English and Turkish Floor Plans Differ in a Turkish Property Sale
| Issue | English and Turkish Floor Plans Differ in a Turkish Property Sale |
|---|---|
| First record to obtain | Both language versions of the plan |
| Possible objective | A reasoned claim addressing the actual discrepancy and resulting loss |
| Critical caution | Do not label a translation discrepancy as deliberate fraud without evidence of knowledge and intent. |
What needs to be established
Identify which plan was incorporated into the agreement and who supplied the English version.
A general clause giving one language priority does not answer every question about pre-contractual representations.
Show how the discrepancy affected the decision to buy and the property's actual usefulness.
Keep all plan versions instead of retaining only the most favourable one.
Applying the distinction to the documents
Prepare a two-column comparison using the same room labels and measurements in each language. A missing balcony enclosure, extra bedroom or different access route should be described precisely. The controlling-language clause must be read together with the representations actually made; it should not be assumed either to cure every misleading statement or to have no effect at all.
The legal promise and the property record
Under Turkish Code of Obligations (TBK) Article 237, real-estate sales and sale promises are subject to formal requirements. A payment or marketing document should therefore be distinguished from the instrument transferring or promising title. TBK Article 112 addresses loss caused by non-performance or improper performance, subject to its conditions. The appropriate basis may instead involve defect rules, condominium rights or another special provision; the transaction must be classified before a remedy is selected.
Documents and evidence
- The starting record: both language versions of the plan. Keep the complete version, its date and the identity of the issuer. An extract can omit terms that change the legal analysis.
- The comparison record: signed annex list. Preserve its original format and any attachments. Record how it was obtained and which event or promise it supports.
- The corroborating record: approved municipal project. Read it alongside the chronology. Explain any disagreement between records rather than silently replacing the inconvenient version.
If evidence may disappear or become substantially harder to obtain, HMK Article 400 provides an evidence-preservation framework where the legal conditions are met. It is different from deciding the final claim.
Remedies and valuation
The practical objective is a reasoned claim addressing the actual discrepancy and resulting loss. The documents must establish the legal basis for that objective and whether its conditions are satisfied.
Do not label a translation discrepancy as deliberate fraud without evidence of knowledge and intent.
Prepare a separate schedule for each requested sum, showing its date, currency, supporting record and connection to the alleged breach. Deduct payments or benefits already received. Avoid duplicate recovery and distinguish an estimate from an expense actually incurred.
Procedure from abroad
Identify the property, land-registry position, transaction parties and agreed delivery obligation first. Determine whether the matter concerns title, a sale promise, a consumer purchase, condominium relations or a separate service. Forum and any preliminary procedure follow that classification.
- Prepare a dated chronology and identify the parties by their correct legal names.
- Send a precise, supportable notice through a legally appropriate channel; retain proof of its content and delivery.
- Review urgent protection, limitation, representation and the correct forum before agreeing to further delay.
An initial document review can often begin remotely. Formal representation, document certification, translation, inspection and any personal attendance requirement depend on the particular step. An office location does not by itself determine which court has jurisdiction.
Frequently asked questions
What is the central issue in this situation?
A translated brochure showing a different room arrangement can raise a concrete representation dispute. The signed contract, translation history and official project must be compared.
Which document should I obtain first?
Both language versions of the plan. Obtain the complete record and preserve its provenance.
What should I compare with that document?
Signed annex list should be checked against the chronology and the agreed obligation.
Which further evidence may corroborate the account?
Approved municipal project. Its significance depends on what it actually proves.
What legal objective should the initial assessment address?
A reasoned claim addressing the actual discrepancy and resulting loss, subject to the applicable law, evidence and procedural conditions.
Which mistake should I avoid?
Do not label a translation discrepancy as deliberate fraud without evidence of knowledge and intent.
Does the other party’s statement decide the dispute?
No. Compare it with the agreement, authority, contemporaneous records and applicable law; preserve the full statement.
Can I begin while living outside Turkey?
Often the initial assessment can start with documents. Formal authority and any attendance or inspection requirements need separate planning.
Should I preserve evidence before making changes?
Yes where practicable. HMK Article 400 may assist where evidence risks being lost or materially harder to obtain.
Does the first document establish every legal right?
No. Identity, authority, the underlying obligation and the applicable legal conditions must be assessed together.
Does discussing settlement suspend every deadline?
No. Confirm the applicable time limits and legal effect of negotiations before relying on additional time.
What should I send for an initial legal review?
Send both language versions of the plan, signed annex list, approved municipal project, the full correspondence, payment records and a dated chronology. Use a private channel for sensitive material.
Official sources
Related English guides
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Bakırcı & Keskin Hukuk Bürosu
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