Buyer Questions for an Eviction Undertaking
1. Where is the original undertaking?
Do not begin and end with a messaging-app scan. Ask where the original is held, who controls it and whether it can be inspected before a major financial commitment. Review pages, signatures and alterations and record custody. If the original is missing, classify that honestly as an evidentiary gap requiring legal assessment.
2. Can post-delivery execution be proved?
Article 352 of the Turkish Code of Obligations makes chronology central. Request the lease, key handover evidence, commencement of actual use, first rent payment and communications surrounding signature. The question is not merely what date is printed; it is what independent facts support the sequence.
3. Who signed and in what capacity?
Match the name to the lease, identification and actual occupant. Where there are multiple tenants, a corporate tenant or a representative, obtain the relevant authority and understand whether the undertaking addresses every person material to the possession plan. Do not assume one signature resolves all occupancy.
4. What exactly is the promised vacate date?
The buyer should be able to identify the date without interpretation. Ask about handwritten changes, later agreements, extensions or messages that may alter the picture. If the date has already passed, move immediately to the procedural question: what was filed and when?
5. Was action taken within the relevant period?
TBK 352 connects the route to enforcement or litigation within one month from the promised date. Ask for the filing or enforcement evidence, file number and date rather than accepting “we sued.” Buyer’s counsel should independently check timing and route, particularly close to closing.
6. Is the signature, date or chronology disputed?
Ask about denial, mediation, notices, enforcement, lawsuits and appeals and obtain shareable documents. A dispute does not automatically make the property unacceptable, but it changes possession timing, cost, bargaining and legal risk and must be priced consciously.
7. Does the price assume vacant possession?
Require the seller to state whether pricing and payment terms assume the tenant will leave. If vacancy is essential, it should be reflected in the transaction structure and evidence, not left as sales conversation. Compare the property value if the tenancy continues.
8. What happens if the tenant does not leave?
Build a fallback scenario. Who controls and pays for proceedings? Can the buyer accept rental income meanwhile? Would delay disrupt financing, personal occupation or renovation? This question exposes hidden dependence on an outcome that is not guaranteed.
9. What tenancy file will be handed over at title transfer?
The package should include the lease, original undertaking or best authenticated version, payment ledger, deposit record, notices, material correspondence and any mediation, enforcement or litigation file. Use a signed handover checklist so evidence is not lost with ownership change.
10. Who independently reviewed the legal file?
If the acquisition decision depends on the undertaking, obtain Turkish legal review covering facts, timing, current proceeding and alternatives. A broker or seller should not be treated as providing a legal guarantee they cannot give.
Turning answers into a decision
Mark every answer as verified, missing, disputed or requiring legal advice. Do not let many positive answers obscure one decisive defect. A missing original, unprovable chronology or expired procedural window can change the purchase decision even where the rest of the file is orderly.