KÜHEYLAN HUKUK
Real Estate Sale Promise Agreement and Title Deed Cancellation and Registration Case TMK art. 706 and 716, TBK art. 237 and Notary Law art. Validity in accordance with Article 60, Annotation to the Title Deed, Limitation and Refund in Foreign Sales (2026) Updated as of 2026
A promise to sell contract is a preliminary contract in which the parties undertake to transfer a real estate in the future, and it is only valid when made in the form of a notary arrangement. Annotating the contract to the title deed protects the buyer against subsequent sales and foreclosures; The annotation is effective for five years. If the seller refrains from transferring, the buyer files a lawsuit for title deed cancellation and registration, provided that he has paid or is ready to pay the price. The case is subject to a ten-year statute of limitations; However, if the possession is transferred to the buyer, the statute of limitations may not be heard due to the rule of honesty. In ordinary written "external sales", title deed cannot be requested and the refund of the paid price with its current value is requested.
1. What is a Promise of Sale Contract?
Real estate sales can only be made with an official deed at the land registry office. However, there are many situations in which the parties want to postpone the sale instead of making it immediately: the building has not been built yet, the condominium has not been established, the buyer's loan has not been approved, or the price will be paid in installments. In these cases, the parties sign a promise of sale contract under which they undertake to make the sale in the land registry in the future.
The promise of sale contract alone does not transfer ownership. Ownership only passes through registration in the land registry. The contract gives the buyer the right to ask the seller to transfer the title deed; This right is of a personal nature.
TMK m. 706 and TBK art. In accordance with Article 237, contracts aiming at the transfer of real estate ownership are subject to official form. Notary Law art. Provisions 60 and 89 allow sales promise contracts to be drawn up by notaries. A document whose signature is only approved by a notary is not considered a regulation and does not constitute a valid promise of sale.
A valid contract must clearly include the title deed information of the real estate (island, parcel, independent section), price, payment plan, transfer date and identity information of the parties. In projects under construction, the characteristics of the independent section such as floor, facade, gross and net area must be defined without any hesitation.
Promise of sale contract TMK art. In accordance with Article 1009, an annotation can be made to the land registry. When annotation is given, the right arising from the contract can be asserted against anyone who later acquires rights on the real estate. For example, if the seller sells the real estate to someone else after the annotation or if the real estate is seized, the buyer may request registration despite these transactions.
In accordance with the Land Registry Law, the promise of sale annotation is valid for five years and automatically loses its effect at the end of this period. If the title deed has not been transferred within five years, the buyer must file a lawsuit for title deed cancellation and registration and have a lawsuit annotated before this period expires.
Can title deed transfer be requested? Yes, with title deed cancellation and registration case No, the contract is invalid
If the seller sells to someone else If there is an annotation, it can also be asserted against the next buyer. Only a refund of the price paid is requested.
price paid It is the subject of the registration request Refund at its current value in accordance with the provisions of unjust enrichment
If the seller refrains from transferring the title deed despite the contract, the buyer is subject to TCC Art. In accordance with Article 716, he may request the court to order the transfer of ownership to him. For this, the buyer must have fulfilled his own obligation. If part of the fee is not paid, the court gives time for the remaining amount to be deposited and makes the registration decision conditional on this condition.
As a rule, the case is filed in the Civil Court of First Instance and the court where the real estate is located has absolute authority. In cases where the buyer purchases the house for his personal needs and the seller acts within the scope of commercial activity, the dispute qualifies as a consumer transaction and the Consumer Court is competent. It is mandatory to apply to a mediator before filing a lawsuit in consumer disputes.
Registration request arising from the sales promise contract, TBK art. It is subject to a ten-year statute of limitations in accordance with Article 146. The period starts from the performance date specified in the contract. However, according to the established practice of the Supreme Court, if the possession of the immovable property has been transferred to the buyer and the buyer has started to use the immovable property, it is considered against the rule of honesty for the seller to claim the statute of limitations. In this case, a registration decision can be made even if ten years have passed.
The debt arising from the sales promise contract passes to the heirs of the seller upon his death. The buyer files a title deed cancellation and registration lawsuit against the seller's heirs. If a lien has been placed on the real estate by the seller's creditors, it is decisive whether the contract was annotated to the title deed before the lien. If there is an annotation, the buyer may also request the removal of the lien; If there is no annotation, it becomes very difficult to prevent seizure.
In practice, especially in shared lands and village settlements, it is often seen that the sale is made with an ordinary written document or in the presence of a witness instead of a notary. These "external sales" are void and title deed transfer cannot be requested. The buyer may request a refund of the price paid in accordance with the provisions of unjust enrichment.
In accordance with the decision of the Supreme Court of Appeals Unification Board dated 30.09.1988 and numbered 1987/2 E., 1988/2 K., the price paid in the invalid sale is updated and refunded according to the principle of compensatory justice, taking into account the loss of value against inflation. In this calculation, the court evaluates the price on the date of sale, the increase in the value of the real estate and general economic indicators together. If the buyer has made additions to the real estate, such as buildings or trees, the cost of these may also be requested.
A buyer purchased a flat in 2014 with a promise of sale contract prepared by a notary, paid the full price and has been living in the flat since 2015. The contract was not annotated in the title deed. The seller died in 2026 and the heirs refuse to transfer.
The contract has been validly concluded and the buyer has fully performed his duty. Even though the ten-year period has passed, since the possession has been transferred to the buyer, the limitation period of the heirs is considered contrary to the rule of honesty. The buyer can register the flat in his name by filing a title deed cancellation and registration lawsuit against the heirs. While the lawsuit is being filed, an interim injunction should be requested to prevent the sale of the real estate by the heirs to third parties.
Does a notary sales promise agreement replace the title deed?
No. The contract does not transfer ownership; It gives the buyer the right to request title deed transfer. Ownership can only be transferred by registration in the land registry or by court decision.
The seller sold the property to someone else. Have my rights been completely lost?
If the contract has been annotated in the title deed, registration may also be requested against the new buyer. If there is no annotation, compensation is sought unless it can be proven that the second buyer is in bad faith.
Can a sales promise be made for a flat on a land where no floor easement has been established?
It can be done; However, the independent section must be clearly defined in the contract. Protective provisions should be included in the contract against project changes.
What sanctions are applied to the party who reneges on the sales promise contract?
If withdrawal compensation or a penalty clause is agreed in the contract, this amount may be requested. In addition, the buyer can file a lawsuit demanding registration and the seller can file a lawsuit demanding payment of the price.
Not to have the contract prepared by a notary public only with signature approval.
Being left unprotected against subsequent sales and foreclosures by not having the contract annotated in the title deed.
Not waiting for the five-year annotation period to expire and not having a lawsuit annotation filed.
Not depositing the remaining amount within the period given by the court.
To demand only the nominal amount of the price paid in external sales and not to invoke the principle of compensatory justice.
Promise of sale contract is a practical tool that saves time in buying and selling real estate; However, its protective effect depends on its correct establishment and annotation on the title deed. In external sales that do not comply with the form, the buyer loses his right to title deed and can only request the return of the price at its current value.
Küheylan Law Firm ensures the legal security of real estate transactions by supporting buyers and sellers, from the preparation of sales promise contracts and their annotation to the title deed, to the title deed cancellation and registration cases to be filed in case the seller refrains, and to refund requests in external sales.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Legislation and Supreme Court practice may change over time; The unique circumstances of each dispute require a separate legal assessment. Küheylan Law Firm cannot be held responsible for the consequences that may arise from transactions based on this text.
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