reappear and an expert determines that they pre-date the transaction.

If deliberate concealment can be proven, the seller may face much greater difficulty relying on ordinary liability exclusions, inspection defences or limitation protections.

Article 221 protects buyers where the seller was grossly at fault in delivering defective property.

Practical Example 5: Developer Delivers Inferior Materials

The technical specification promises:

• premium natural stone;
• branded sanitary products;
• specific windows;
• high-quality kitchen systems.

The delivered apartment instead contains materially cheaper products.

The apartment is not “incomplete” because the products physically exist.

The issue may instead constitute defective performance because the delivered characteristics differ from those promised.

Possible remedies can include:

• replacement;
• repair;
• price reduction;
• or compensation.

Frequently Asked Questions About Defective Property in Türkiye

Can a foreigner sue a Turkish developer for a defective apartment?

Yes. Foreign nationality does not prevent the buyer from pursuing contractual or consumer-law remedies in Türkiye.

Can I return the apartment and get my money back?

Potentially, where the statutory conditions for rescission are satisfied. The seriousness of the defect and proportionality will matter.

Can I keep the property and claim money?

Yes. A price-reduction or diminution-in-value claim is one of the most common remedies.

Can I force the developer to repair defects?

Potentially yes, where free repair is legally appropriate and does not require disproportionate expense.

Can I claim for missing facilities?

Potentially. Promised common areas, facilities and project characteristics can create contractual and consumer-law claims depending on the sales materials and legal classification.

Is a brochure legally relevant?

Yes. Under Consumer Protection Law, advertised characteristics can be relevant in determining whether the purchased property is defective.

What if the apartment is smaller than advertised?

A substantial area discrepancy may create a compensation or price-reduction claim. Notification requirements should be considered immediately.

What if the problem was hidden?

Hidden defects should be notified promptly after discovery, and the applicable limitation period should be checked.

How long do I have to sue?

For consumer sales involving residential or holiday-purpose immovable property, the defective-goods limitation period is generally five years from delivery. Under TBK Article 244, claims concerning defects in a building are generally subject to five years from transfer of ownership and twenty years where the seller is grossly at fault. Different legal claims may involve different periods.

Which court will hear my case?

Consumer Court may be competent where the purchaser is a consumer and the seller acts commercially or professionally. Private and commercial sales can lead to different jurisdictional outcomes.

Is mediation required?

Most ordinary Consumer Court claims require prior mediation, but statutory exceptions exist, including certain disputes arising from rights in rem over immovable property.

What Should a Foreign Buyer Do Immediately After Discovering a Defect?

The first days after discovery can be critical.

The buyer should:

1. Do not immediately repair or destroy the evidence.
2. Photograph and video every defect.
3. Review the sales agreement and technical specifications.
4. Save all advertising materials and brochures.
5. Obtain architectural and municipal documentation where relevant.
6. Consider obtaining an independent technical report.
7. Determine whether the problem is a defect or incomplete performance.
8. Send a legally appropriate written notification to the seller.
9. Determine whether the seller is a professional developer or private individual.
10. Calculate the applicable limitation period immediately.
11. Consider court-based evidence preservation before repairs.
12. Do not sign settlement or waiver documents without understanding them.

A well-documented case is significantly stronger than a claim first raised years after delivery without supporting evidence.

Conclusion: Foreign Buyers Have Strong Legal Remedies Against Defective or Incomplete Property in Türkiye

A foreign national who purchases real estate in Türkiye does not have to accept a property that is materially different from what was promised.

Turkish law provides several important remedies where a house, apartment or villa is defective or incomplete.

Depending on the case, the purchaser may seek:

rescission of the sales agreement,

repayment of the purchase price,

reduction of the sales price,

free repair,

completion of missing works,

compensation for loss in property value,

and

additional damages.

The central issue is first to classify the transaction correctly.

Where an individual foreign buyer purchases property from a professional developer for consumer purposes, Consumer Protection Law No. 6502 may provide extensive protection.

A property may legally be defective not only because of physical construction problems but because it lacks characteristics promised in the sales agreement, advertisements, brochures, internet listings or project presentations.

This is especially important in Turkish residential projects sold through lifestyle marketing.

A buyer may have paid a premium because the developer promised:

• an indoor swimming pool;
• sports courts;
• landscaped green areas;
• parking facilities;
• smart-home technology;
• security;
• children’s facilities;
• or specific construction quality.

If those promises materially influenced the transaction but were not delivered, the dispute should not be reduced to the physical condition of the apartment alone.

The economic value of the entire project may have been affected.

The second major issue is the distinction between defective performance and incomplete performance.

