In Turkey Real Estate Who Owns the Previous Debt of the House?
There are some issues that real estate owners should pay attention to before selling their homes. One of these issues that concern both the seller and the buyer is the pre-sale debts of the house. These debts may be due to the ownership of the house, such as taxes and dues. Regarding the old debts of the house, “The new owner of the house cannot be held responsible for the old debts.” There is a Supreme Court decision. For this reason, it is beneficial to pay the old debts before selling the real estate.
What is the New Owner’s Responsibility for the Old Debt?
When we look at the decisions of the Supreme Court, the following truth emerges: The new landlord, that is, the owner, is not responsible for the old debts only under certain conditions. For example, if the property has accumulated property tax debt, both the buyer and the seller can be held responsible for these debts. If the purchased property has tax debts, the buyer may have to pay these debts in order to use the house with full efficiency.
The new owner is not obliged to pay the old expense debt of the apartment. He is responsible for the expenses expected from the flat owners after the house is purchased. The apartment management may initiate enforcement proceedings regarding unpaid dues or common expenses.
The Condominium Law protects new landlords on old debts. The new landlord cannot be held responsible for the debts of the period when he was not a flat owner. The disputes that are the subject of the case -like the execution proceedings due to the old subscription debts demanded from the new owner- always result in favor of the new owner; However, it should be noted that this process may take a long time and restrictions may be imposed on household transactions (subscription, etc.) during the process.
What Debts Should Be Paid Before Selling a House?
Real estate owners in Turkey should check the home’s debt status before selling. You should check if there is property tax, apartment fee or overhead debt for the house to be sold. If the property owner is not in a position to pay these debts, the related expenses can be deducted from the price of the house in agreement with the buyer.
