Terms and conditions

Date: 05/02/2024

1. Definitions
In these general terms and conditions, the following definitions apply:
• Ensar Estates: The company that mediates the purchase, sale, and rental of real estate in Turkey.
• Client: Any natural or legal person who uses the services of Ensar Estates.
• Agreement: Any arrangement between Ensar Estates and the Client regarding the services.
• Real Estate: Houses, apartments, commercial properties, or other real estate in Turkey.

2. Applicability
2.1. These general terms and conditions apply to all services offered by Ensar Estates.
2.2. By using our services, the Client agrees to these general terms and conditions.
2.3. Deviations from these conditions are only valid if agreed upon in writing.

3. Services
3.1. Ensar Estates mediates in the purchase, sale, and rental of real estate in Turkey.
3.2. The services include, among others:
• Advice on the real estate market in Turkey
• Assistance with viewings
• Support in legal and administrative procedures
• Negotiation and drafting of contracts

4. Liability
4.1. Ensar Estates strives to provide correct and up-to-date information but is not liable for errors, omissions, or changes in the listings.
4.2. Ensar Estates is not responsible for decisions by Turkish authorities regarding permits or property transfers.
4.3. Clients are advised to seek legal and financial advice before making a purchase decision.

5. Payments and Costs
5.1. The Client is obliged to pay the agreed brokerage fees as stated in the order confirmation.
5.2. Payments must be made within the period specified on the invoice.
5.3. In case of late payment, Ensar Estates has the right to charge administrative costs and statutory interest.

6. Termination, Cancellation, and Right of Withdrawal
6.1. No Right of Withdrawal for Real Estate Purchases
• The purchase of real estate does not fall under the statutory right of withdrawal for consumers, as real estate transactions are an exception within European consumer law. A purchase decision is binding after signing the purchase agreement.
• The Client is advised to seek legal and financial advice before signing any agreement.

6.2. Termination of the Purchase Agreement
• If the Client withdraws from the purchase after signing the purchase agreement, cancellation costs or contractual penalties may apply as stated in the purchase agreement.
• Any deposits already paid may be (partially or fully) retained, depending on the contract terms and Turkish law.

6.3. Cancellation of Brokerage Agreement
• If the Client enters into a brokerage agreement with Ensar Estates for the purchase, sale, or rental of real estate, it may be terminated under the conditions stated in the agreement.
• If cancellation occurs after Ensar Estates has provided substantial services, such as organizing viewings or legal support, a reasonable fee may be charged.

6.4. Unforeseen Circumstances
• In exceptional cases, such as legal obstacles preventing property transfer (e.g., invalid property titles or government restrictions), the purchase agreement may be dissolved without financial consequences for the Client.
• Ensar Estates cannot be held liable for decisions by Turkish authorities that prevent the completion of the transaction.

7. No Cure, No Pay Policy
7.1. Applicability of the Policy
• This policy applies to mediation in the purchase or sale of real estate unless otherwise agreed in a written order confirmation.
• “No Cure, No Pay” means that the Client is only liable for brokerage fees to Ensar Estates if the mediation results in a successful transaction (purchase or sale of the respective real estate).

7.2. Successful Transaction
• A transaction is considered successful once a purchase agreement (or an equivalent legally binding document) has been signed, and the payment/deposit has been made in accordance with the agreement.
• In the case of a sale, the transaction is considered successful once the transfer has taken place at the notary and the purchase price has been paid.

7.3. Costs in Case of Client Cancellation
• If the Client decides to withdraw the assignment or cancel the purchase/sale without a valid legal reason during the mediation process, reasonable costs may be charged for services already rendered.
• These costs include, but are not limited to: incurred travel and accommodation expenses, marketing and promotion costs, administrative fees, and legal support.

7.4. Exceptions to “No Cure, No Pay”
• The policy does not apply if the Client has provided incorrect or incomplete information that led to the transaction’s failure.
• If the Client decides not to proceed with the transaction after a successful mediation, Ensar Estates reserves the right to charge brokerage fees.
• If the Client independently enters into an agreement with a third party without Ensar Estates’s involvement, compensation for lost commission may be claimed.

7.5. Transparency and Agreements
• Before providing services, it will be clearly stated whether the “No Cure, No Pay” principle applies and which additional costs (if any) may be incurred.
• Ensar Estates will always communicate transparently about any costs and obligations.

8. Privacy and Data Protection
Ensar Estates processes personal data in accordance with the General Data Protection Regulation (GDPR).
Personal data is only used for executing the agreement and will not be shared with third parties without consent unless required by law.

9. Applicable Law and Disputes
These general terms and conditions are governed by Dutch law.
Disputes will initially be resolved through mutual consultation. If this fails, the competent court in the Netherlands has jurisdiction.

10. Final Provisions
Ensar Estates reserves the right to amend these general terms and conditions.
If any provision in these general terms and conditions is found to be invalid, the remaining provisions shall remain in full force.
Ensar Estates is not liable for damages caused by force majeure.
These general terms and conditions are drafted in Dutch. In case of translations, the Dutch version shall prevail.

If you have any questions, you can contact us by e-mail at info@ensarestates.com.