KÜHEYLAN HUKUK
Delivery Delay in Prepaid (Model) House Sales: Withdrawal, Return and Compensation Rights 48-month delivery limit, title deed and notary form, guarantee obligation, penalty-free withdrawal cases and delay compensation have been updated as of 2026.
In the sale of a house whose construction has not yet been completed, contracts in which the price is paid fully or partially in cash are subject to Law No. 6502 and the Regulation on Prepaid House Sales. In any case, the house must be delivered within 48 months from the date of the contract; With the 2022 amendment, this period has been increased from 36 months to 48 months. Delivery is the registration of the condominium in the name of the consumer and the transfer of possession suitable for occupancy. If the seller does not fulfill his obligations, delays the delivery, or sells the house to more than one person, the consumer may withdraw from the contract without paying a withdrawal fee. The consumer who continues the contract may request compensation for the damage he suffered due to the delay. Prepaid sales cannot be made without a building permit, and in projects with 30 or more residences, it is mandatory to provide a guarantee before the sale.
1. What is Prepaid Housing Sales?
Prepaid housing sale is a contract in which all or part of the price of a house whose construction is not completed or has not yet started is paid in advance. It is popularly known as model selling. Since the consumer in these contracts often pays high amounts in advance for a house that will be delivered years later, the legislature has introduced strict rules regarding the form of the contract, guarantee and delivery times.
A prepaid housing sales contract cannot be made without obtaining a building permit. The seller must give the preliminary information form to the consumer at least one day before the contract. A deposit, promissory note or similar document cannot be requested without a valid contract; The seller cannot claim lack of form against the consumer.
sales promise agreement It is made in the form of an arrangement at the notary and annotated on the title deed protects the consumer against third parties.
Contract content Island, parcel, block, floor, net-gross area, price, payment plan, delivery date, license date and collateral information
installments Only registered promissory notes and separate promissory notes can be issued for each installment.
The delay interest included in the contract is applied in case the consumer delays payment. For the seller's delivery delay, this interest is not applied, but the optional rights and compensation provisions explained below are applied.
The house must be delivered on the date promised in the contract. However, the committed period cannot exceed 48 months from the date of the contract. This upper limit was increased from 36 months to 48 months with the amendment to the regulation published in the Official Gazette dated 4 August 2022 and entered into force on 1 October 2022. The period to be applied for contracts established before the change should be evaluated separately according to the contract date and transition provisions.
Delivery is the registration of the house subject to condominium ownership in the name of the consumer and the transfer of possession in a state suitable for habitation. Giving the key or unoccupied delivery alone does not constitute execution of the contract.
Withdrawal without penalty: If the seller does not fulfill his obligations at all or as required, if the delivery is delayed, or if the house has been sold to more than one person, the consumer can withdraw from the contract without paying a withdrawal fee.
Refund: In case of return, the amounts paid and the documents that put the consumer in debt are refunded within the short period specified in the regulation. The Ministry announced that this refund will be made within 90 days at the latest.
Continuation of the contract and compensation: If the consumer waits for the delivery of the house instead of reneging on the contract, he can demand compensation for the rent paid and similar damages due to delay, in accordance with the provisions of the Turkish Code of Obligations.
Administrative sanction: The Law also provides for administrative fines for residences not delivered on time.
The consumer can withdraw from the contract without penalty within 14 days without giving a reason; The notice of withdrawal is made through a notary. Returning without a reason until the delivery date is subject to certain expenses and compensation deductions. According to the Ministry's announcement, tax and duty expenses and compensation up to 2 percent of the contract price may be deducted.
In projects with 30 or more residences, the seller must provide one of the methods such as building completion insurance, bank guarantee letter, progress payment system or tied loan before starting the sale. Guarantee is the most important assurance that protects the price paid by the consumer in case the project is left unfinished.
If a significant change will be made in the project, the consumer will be notified in writing or via a permanent data recorder. If the consumer does not accept the change, he can withdraw from the contract without making payment within one month. If the change is due to legal obligation or force majeure, it is possible for the seller to make some deductions.
1. Document review Contract, title deed, license, guarantee and payment documents are collected The delivery date is calculated according to the contract date.
2. Notary notification Notification of return or withdrawal is made through a notary. A refund of the paid amounts is requested.
3. Arbitral Tribunal Application if the dispute value is below 186,000 TL (2026) Amounts for prepaid housing are often above this limit
4. Consumer Court Litigation after mediation; Requests regarding the same immovable property, such as title deed registration, are excluded from the mediation requirement. Compensation and restitution can be claimed together
The consumer purchased a house from the model with a sales promise contract drawn up at the notary and paid most of the price. 48 months have passed from the date of the contract, but the house has not been occupied and the title deed has not been transferred. The seller claims that he delivered the key.
Delivery means registration and transfer of habitable possession; Turnkey delivery without settlement is not considered as execution. Since the upper limit of 48 months has been exceeded, the consumer has the right to return without penalty or to compensate for the damage. The consumer may request a refund of the paid amount by making a notification through a notary, or may request delay compensation by requesting delivery and registration. The promise of sale annotation in the title deed provides protection against third parties.
What should I do if the delivery time for the house I bought from a model has expired?
First, the contract and payment documents must be examined, then a written notification must be made through a notary and one of the options of return or continuing with compensation must be determined.
How is the duration calculated if the delivery date is not in the contract?
A maximum of 48 months is taken from the contract date. The committed period cannot exceed this limit.
What happens to the money I paid if the company goes bankrupt?
If there is guarantee, the consumer benefits from the guarantee. Guarantee is mandatory for projects of 30 houses or more. If there is no collateral, the receivable is recorded in the bankruptcy estate.
What happens if the seller prevents the contract from being registered in the land registry?
If the promise of sale is made at the notary, an annotation may be requested on the title deed. If the seller blocks it, a registration case will be brought to the agenda.
If a bank loan is withdrawn, what happens to the loan when it is returned?
Upon return, the seller makes the refund to the credit institution by deducting the deductions, and the institution can pay the remaining amount to the consumer. The terms of the loan agreement should also be examined.
Making payment without checking the title deed registration and sales promise annotation.
Signing a contract for a project that does not have a building permit.
Not obtaining collateral information from the contract.
Not relying on verbal explanations regarding delivery delay and not making notification.
Accepting the new delivery date proposed by the seller in writing and without seeing all the consequences.
Since prepaid housing sales are one of the largest expenses the consumer will make throughout his life, they are contracts in which legal precautions must be taken carefully. Building permit, title deed and notary form, guarantee and 48-month delivery limit are the basic elements of this protection. In case of delay, the consumer can choose between returning without penalty or continuing with compensation.
Küheylan Law Firm provides legal support on contract review in prepaid housing sales, notary notifications, preparation of refund and compensation requests, and conduct of Consumer Arbitration Committee and Consumer Court processes. Taking timely and procedural steps in real estate disputes is the most important element that prevents loss of rights.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Legislation and judicial precedents may change; The concrete circumstances of each event are different. In order to avoid loss of rights, a case-specific legal evaluation must be made in terms of lawsuit, application and objection periods.
KÜHEYLAN HUKUK