Why the label “deposit” is not enough
Property transactions use terms such as reservation fee, deposit, kapora and rezervasyon bedeli in a broad commercial sense, but the legal effect depends on the agreement rather than the marketing label alone. Article 177 of Turkish Code of Obligations No. 6098 regulates bağlanma parası. As a general rule, money given when the contract is made is treated as evidence that the contract was concluded rather than as withdrawal money, unless the parties or local custom provide otherwise; absent a contrary arrangement it is credited against the principal obligation. The first due-diligence question is therefore what the parties actually agreed.
Start with the agreement that created the payment obligation
Obtain the reservation form, contract or accepted offer that states the deposit. Confirm the property or unit, total price, deposit amount, payment date, recipient and whether the amount is credited toward the purchase price. Cancellation and refund terms should be explicit. Is the amount fully refundable? Are deductions permitted? What happens if the seller cannot produce agreed documents, the unit changes, financing fails under an agreed condition, or a due-diligence condition is not satisfied? A payment receipt alone cannot answer these contractual questions.
Do not assume every kapora means “walk away and lose the money”
Article 177 should be read separately from Article 178, which addresses cayma parası, or withdrawal money. If the parties intend a payment to create a specific withdrawal mechanism, that intention should be clear in the agreement. The word kapora in a sales message does not by itself establish the precise legal consequence. Where the payment is substantial or the wording is ambiguous, Turkish legal review before payment is prudent.
Verify the recipient and its authority to collect
If a company owns the property, determine whether the beneficiary is that company or an authorised collection agent. If funds are requested by a broker, employee, marketing company or group affiliate, obtain the legal basis showing that receipt by that party counts as payment for the seller and will be credited against the price. Sending a reservation deposit to a personal account without a documented basis creates two risks: loss of the funds and a later dispute over whether the seller received them at all.
Reconcile the bank evidence with the agreement
The payment trail should show amount, currency, date, payer, beneficiary and a reference that links the transfer to the unit or contract. If the bank narrative is generic, keep an official receipt or written confirmation from the recipient identifying the purpose. Preserve the original or verifiable transfer record. A message saying “deposit received” is useful correspondence, but it is not a substitute for the contract and banking evidence.
Exceptions that should remain open
Open an exception if the contractual deposit differs from the amount paid, if the beneficiary differs without authority, if a refund policy appears only in advertising but not the signed terms, or if language versions contain conflicting conditions. Payment should also be paused where a “non-refundable” deposit is demanded before the unit is precisely identified or before the seller provides a key document that the buyer expressly made a condition of the reservation.
Separate reservation from the final property disposition
A reservation payment does not automatically mean every requirement for selling or transferring real estate has been satisfied. Determine whether the document is a temporary reservation, a preliminary commercial agreement or part of a broader contractual structure. Do not use the reservation receipt as a substitute for title review, seller-authority checks, final contract review or the later payment schedule. Each document answers a different question.
Document refund or price credit mechanics
The file should state who may request a refund, the account to which money will be returned, timing, bank costs and how the deposit is credited if the transaction proceeds. When money is refunded, retain the return transfer and link it to the original payment. If the deal continues, show the deposit once in the payment schedule and deduct it once from the outstanding balance to avoid double payment.
Official legal basis and limits
The general statutory starting point is Code of Obligations No. 6098, particularly Articles 177 and 178. The result in an individual transaction, however, depends on the contract wording, facts, document form and parties, and other rules may apply. This guide therefore provides a verification framework rather than case-specific legal advice.
Additional questions and context
Is every reservation deposit non-refundable?
No. The agreement must be read; the commercial label alone does not determine the legal effect.
Is a bank receipt enough?
No. It should be tied to an agreement defining the character of the payment, recipient and refund or credit terms.
Can a broker receive the deposit?
Only where the authority to collect and the treatment of the payment for the seller are properly documented.
What is the distinction between bağlanma parası and cayma parası?
Turkish law treats them differently, and the contractual wording matters.
How should a refund be evidenced?
Keep the bank return record linked to the original payment and update the payment schedule and contract status.