Contract Sample-12
VEHICLE SALES, DELIVERY AND NOTARIZED TRANSFER OF OWNERSHIP AGREEMENT
ARTICLE 1 - PARTIES
1.1. Seller
Name/Title: ……………………………………………..
Turkish Republic Identity Number / Tax Number: ……………………………………………..
Address: ……………………………………………..
Phone: ……………………………………………..
Email: ……………………………………………..
1.2. Recipient
Name/Title: ……………………………………………..
Turkish Republic Identity Number / Tax Number: ……………………………………………..
Address: ……………………………………………..
Phone: ……………………………………………..
Email: ……………………………………………..
The Seller and the Buyer will be referred to collectively “the Parties”, and individually “Party” .
Optional guarantor information:
Name and Surname: ……………………………………………..
Turkish Republic Identity Number: ……………………………………………..
Address: ……………………………………………..
Phone: ……………………………………………..
ARTICLE 2 - SUBJECT OF THE AGREEMENT
The subject of this agreement is the sale of the vehicle, the details of which are written below, to the Buyer within the framework of the determined price and payment schedule, the determination of the actual delivery conditions of the vehicle, the regulation of the notary sales and transfer obligations, and the agreement of the rights and obligations of the parties regarding defects, debts, expenses, responsibilities, defaults, and termination.
ARTICLE 3 - INFORMATION ABOUT THE VEHICLE SUBJECT TO SALE
License Plate Number: ……………………………………………..
Make: ……………………………………………..
Model: ……………………………………………..
Model Year: ……………………………………………..
Type / Version: ……………………………………………..
Color: ……………………………………………..
Chassis Number: ……………………………………………..
Engine Number: ……………………………………………..
Fuel Type: ……………………………………………..
Transmission Type: ……………………………………………..
Mileage: ……………………………………………..
Registered Owner: ……………………………………………..
Is there a lien/attachment/seizure on the vehicle?: ……………………………………………..
Inspection Validity Date: ……………………………………………..
Compulsory Traffic Insurance Expiration Date: ……………………………………………..
Comprehensive Insurance Information (if any): ……………………………………………..
Number of Spare Keys: ……………………………………………..
Documents to be Submitted: ……………………………………………..
ARTICLE 4 - SALES PRICE AND PAYMENT PLAN
4.1. The parties have agreed that the total sale price of the vehicle …………………… TL .
4.2. This fee;
- …………………… TLas upfront payment / deposit / connection fee,
- The remaining …………………… TLwill be paid according to the following installment plan:
Installment Plan
- Installment: ………… TL – Due Date: ……/……/……..
- Installment: ………… TL – Due Date: ……/……/……..
- Installment: ………… TL – Due Date: ……/……/……..
- Installment: ………… TL – Due Date: ……/……/……..
4.3. Payments will be made to the following account:
Bank: ……………………………………………..
IBAN: ……………………………………………..
Account Holder: ……………………………………………..
4.4. For payments made in cash, it is also mandatory to issue a signed receipt.
4.5. Unless otherwise agreed in writing, wire transfer/EFT fees are the responsibility of the sender.
ARTICLE 5 - DEPOSIT / STARTING FEE / CANCELLATION FEE
5.1. The parties shall implement by selecting only one of the following options:
[ ] Option A – Clearance Payment:
The amount paid before the sale serves as proof of the contract's existence and is deducted from the actual sale price.
[ ] Option B – Cancellation Fee:
Either party may withdraw from the contract; in this case, if the party paying the cancellation fee withdraws, they forgo the amount paid, and if the party receiving the cancellation fee withdraws, they return double the amount received.
5.2. Unless a clear choice is made in this regard, the amount given a deposit and is deducted from the sale price. Article 177 of the Turkish Code of Obligations regulates the deposit, while Article 178 regulates the cancellation fee.
ARTICLE 6 - METHOD OF SALE AND TRANSFER
6.1. The parties agree that the formal transfer of vehicle ownership will be carried out at a notary public.
6.2. It is understood by both parties that vehicle sales and transfer transactions not conducted by a notary are invalid. The official sales transaction will be completed at the ………………………….. Notary Office no later than ……/……/……..
