Precedent Decision from the Supreme Court: The Title Deed of a Bona Fide Buyer is Protected in the Construction of a Floor

Precedent Decision from the Supreme Court: The Title Deed of a Bona Fide Buyer is Protected in the Construction of a Floor The Supreme Court of Cassation has made a precedent-setting principle decision regarding construction contracts in exchange for floors. According to this decision dated May 16, 2025, the title deeds of third parties who have purchased independent parts from the contractor and have good intentions will now be protected. Evaluating the decision, Dokuz September University Faculty of Law, Department of Civil Law Faculty Member Prof. Dr. Serkan Ayan stated that a problem that is frequently encountered in the construction sector has been solved. In practice, contractors are usually given a period of 36 to 42 months, during which the land owners gradually transfer the Decrees, Ayan stated that the contractors provide financing by selling these decrees to third parties. However, when the construction could not be completed, he reminded that the land owners Decertified the contract and the deeds of these apartments were canceled. According to the new decision of the Court of Cassation, if the people who bought these independent sections did not act together with the contractor and bought them in good faith, these deeds will no longer be canceled. Thus, the land owners will not be able to get back the deeds of Decrees of bona fide third parties who bought apartments from the contractor. Stressing that the decision is binding on all courts, Prof. Dr. Ayan reported that the decision to unify the case law will be published in the Official Gazette. Ayan,"The owners of the land have been thinking ‘Even if I give the deeds, if the construction is not completed, I will take it back’ until Dec. But this is no longer possible," he said. Ayan pointed out that the land owners should act Decently in the new period and said that a guarantee should be obtained before the transfer of the title deed or the completion of the construction should be expected. He stated that economically strong and confident contractors will come to the fore in this process. On the other hand, according to the Consumer Law, it is also mandatory to have insurance in structures with more than 30 independent sections. This is considered an important step in terms of securing buyer rights in the new regulation.

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