THE OFFICIAL GAZETTE HAS PUBLISHED THE REGULATION AUTHORIZING THE SALE OF IMMOVABLES BY THE NOTARY, WITH THE EFFECTIVE DATE SET FOR JANUARY 1, 2023. 30 June 2022
With the "Law on the Amendment of the Law on Judges and Prosecutors and Some Other Legislation" numbered 7413 published in the Official Gazette dated 28 June 2022, a regulation authorizing the sale of real estate to notaries was introduced.
With the regulation made, "making a preliminary contract for the sale of immovable and, if one of the parties demands this contract and pays the fees and expenses, annotating the land registry through the land registry information system, concluding a contract of sale of immovable" was added to the authority of notary publics. |
In terms of immovable sales contracts, the authorization details were regulated with the article 61/A added to the Notary Law No. 1512. According to this, |
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In the new regulation, notary publics are also held responsible for the damages caused by the issuance of the immovable sales contract. In case this damage is paid by the State, the State will recourse to the notary who issued the contract. Lawsuits to be filed against the notary public will be heard in the court of the place where the land registry is located. |
The regulations will be in effect on the day the information system is announced via the Ministry of Justice's official website. This information system will be in place until January 1, 2023, with a six-month extension option given to the discretion of the President. |