6.3. If one of the parties fails to participate in the notarized sale or obstructs the transfer process without a justifiable reason, the other party may rely on breach of contract provisions.
6.4. Notary sales expenses, valuable paper costs, mandatory transfer expenses and other official transaction expenses will be shared as follows:
[ ] Belonging to the buyer
[ ] Belonging to the seller
[ ] Half and half
ARTICLE 7 - VEHICLE DELIVERY
7.1. The vehicle has been/will be delivered to the Buyer on ……/……/…….. at ………. o’clock.
7.2. The following items will also be provided to the Buyer upon delivery:
- License/registration certificate sample
- Spare key
- User manual
- Service maintenance records
- Spare tire / jack / lug wrench
- Mandatory equipment
- Other: ……………………………………………..
7.3. The delivery and receipt reportshall be considered an integral part of this agreement.
ARTICLE 8 - CURRENT CONDITION OF THE VEHICLE AND DECLARATIONS OF DEFECTS
8.1. The Seller has explained to the Buyer, to the best of their knowledge, the current physical, mechanical, and legal condition of the vehicle.
8.2. Known damage, replaced parts, paintwork, major damage history, expert report results, mileage history, engine/transmission malfunctions, electronic malfunctions, and similar issues are also specified below:
…………………………………………………………………….
…………………………………………………………………….
…………………………………………………………………….
8.3. The buyer acknowledges that they are purchasing the vehicle after inspecting and testing it, and if they wish, having it appraised by an expert; and that they are aware of the explicitly stated facts and matters that can be ascertained through ordinary attention.
8.4. The Buyer's legal rights are reserved with respect to defects that the Seller has concealed with gross negligence, made false statements, or fraudulently hidden.
ARTICLE 9 - SELLER'S REPRESENTATIONS AND WARRANTIES
Sales person;
9.1. That you are the owner/authorized dealer of the vehicle on the date of sale,
9.2. The seller confirms that there are no liens, seizures, precautionary measures, arrest warrants, theft records, or transfer restrictions on the vehicle that would prevent its sale; and that if there are any, this has been clearly communicated to the Buyer
9.3. You acknowledge that you are responsible for all outstanding debts from previous periods, such as motor vehicle tax, traffic fines, OGS/HGS toll debts, parking debts, and similar charges, that have accrued up to the date of the notarized sale
9.4. The buyer shall provide all necessary documents, including the vehicle's keys, registration certificate, and other required documents, at the notary public's sales office or at the agreed delivery time
He/She accepts and undertakes.
ARTICLE 10 - BUYER'S STATEMENTS AND WARRANTIES
Buyer;
10.1. You have inspected the vehicle in its current condition and are purchasing it
10.2. He/She will pay the sale price in accordance with the plan in the contract,
10.3. The seller shall assume responsibility for all expenses arising from the actual use of the vehicle, within the scope of internal relations, from the moment of delivery
10.4. The notary will participate in the sales transactions either in person or through an authorized representative
10.5. You will use the vehicle in accordance with the law and traffic regulations,
He/She accepts and undertakes.
ARTICLE 11 - LIABILITY AFTER ACTUAL DELIVERY
11.1. In the internal relationship between the parties, all expenses arising from the use of the vehicle after the actual delivery date and time, such as fuel, parking, bridge/highway tolls, towing, maintenance, administrative penalties arising from actual use, and similar expenses, shall be borne by the Buyer.
11.2. However, the parties acknowledge that the official transfer of ownership is effected by a notarized sale; and that the sale and transfer of the registered vehicle must be carried out by a notary. Therefore, certain consequences that may arise with respect to third parties and official records until the notarized transfer may be evaluated separately according to the law.
11.3. If, prior to the notarized transfer, the Buyer's actual use of the property results in any administrative fine, tax, compensation, or other payment to the Seller, the Buyer agrees to pay these amounts to the Seller immediately upon first demand.
ARTICLE 12 - TRAFFIC INSURANCE, COMPREHENSIVE INSURANCE AND RISK INSURANCE
12.1. The Buyer is responsible for the protection, safekeeping, and use of the vehicle after the actual delivery.
12.2. The transfer/renewal processes for compulsory traffic insurance and, if applicable, comprehensive insurance policies will be carried out separately by the parties following the notarized sale.