Something that was delivered incorrectly is not necessarily legally identical to something that was never delivered.

Court of Cassation jurisprudence recognises this distinction, and it can affect notification requirements, limitation analysis and the calculation of damages.

Third, foreign buyers should pay particular attention to hidden defects.

Problems such as defective waterproofing, hidden structural damage and concealed construction deficiencies may appear long after delivery.

The fact that the buyer signed a delivery protocol does not necessarily eliminate claims for defects that could not reasonably have been discovered at that time.

However, once a hidden defect becomes apparent, the buyer should notify the seller promptly and preserve evidence.

Fourth, foreign buyers should never overlook limitation periods.

For consumer transactions involving residential or holiday-purpose immovable property, Law No. 6502 generally provides a five-year limitation period from delivery for defect liability.

Under the Turkish Code of Obligations, Article 244 separately provides a five-year period from transfer of ownership for defects in a building, extended to twenty years where the seller is grossly at fault.

However, not every real estate claim is legally classified as a defect claim.

Incomplete performance, non-delivery, fraudulent concealment and other contractual claims may require separate limitation analysis.

For this reason, a buyer should not wait until the fifth year and assume that every claim remains safely available.

Fifth, evidence should be collected before litigation begins.

A strong defective-property case may require:

• the purchase agreement;
• title deed;
• technical specification;
• architectural plans;
• advertisements;
• brochures;
• screenshots;
• correspondence;
• photographs;
• videos;
• handover protocol;
• municipal records;
• and technical expert evidence.

In some cases, a formal evidence-determination procedure before the main lawsuit can be highly valuable, particularly where urgent repairs are necessary and the original defect may disappear once the work is completed.

Finally, the correct court and procedure must be identified.

Consumer Court is generally competent where the transaction qualifies as a consumer transaction.

Other property sales may fall before ordinary civil or, depending on the parties and transaction, commercial courts.

Consumer claims may also be subject to mandatory mediation, although statutory exceptions exist for specified categories, including disputes arising directly from rights in rem over immovable property.

For 2026, consumer disputes below TRY 186,000 fall within the Consumer Arbitration Committee threshold, although most significant defective-property claims will naturally exceed that value.

The practical message for foreign property buyers is therefore clear:

Do not accept the explanation that “this is normal in Türkiye” merely because a developer or seller refuses responsibility.

If the property delivered is materially different from the property promised, Turkish law may provide substantial contractual and statutory remedies.

The transaction, technical condition of the property, advertisements, contract and timing should be reviewed immediately to determine the strongest legal claim.

Legal Basis

The principal Turkish provisions relevant to defective or incomplete property purchased by foreigners include:

Turkish Code of Obligations No. 6098

• Article 219 – Seller’s liability for defects
• Article 221 – Invalidity of liability exclusions where the seller is grossly at fault
• Article 222 – Defects known by the buyer
• Article 223 – Inspection and notification obligation
• Article 225 – Consequences of the seller’s gross fault
• Article 227 – Buyer’s alternative remedies
• Articles 228–229 – Consequences of rescission
• Article 244 – Area deficiency and limitation periods concerning defective buildings
• Article 246 – Application of movable-sale provisions to immovable sales by analogy

Consumer Protection Law No. 6502

• Article 8 – Defective goods
• Article 9 – Liability for defective goods
• Article 10 – Burden of proof
• Article 11 – Consumer’s alternative remedies
• Article 12 – Limitation periods
• Articles 40–46 – Pre-paid residential property sales
• Article 44 – Delivery of pre-paid residential property
• Article 68 – Consumer Arbitration Committees
• Article 73 – Consumer Courts
• Article 73/A – Mandatory mediation and exceptions

Selected Court of Cassation Decisions

Relevant judicial principles can be found, among others, in:

• Court of Cassation 3rd Civil Chamber, E. 2022/7875, K. 2023/476 – distinction and remedies concerning incomplete performance and loss of value in housing projects.
• Court of Cassation 3rd Civil Chamber, E. 2023/5013, K. 2023/3744 – square-meter deficiency and defect-notification issues.
• Court of Cassation 3rd Civil Chamber, E. 2023/5437, K. 2024/3570 – project representations, common areas and promised residential-project characteristics.
• Court of Cassation 13th Civil Chamber, E. 2015/1330, K. 2016/1078 – distinction between defective and incomplete performance.

Disclaimer: This article provides general legal information regarding Turkish real estate, contract and consumer law. It does not constitute legal advice regarding a particular property purchase. Whether a problem constitutes a defect, incomplete performance, non-performance or another contractual breach can materially affect notification obligations, limitation periods, competent courts and available remedies. Each property and contract should therefore be assessed individually.