The New system places a lot of responsibility on notaries

A new period in title deed sales began on July 4. From now on, home buying and selling transactions can also be done as a notary. Notaries will check all the information about the property to be sold.

Evaluating the new application, EVA Real Estate Appraisal General Manager Cancel Turgut Yazıcı stated that the system will bring great responsibility to notaries in many respects with being seen as very logical and simple.

A new era in real estate sales began on July 4. In addition to the Land Registry Directorates, notaries will also be authorized in sales contracts.  In addition to housing, all immovable properties such as offices, shops, land, and fields can be bought and sold at notaries.

The System Brings Great Responsibility to Notaries

Evaluating the new application, Cansel Turgut Yazıcı, General Manager of EVA Real Estate Appraisal, said, “The system that the Ministry of Justice and the Union of Notaries of Turkey have been preparing for a long time for all immovable sales to be made in notaries has been put into practice. The person who wants to sell his property will apply by choosing the notary he wants to make transactions through the E-Application system on the website of the Union of Notaries of Turkey. When this system enables transactions from anywhere in the country, it will bring great convenience to the citizen. The process can begin after the acceptance of the system to which the applicant is entitled. After the application, the notary needs to examine the land registry and allow the sale.

With this transaction, the land registry office transfers its greatest authority regarding the transfer of property to the notaries or takes the notaries as partners in this effect. Although the system is logical and simple and will provide additional income to notaries, it brings great responsibility to them in many respects.”

Notaries can be held responsible for their actions by law.

Turgut Yazıcı, who explained the points to be considered about the responsibility taken by the notaries, said, “According to the Law on Fees, the title deed purchase and sale fee must be paid to the state over the real estate tax value, not less than the declared transfer and acquisition price of the real estate. Due to the high fees on the purchase and sale values, it is mostly invested only in the property tax value in our country. Since notaries will be held liable by law for the transaction they perform, transactions that are not made at face value can put notaries in great financial liability.

Selling from a notary without a valuation report should not be accepted by notaries. On the other hand, in cases they encounter related to title deed cancellations and similar cases, notaries will also be parties to these transactions. Land registry officers are personally responsible for the wrongness of all their transactions with their own assets, in which case this responsibility will also pass to the notaries. If not, who will be responsible is a very important point.”


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