Power of attorney in a Turkish property transaction
A power of attorney allows one person to act for another within powers stated or legally incorporated into the instrument. In a property transaction, the critical issue is not whether the document is called “general” or “special”; it is whether the principal, agent, form and operative powers are sufficient for the exact act to be carried out at the land registry or before another authority. A buyer or seller should therefore read the authority clause itself and never rely on a broker's verbal statement that a POA “covers everything”.
Match the principal and agent precisely
Verify the principal's identity, passport or Turkish identification details where applicable, and compare them with the person whose property right is being exercised. Then verify the agent who will appear in the transaction. Spelling differences, changed passports, transliteration from another alphabet and multiple nationalities can create practical identity questions, so resolve them before the appointment. If a company gives the POA, company representation and the authority of the person who executed it require separate review.
Read the powers needed for the specific transaction
Buying, selling, mortgaging, releasing a mortgage, receiving sale proceeds, making declarations, applying for citizenship-related annotations and appointing a substitute are not necessarily the same authority. The instrument should support the acts the agent will actually perform. If the agent is expected to agree a price, sign a preliminary contract, collect money, accept encumbrances or make an undertaking, check that the wording is suitable. Narrow authority can reduce risk when the agent only needs to complete a defined acquisition; broad financial powers should not be granted merely for convenience.
Foreign-issued powers of attorney have formal requirements
TKGM's foreign-buyer transaction guide explains that powers issued by Turkish consulates and, subject to conditions, competent foreign authorities can be used in Turkish land-registry transactions. For a POA issued by a foreign notary, TKGM guidance requires attention to the issuing country's language, the principal's photograph and seal, the apostille or consular-legalisation route depending on the country, the inclusion of authority for the requested transaction, and a notarised Turkish translation. The Hague Apostille Convention affects authentication, but an apostille does not expand the substantive powers written in the document.
Check whether the POA is current
A document that was valid when signed may later be revoked or superseded. Ask whether the principal has issued a revocation or a newer instrument and whether the agent's authority is affected by death, incapacity or another legal event under the applicable law. When a POA has previously been used as the basis of a Turkish land-registry transaction and uploaded with electronic signature/time stamp into TAKBİS, TKGM procedures may allow another directorate to verify the electronically stored instrument. That system verification is useful, but the new transaction still needs to fall within the instrument's powers.
Keep representation separate from ownership and payment
A valid POA proves authority to represent the principal; it does not prove the principal owns the property, that title is free of restrictions or that an account controlled by the agent is a safe beneficiary for the sale price. A buyer must still verify the registered owner and current encumbrances. If the agent is authorised to receive money, that power should be explicit enough for the payment plan, and the bank beneficiary should be documented. If the agent is not authorised to receive funds, payment should follow the seller's verified instructions rather than the agent's convenience.
Control conflicts and self-dealing
Extra care is needed when one person represents both sides, buys from the principal personally, appoints a substitute, or has a commercial interest in the property. The POA must support the legal structure, and an independent adviser should review conflict risks. An estate agent's marketing mandate is not the same as a notarised power to dispose of title. Likewise, access to Web Tapu or permission to view records does not automatically create power to sign a sale.
Build a closing file that proves authority
Keep the original or officially acceptable copy, apostille/legalisation, Turkish translation, identity evidence, any revocation check and the land-registry documents showing how the POA was used. On closing day, re-read the property and transaction shown in the official process and confirm they are within the mandate. A strong POA file should make it possible to establish: who authorised whom, when, in what form, for which property acts, and whether that authority remained valid when the transaction was completed.