Source Freshness Review — Seller Identity and Authority
Seller identity and authority are not static facts merely because a listing bears a name or the seller produced an old title deed. In a property transaction, the file must establish that the person or entity offering the sale is the current registered right holder or a properly authorized representative, and that the authority to dispose of the property continues on the decision date. The Turkish Land Registry Regulation requires the office to determine whether the applicant is the right holder, compare an individual applicant with the identity information supporting registration, and apply specific rules to agents, legal entities and legal representatives.
Start with the current land-register position
Obtain a current registry record for the exact immovable property rather than relying solely on an old title certificate or historic purchase contract. Record the registered owner, ownership share and restrictions relevant to disposition. If several people own shares, one seller’s identity does not create authority over the others. If the registered name or identifying data differs from current documents, the change must be connected through official evidence before the identity chain is treated as complete.
Match a natural-person seller to acceptable identification
For an individual seller, reconcile the accepted identity card or passport with the registered right-holder data. TKGM states that identity cards and passports are used for right-holder identification and explains that Turkish translation of a foreign passport or national identity document may be requested when a non-Latin alphabet is used, while Latin-alphabet documents are treated differently under its guidance. TKGM has also introduced the Electronic Identity Verification System, EKDS, to strengthen identity verification in land-registry transactions. Electronic verification improves assurance but does not eliminate the need to match the person to the ownership record and legal role.
Separate ownership from representation
The registered seller may be one person while the person negotiating or signing is an attorney, guardian, corporate representative or other legal representative. The file must prove two different propositions: who owns the right and why the person appearing has authority to dispose of it. The Land Registry Regulation requires an appropriate power of attorney for agency, a decision or document for a legal representative and, for a legal entity, an authority document showing that the entity can perform the requested transaction and identifying its representatives together with relevant signature evidence.
Refresh corporate or representative authority
If the owner is a company or another legal entity, a business card, company email or informal internal delegation is not enough. Review the current authority certificate, representative capacity and signature arrangement for the specific act. A change of director, authorized signatory, signing method, company status or scope of authority can make an earlier correct document stale. Where a guardian, custodian or other legal representative acts, confirm that the underlying decision remains operative and determine whether it contains transaction-specific limits or further approval requirements.
Treat identity discrepancies as substantive
Differences in name, identity number, birth date, citizenship, passport spelling or transliteration should not be smoothed over manually. The difference may reflect a legitimate name change, transliteration convention or historic registry error, but it still needs an official bridge showing that the records concern the same person. TKGM publishes rules for correcting identity information in the land register. The reviewer should distinguish an explainable and documented discrepancy from an identity that is still unresolved.
Identify events that make sources stale
A sale, inheritance, court decision, registry correction, corporate change, death, loss of capacity, termination of a power of attorney or replacement of a representative can all invalidate an earlier seller-authority conclusion. Refresh the file whenever there is a change signal, before a material payment, and close to title transfer when time has passed. An official document can still be stale if it describes a status that no longer exists.
Do not substitute marketing evidence for legal authority
A listing agent, broker or property manager may know the seller but does not prove ownership or authority. Possession of keys, utility bills or collection of rent can indicate a relationship with the property but are not substitutes for the land register and representation documents. Treat them as supporting context only. They should never be the basis for releasing the purchase price.
Freshness standard
Seller-identity and authority sources are sufficiently fresh when the current register establishes the right holder, reliable identification matches that holder, any representation chain is complete and current for the disposition, and data discrepancies have been resolved through official evidence. The file should record the date, source and document version for every material verification so another reviewer can reproduce the conclusion.
Official sources
- TKGM — Tapu Sicili Tüzüğü, articles 18 and 19.
- TKGM — Documents required for sale transactions.
- TKGM — FAQ on identity documents and passport translation.
- TKGM — Electronic Identity Verification System (EKDS).
- TKGM — Circular 2016/2 on registry corrections.