Sale Promise Contract in 7 Questions!

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The immovable sale promise contract is signed between the buyer and the seller for the sale of apartments that have not yet been deeded. After the signing of this contract and the receipt of the immovable title, the title transfer process takes place officially between the buyer and the seller.

The rights and responsibilities of the parties under the contract include information such as the amount of the immovable and the payment method and the date of the title deed.


1- How is the promise agreement made?

This real estate sales promise agreement between the contractor and the buyer must be prepared in accordance with the conditions of the form in order to be valid.

Notaries are authorized to organize the "Real Estate Sales Promise Contract". The notarial sales promise agreement is valid for official transactions. Otherwise the contract is invalid. The seller then does not advocate the invalidity of the contract as against the consumer.


2- How much is sales promise agreement stamp tax for 2017?

The sale tax on real estate sales promise tax was nullified by the decision of the Council of Ministers on 15 March 2017 in the Official Gazette. For these papers, 9,48 stamp tax was collected.

Stamp tax-free contracts

(14) Officially agreed construction contracts or revenue sharing construction contracts,

(15) Constructive undertaking agreements between construction contractors and subcontractors within the scope of construction contracts, which are officially organized or sharing revenue,

(16) Consultation service contracts for floor or revenue sharing construction works,

(17) Building inspection service contracts.


3. How about the title promise of the sales promise agreement?

The sales promise contract should be annotated in title. The commentary can continue for five years. After five years, he has no judgment and can suggest it.

The sale promise contract can be annotated to the title with the request of one of the parties. The sale of a property on an immovable property, the sale of the immovable, mortgage on it, does not prevent the establishment of the same and personal rights. However, he accepts the promise of new rights-holder sales, and is in a state of indebtedness.

4. Can the sales promise contract be canceled?

The cancellation of the sales promise contract can also be a concern. First, the promise is fulfilled or the contract ends with a termination.

The sale is realized by paying the promised immovable price according to the promise contract and by promising the ownership of the contractual property. According to the procedure, the contract, which is held in the notary public, is valid for as long as it is not canceled.

Another cancellation method is in accordance with Article 106 of the Code of Obligations, if one party fails to fulfill its obligations and the other party issues notice of termination. If the contract is not terminated, the party may demand that the counterparty fulfill its obligations and the fulfillment of the amount of loss and obligations arising therefrom.

5- Do I have the right to withdraw from the sales promise agreement?

Provision of payment of compensation in case of withdrawal from the contract of sale promises The time in the Obligation Act is not disjointed but completely criminal. The buyer wishes that the promise is fulfilled, and that the language penalty is paid. The seller is not getting rid of his obligations by paying the penalty.

6- What is the validity period of the sales promise contract?

On the immovable, the commentary can continue for five years. After five years, there is no provision, and you can suggest it to yourself. However, if the sale of the sale of the property over the immovable property has exceeded the period of 5 years and the sale has not been made to the beneficiary of the sale, the sale of the immovable property on the request of the owner of the immovable property will be abandoned with the reservation of the immovable without consulting the beneficiary. The promise of sale as the leave the commentary must be notified to the beneficiary.

7. What should be considered in the sales promise contract?

– Housing sales promises are a preliminary contract; real estate property directly.

– It is obligatory to make housing promises in the presence of a notary public.

– The promise of housing sales promise; it must include an explicitly definite property.

– There is no obligation of the seller who promises to sell the house to own the house.

– The sale promise does not give the buyer the right to open cases of eviction and prevention of intervention.

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