Prepaid housing contract, as defined in Article 40 of TKHK, is the contract in which the transfer or delivery of the real estate to the consumer is undertaken after the prepaid or partial payment of the sales price of the real estate for residential purposes. Here, the payment will be made in installments or in cash first, and the delivery of the house will be made later. If the house is being delivered at that time, there will be no prepaid house sales contract. What is meant by the residence is understood to be the independent sections of the condominium registered in the land registry, which are counted in Turkish Civil Code 704, and the sections that have not yet been established. In other words, there are transfers regarding the independent sections of the immovable under construction or the completed property subject to the condominium ownership or the right of condominium servitude established before the establishment of the condominium. These must also be for residential purposes, and if they are not for residential purposes, they are not considered as prepaid housing contracts. In addition, they can form the subject of prepayment housing sales in holiday residences. These may be in question if they are built or are being built on land on which construction servitude has been established, or if construction servitude has been established on them. In order to be able to make a prepaid housing contract, the law requires that the construction license of the buildings be obtained first of all. The mandatory content of the sales contract is regulated in Article 7 of the regulation on the prepaid housing sales contract. It is shown how the content of the contract should be. In TKHK 41/2, how the contract should be made in terms of its form, that is, its validity is regulated. The law has stipulated a form requirement. In this, prepaid housing sales have been registered in the land registry. The pre-registration agreement must be made in official written form at the deed. If a contract regarding the transfer of the right of easement has been made, it must be formally made in the land registry and then registered.
In addition to these, it has been deemed sufficient to make both the promise of sale contracts and the contracts for the transfer of construction servitude at the notary public. The seller will not be able to put forward the contract to the detriment of the consumer unless it is made in accordance with the form.
The consumer may request a refund according to the violation of the ordinary written contract and unjust enrichment. Registration may be requested according to the statement. Although the seller cannot claim violation of the form, the consumer should be able to. Unless a valid contract has been made, the seller cannot ask the consumer to make a payment under any name or to provide any document that puts the consumer in debt. It will be necessary to make an agreement regarding the transfer of construction easement or construction easement made in an official manner. The consumer has the right to withdraw from the prepaid housing sales contract within fourteen days without giving any reason and without paying any penalty. It is sufficient that the notification regarding the use of the right of withdrawal is addressed to the seller within this period. With the exercise of the right of withdrawal, the contractual relationship is eliminated retroactively. The right of withdrawal is the withdrawal of the acceptance declaration according to the prevailing opinion in Swiss law in the sense of technical law. The notification can be made verbally, but if it is made verbally, the proof of the right of withdrawal may be difficult. It is stated in the prepaid housing sales regulation that the notification is sufficient to be made by a notary public. It is a guide. It is said to the consumer that if you do this, your proof becomes easier. Somehow, if the price has been paid, the consumer will return his actions. with consumer acts; Registrations made in an official way, construction servitude and the transfer of the condominium ownership of the immovable will need to be returned. If the actions are not taken, the seller will be able to request that the registration made from the court be done on his own behalf, without legal grounds. At this point, the question of who will pay the fee will arise. The most appropriate way to deal with this problem is to conclude a promise of sale contract. In practice, housing companies wanted to make the contract in plain written form. The consumer is left with only a plain written document. In the event that the immovable is partially or completely purchased with a tied loan, the tied loan agreement enters into force at the end of the right of withdrawal period to be effective on the date of the contract. The housing finance institution will not be able to demand any expense from the consumer under the name of interest, commission, legal liability and similar names within the period of the right of withdrawal.
