Property reservation deposits in Türkiye: know what the payment buys before sending money
A reservation payment can be useful for holding a property for a short period, but it becomes a source of dispute when the buyer pays before the asset is identified, without understanding the recipient’s authority, or on the strength of a phrase such as “all deposits are non-refundable”. There is no sound universal rule giving every advance payment the same legal effect. The agreement, purpose of the payment and applicable law must be read together, and the amount should be linked to a specific property, a defined period and written credit/refund conditions.
Identify the exact property before payment
The reservation document should describe the asset precisely enough to prevent substitution: project or building, block, floor, unit and legal independent-unit number where available, or parcel information for land. If a sales-office code differs from the registered independent-unit number, explain the relationship. Do not pay simply for “a 2+1 apartment in the project” if the seller could later substitute a different floor, orientation, size or price.
Verify the person receiving the money
The registered owner may receive the payment directly, or a developer, broker or representative may be involved. Marketing or negotiation authority does not automatically include authority to receive money for the owner. Identify the legal beneficiary, bank account, basis for receiving the funds and how the payment will be credited to the purchase price. If a broker receives it, the receipt should explain whether the broker holds the funds, passes them to the owner and who carries the refund obligation.
Distinguish the purpose and legal character of the payment
The Turkish Code of Obligations distinguishes concepts including bağlanma parası, associated with evidence of concluding an agreement, and cayma parası, associated with an agreed withdrawal mechanism where its conditions apply. Translating every advance as “deposit” and assuming the same legal consequence is unsafe. The actual wording and agreement require review, so the purpose of the money and the result of withdrawal by each party should be expressed clearly.
Do not accept a universal “10%” or “always non-refundable” rule
Reservation percentages vary by transaction; one percentage is not mandatory for every sale. Similarly, “all deposits are non-refundable” is an unreliable simplification. The money may be refundable in one situation and retained in another depending on the agreement, applicable law and why the transaction stopped. Before payment, state what happens if the buyer withdraws without an agreed condition, if the seller cannot perform, if a specified title problem appears or if an expressly agreed finance condition fails.
Turn due diligence into objective conditions
Instead of writing “subject to satisfactory documents”, name the evidence required: current title information, confirmation of owner, release of a particular mortgage, independent-unit match, a defined building document or finance approval when finance is expressly a condition. Give each item a deadline and state the consequence of non-delivery. A good condition can be shown to have occurred or failed and does not leave the refund dependent on one party’s later interpretation.
Set the reservation period and expiry mechanics
The reservation should have a start and end date and should state whether the seller can accept other offers during that period and when the next agreement or payment becomes due. If the period expires because the seller failed to provide required evidence, the consequence should already be written. Avoid an open-ended reservation that later produces a dispute over which party caused delay.
Use a traceable payment trail
The bank transfer should ideally identify payer, beneficiary, amount, date and the property or agreement reference. Keep the reservation document, bank receipt and any official invoice or receipt. Do not change the beneficiary because of a last-minute message from a new number. If the IBAN changes, verify the instruction independently. A clear money trail is as important when seeking a refund as it is when completing the purchase.
Do not let reservation replace ownership checks
A commercial reservation does not prove that the recipient owns the property, that the title is free of restrictions, that the unit matches the approved project or that ownership can be transferred. Complete fundamental checks before materially increasing the buyer’s exposure. For a foreign buyer, add only the transaction requirements that actually apply, such as relevant banking documentation or DAB; do not automatically import every citizenship requirement into an ordinary purchase.
Document the reason and demand if cancelling
If buyer or seller relies on a cancellation right, follow the notice method required by the agreement and applicable law. Identify the property, agreement, date, ground and amount requested and preserve proof of delivery. If a broker is involved, establish who actually holds the funds and who owes the refund. Telephone calls alone are weak evidence when a deadline or monetary dispute exists.
A good deposit arrangement reduces ambiguity rather than increasing pressure
A sound reservation gives the parties a short, defined period to complete specific steps; it should not pressure the buyer into abandoning due diligence for fear of losing money. The more clearly the property, recipient, purpose, deadline, refund triggers and required evidence are defined, the lower the dispute risk. If a counterparty demands immediate payment while refusing to document these basic elements, pause and verify before transferring funds.