Law Articles

Notice Regarding the Request for Completion of Incomplete Works in a Construction Contract Based on Land Share

PINK SLIP

ISSUED BY: [Name and Surname] – (Turkish Republic Identity Number: …) – [Address]

ATTORNEY: [Attorney's Name and Surname] – [Address] – [Tel]

RECIPIENT: [Name and Surname] – [Address]

SUBJECT: Request for rectification of deficiencies in the construction and sale agreement for an apartment, dated …/…/… and numbered …, issued by [Notary Name] Notary Office.

EXPLANATIONS:

  1. A construction and sale agreement has been made between you and my client, registered at [Notary Name] Notary Public, dated …/…/… and numbered …, for the construction and sale of an apartment in exchange for a building. According to this agreement, my client [Person Name] is to receive independent unit number three on the first floor of Block B (Entrance), and [Person Name] is to receive independent unit number four on the second floor of Block C (Entrance). In section x of the agreement, the technical specifications, clause y explicitly states that "elevator installations will be provided in Blocks A and B (Entrances).".
  2. However, it has been noticed that despite the fact that the project was initiated by you and an elevator was indicated in the plan, no space was allocated for any elevator installation. Due to this deficiency, a request for evidence gathering was made by the [Court Name] Civil Court of Peace with decision number …/… D. İş, …/… K., and an expert examination was carried out by the court panel. According to the expert report, "as a result of the on-site inspection, it has been concluded that it is not possible to construct an elevator in the building in its current state and at this level; this substantiates the aforementioned concern. If an elevator system can be installed in the building's current state, it will require modifications to the architectural, structural, and electrical projects, and a separate elevator project will also need to be prepared.".
  3. Since the date the contract was signed, my client has suffered significant hardship due to your failure to complete the project. If the property is completed in its current state, it is undeniable that major disruptions and breaches of contract will occur. In particular, the difficulty of access for elderly and disabled individuals has reduced the quality of life in the building and severely limited their participation in social life. My client has sent you a formal notice to rectify this situation.
  4. According to this notice, if the deficiencies related to the elevator installation are not rectified, my client will terminate the contract and pursue legal action for the material and moral damages incurred during this process. In this context, you are given 10 days from the date of receipt of this notice to complete the project modifications and install the elevator in accordance with the contract. Otherwise, my client reserves the right to initiate all legal proceedings, including claims for damages.

Dear Notary;

Upon my request and statement, I request that one copy of this notice be delivered to the addressee via PTT (Turkish Post Office), one copy be kept in your office file, and one copy be given to me. …/…/…

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