REAL ESTATE SALES AND COMMISSION AGREEMENT

Protocol Information

• Protocol No: ……………………

• Agency Code: ……………………

• Province/District/Neighborhood: ……………………

• Island/Sheet/Parcel: ……………………

• Apartment Name: ……………………

• Door/Floor Number: ……………………

Parties

This agreement is entered into between the Property Owner (Seller) ………………………………. and the Customer (Buyer) ………………………………., under the following terms and conditions

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Article 1 – Sale Price

The seller agrees to sell the property subject to this agreement …… TL/EUR/USD (in words ………………………) , and the buyer agrees to purchase it for the same price.

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Article 2 – Deposit

The buyer has paid a deposit of …… TL/EUR/USD (in words ………………………) as a down payment towards the sale price .

• The deposit is non-refundable if the buyer cancels the order.

• If the seller cancels the contract, double the deposit will be refunded (Turkish Code of Obligations, Article 178).

📌 Supreme Court 14th Civil Chamber, Case No. 2015/5642 E., Decision No. 2016/7891 K.: If the seller withdraws from the contract, they must return the deposit plus pay compensation of the same amount.

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Article 3 – Method of Payment

The remaining sale price will be paid as follows:

• ……… TL/EUR/USD cash,

• The remainder will be paid in ……… monthly installments, with each installment in ……… TL/EUR/USD.

If installments are not paid on time, default interest will be applied (Turkish Code of Obligations, Article 120).

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Article 4 – Commission Fee

The buyer and seller agree to pay ……………… Real Estate Consultancy a commission of % … of the sale price upon completion of the sale

It has been agreed that if either party withdraws from the sale, both parties are obligated to pay the commission fee.

📌 Supreme Court 13th Civil Chamber, Case No. 2017/6548 E., Decision No. 2019/3456 K.: In sales facilitated by a real estate agent, a commission fee arises; liability arises if the sale does not take place or if one party withdraws from the transaction.

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Article 5 – Obligations of the Parties

• The seller is obligated to ensure there are no encumbrances on the property's title deed, and to inform the buyer if there are any.

• The buyer will fulfill their obligation in accordance with the payment schedule.

• The parties agree not to raise any objections to the commission charged by the agent who brokered the contract.

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Article 6 – Withdrawal and Compensation

The party withdrawing from the sale is liable to compensate the other party for any direct damages incurred, as well as the real estate agent's commission.

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Article 7 – Resolution of Disputes

In case of disputes arising from this agreement, the Courts and Enforcement Offices of …… shall have jurisdiction.

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Regulation and Enforcement

This agreement was signed by the parties on …/…/… in … copies, and one copy was given to each party.

Buyer (Signature)
Seller (Signature)

                                                   YAĞMUR YORULMAZ, LAW FACULTY STUDENT