12.3. The parties agree that any notifications to be made separately to the insurance company are subject to the relevant legislation and policy terms, independent of the contract.
ARTICLE 13 - DEFAULT IN INSTALLMENT SALES
13.1. If the Buyer fails to pay any installment on time, and ….. days , the Buyer shall be deemed to be in default.
13.2. In case of default;
- Statutory default interest will be applied to the due installment , or
- The parties may also a monthly late payment fee of %….. will be applied.
13.3. The parties may add the following provision if they wish:
“If the Buyer fails to pay two consecutive installments or three installments in total on time, the entire outstanding balance shall become due and payable immediately.”
13.4. In case of default, the Seller reserves the right to claim compensation and collect payments in accordance with general provisions.
ARTICLE 14 - PROMISSORY NOTE / GUARANTEE / SURETY
14.1. In installment sales, the Buyer shall provide the following security:
[ ] Promissory Note
[ ] Guarantor
[ ] Pledge / additional security
[ ] No security provided
14.2. If a natural person is to act as guarantor, the formal requirements of the Turkish Code of Obligations must also be complied with for the guarantee to be valid; therefore, it is recommended that the guarantee section be drawn up separately and in accordance with the procedure.
ARTICLE 15 - PENALTY CLAUSE
15.1. If either party fails to appear at the notarized sale without justifiable cause, fails to deliver the vehicle, fails to pay the price even after delivery, or breaches any essential provision of the contract, the breaching party shall pay the other party …………………… TL .
15.2. Payment of the penalty clause does not negate the other party's right to claim damages beyond what they can prove.
ARTICLE 16 - TERMINATION AND WITHDRAWAL FROM THE CONTRACT
16.1. In the event of a material breach of contract by either party, the other party may send written notice requesting that the breach be remedied within ….. days
16.2. If the discrepancy is not remedied within this period, the contract may be terminated or the rights of withdrawal may be exercised in accordance with general provisions.
16.3. The provisions of Article 5 regarding deposit/deposit/cancellation fees are reserved.
ARTICLE 17 - TAXES, PENALTIES AND PAST DEBTS
17.1. Any outstanding debts, including vehicle tax, traffic fines, toll fees (OGS/HGS), parking fees, and similar past debts incurred up to the date of the notarized sale, are the responsibility of the Seller.
17.2. As of the notarized sale date, the previous owner's motor vehicle tax liability ends, and the new owner's liability begins.
17.3. The parties agree that in the event of subsequently arising debts from a past period, they may seek recourse against each other based on which period the debt relates to.
ARTICLE 18 - NOTIFICATION
18.1. The addresses of the parties as written in this agreement shall be their legal addresses for service of process.
18.2. Unless a change of address is notified in writing, notifications sent to the old address shall be considered valid.
18.3. Notifications made via notary public, KEP (Registered Electronic Mail), registered mail with return receipt, courier, and written delivery receipt are considered valid.
ARTICLE 19 - EVIDENCE AGREEMENT
Bank records, receipts, text messages, email correspondence, delivery receipts, expert reports, service records, notary records, and traffic/administrative records of the parties may be used as evidence in disputes.
ARTICLE 20 - RESOLUTION OF DISPUTES
In case of disputes arising from the implementation of this agreement, the Courts and Enforcement Offices of ………………………….. shall have jurisdiction.
ARTICLE 21 - FINAL PROVISIONS
21.1. This agreement does not replace a notarized sales contract; it regulates the relationship between the parties regarding the sale price, delivery, payment, responsibility, and preparation for transfer. The official transfer of ownership will be carried out at a notary public's office.
21.2. This agreement has been drawn up in ….. copies on …/…/……, read and signed by the parties.
SELLER
Name Surname / Title
Signature
RECIPIENT
Name Surname / Title
Signature
GUARANTOR
Name Surname
Signature
WITNESS 1
Name Surname
Signature
WITNESS 2
Name Surname
Signature
About Post Author
