The notarised promise-of-sale contract: when you need it and what to put in it

In short

A promise-of-sale contract (Satış Vaadi Sözleşmesi) obliges the seller to transfer ownership later, and it is only valid if notarised. It is mostly used for off-plan purchases and instalment deals, and it can be registered as a şerh (annotation) on the tapu (land registry) record to protect you against the property being sold to someone else. In pre-sales of homes, a consumer buyer may withdraw within 14 days without giving a reason. Include the unit description, price, payment schedule, delivery date and delay clause, and ask for the şerh to be registered.

Written by Abdulhadi Bukhari, Real estate consultant

Last reviewed October 7, 2026

When you buy off-plan, there is no title deed for your flat yet. So how do you prove your right and protect what you have paid? The answer is usually a notarised promise-of-sale contract. In this guide we explain when you need it, how it protects you and what it must contain.

What is a promise-of-sale contract?

A contract in which the seller undertakes to transfer ownership of a specific property to you at a later date, in return for a price you pay according to a schedule. It is used for:

Off-plan purchases before a title deed exists for the unit. See the guide to buying off-plan.
Instalment sales where the deed is transferred once payment is complete.
Citizenship files for properties under construction, under special conditions. See the guide to citizenship file mistakes.

Why must it be done at a notary?

Turkish law requires promises to sell real estate to be made in official form. A contract signed at the developer’s office, or only between the two parties, does not give you the right to demand the transfer of ownership, even if you have paid the full price.

The şerh on the tapu record

Once the contract is notarised, ask for it to be registered as a şerh (annotation) on the record of the property or the land:

Your right is visible to anyone who consults the record.
It protects you against the unit being sold to someone else or mortgaged without your knowledge.
The şerh has a validity period set by law at five years, so be careful if the project drags on.

Protections for pre-sales of homes

If you buy a home as a consumer before it is delivered, the Regulation on Pre-Sales of Homes applies:

Pre-contract information form: you must receive it at least one day before the contract.
Right of withdrawal: 14 days from the contract, without giving a reason and without penalty, by notice served through a notary.
Right of termination: within a set period before delivery, in return for limited compensation to the seller.

Key clauses in the contract

Unit description: the project, building, floor, number, and net and gross area. See the guide to net and gross area.
Price and currency and the payment schedule. See the guide to developer instalment plans.
Delivery date and what happens in case of delay: a clear daily or monthly penalty.
Specifications: an annex covering finishes and facilities.
Date of transfer of the deed and its conditions.
A request to register the şerh at the tapu.

Costs and procedure

Notary fees and taxes are calculated on the contract value. Ask for the exact amount before the appointment.
If you do not speak Turkish, the appointment is attended by a sworn translator. See the guide to sworn translators.
Keep a translated copy of the contract.

Summary

The promise-of-sale contract is your deed before the deed. Have it notarised, register it as a şerh at the tapu, and state the unit, price, delivery and delay clause clearly. And in pre-sales of homes, remember that you have 14 days to withdraw.

We review developers’ contracts with our clients before signing. Contact us, or browse projects under construction.