Short answer
You may have grounds to demand completion or title transfer, claim loss caused by delay, or seek to unwind the transaction. The available route depends on the contract, the outstanding obligation, the legal status of the property and the steps already taken. A missed deadline does not make every remedy automatic.
First identify what the developer has failed to deliver
Separate physical handover, a home fit for occupation and registration of ownership. An apartment can be accessible while the promised title remains unresolved. Conversely, a buyer may already hold a registered interest while construction remains incomplete. Record each outstanding obligation separately rather than describing the whole dispute simply as “the apartment is late”.
The purchaser’s purpose and the seller’s role also matter. A prepaid consumer housing sale is not interchangeable with an assignment of a contractor’s rights or a land-share construction arrangement. Foreign nationality alone does not settle that classification.
Does the developer always have 48 months?
No. For qualifying prepaid housing sales, the maximum delivery period is 48 months from the contract. A shorter agreed deadline still binds the seller. Handing over keys alone is insufficient: the Ministry’s guidance distinguishes condominium registration from construction-servitude registration accompanied by habitable possession. These rules cannot be applied indiscriminately to every construction contract. Ministry of Trade guidance.
Which legal response fits the problem?
The default framework may require a notice and an additional period for performance, subject to exceptions. Depending on the conditions, the buyer may pursue performance and delay loss, or elect another remedy such as withdrawal and restitution. These choices should be assessed before sending a notice that might commit the buyer to a particular position. Code of Obligations, Articles 117 and 123–125.
A demand for money and a demand changing registered ownership can also follow different procedural routes. Consumer pre-action mediation has exceptions, including qualifying disputes concerning rights in immovable property. The actual claim must be classified before filing. Official Yargıtay discussion of Article 73/A.
What if the landowner and developer are also in dispute?
Their dispute requires examination of the chain of title. A 2025 unification decision requires consideration of good-faith reliance by third parties acquiring registered rights in its specified land-share construction context. Neither automatic loss nor unconditional protection of every buyer’s title follows from it. Yargıtay, 16 May 2025, E. 2024/1, K. 2025/2.
Our practical analysis
Before choosing between obtaining the property and recovering money, build two timelines: what was promised and what actually happened. Match each payment, proposed extension and handover invitation to the contract. Preserve original messages and bank records; a translated summary can help explain them but should not replace the originals.
Then check whether the seller can presently deliver the promised title and what recovery would involve if the contract ends. A refund entitlement and successful collection are separate questions. Review any proposed replacement apartment, revised delivery schedule or release of claims against that evidence. The same applies before withholding an instalment: the buyer’s own performance may become an issue.
Documents to prepare
- The signed contract, annexes and amendments.
- Payment receipts, bank transfers and any financing documents.
- Promised delivery dates, notices and proof of service.
- Current title information and the exact independent-unit details.
- Project specifications, handover records and dated evidence of unfinished work.
- Correspondence about delay, extensions, refunds or alternative units.
Buyers abroad can begin with a document review. Any authority needed for notices, litigation or registration should be matched to the intended step rather than assumed from a general power of attorney.
Legal sources checked: 16 October 2026. This guide addresses general issues; the contract and current records determine the available claim.