How to Terminate a Property Purchase Agreement in Turkey and Recover Your Money When Construction Has Not Started (2026 Guide)

Chukavin Pavel · 2026-07-28

In recent years, a growing number of European investors have purchased off-plan commercial and residential properties in Turkey

Unfortunately, an increasing number of these projects face significant delays or complete stagnation of construction works.

Real case we are currently handling

The client signed a purchase agreement for a commercial unit in a new shopping complex in Antalya approximately three years ago. Two final instalments remained. Upon visiting the site in summer 2026, the client discovered that construction had not even begun. According to the contract, the property was due for delivery in December 2026. The plot remains completely empty.

Can the contract be terminated before the contractual delivery date?

Yes. Under the Turkish Code of Obligations, a buyer is entitled to terminate the agreement and demand full repayment of all amounts paid if:

• the developer is in substantial delay;
• it is clear that the project cannot be completed by the contractual deadline;
• construction works have effectively not commenced for a prolonged period.

In the present case, it was already evident in July 2026 that delivery by December 2026 was impossible. This creates a strong legal position for the buyer.

Step-by-step action plan

Step 1. Document the current state of the site

Take detailed photographs and videos of the empty plot, preferably with date and location data. This evidence is critical.

Step 2. Send a formal notarial notice (ihtarname)

This is a mandatory pre-litigation step. The notice should:

• demand termination of the contract;
• demand full repayment of all sums paid;
• set a reasonable deadline (usually 15–30 days);
• state that court proceedings will be initiated in the event of non-compliance.

Step 3. Review the contract carefully

Key points to examine:

• delivery deadlines;
• penalty clauses;
• unilateral termination rights;
• repayment conditions.

Step 4. File a lawsuit if necessary

If the developer fails to respond or refuses to refund, a claim for termination of the agreement, repayment of funds, contractual penalties and statutory interest should be filed.

Recoverable amounts

• all payments made under the contract;
• contractual penalties (if provided for in the agreement);
• statutory interest;
• legal costs and representation fees.

Important risk in 2026

Due to the ongoing difficulties in the Turkish construction sector, many developers are under financial pressure. If the company enters concordato (debt restructuring) proceedings, recovery of funds may become significantly more difficult. Early legal action is therefore essential.

Conclusion

If construction has not started and the delivery date is approaching, do not wait until the contractual deadline. The earlier a formal notice is served and the situation is properly documented, the higher the chances of recovering your investment in full.