Drafting Sales Contracts in Northern Cyprus

Drafting and Execution of Real Estate Sale and Purchase Agreements in Northern Cyprus

A sale and purchase agreement is a fundamental document that records the transfer of ownership rights and the obligations of the parties. A properly drafted contract not only regulates the transaction but also serves as the only effective tool to protect the buyer’s interests in case of legal disputes or delays by the seller.

However, foreign investors in Northern Cyprus face a dilemma: the legislation imposes strict requirements on the language of the document, which the buyer often does not understand. Below we will examine the current legal requirements and the optimal format for executing a transaction.

• Language Requirements (2022 Law)
• Why a Bilingual Agreement Is Necessary?
• Legal Validity of Versions
• Mandatory Clauses of the Agreement

Language Requirements and Legislative Changes

A key nuance of local legislation concerns the language of legal and administrative proceedings. The official language of the TRNC is Turkish. Previously, contracts could be drawn up exclusively in English or Russian-English versions, but the situation has changed.

Important to know: Since 2022, the District Land Committees (Tapu) and the Tax Office do not accept agreements for registration without a Turkish language version. A contract drafted solely in a foreign language (Russian or English) cannot be registered.

Why We Recommend a Bilingual Agreement

To comply with legal requirements while ensuring transaction transparency for the client, the optimal solution is drafting the agreement in two languages. For example: Turkish + Russian or Turkish + English.

Such a document is usually formatted in two columns. This provides the following advantages:

• Legal compliance: The presence of the Turkish text ensures successful registration in the Land Registry.
• Transparency: The client personally reads and understands each clause they sign, without relying on oral translation.

Legal Validity of Versions

When drafting bilingual agreements, it is critically important to determine which version takes precedence in case of discrepancies.

• As a rule, the Turkish version is designated as the prevailing one, since it will be considered by the TRNC court in case of a dispute.
• The lawyers’ task is to ensure maximum accuracy of the legal translation, so that the meaning of the version you understand (Russian or English) fully corresponds to the Turkish original.

Mandatory Clauses and Agreement Structure

For the document to have legal force, minimize risks, and protect your assets, it must contain detailed regulation of all stages of the transaction. Instead of general formulations, a high-quality contract includes the following essential conditions:

1. Details of the Parties. Full information of the seller (developer or private individual) and the buyer, including passport details and registration addresses.
2. Description of the Property (Subject of the Transaction). Detailed specification: plot registration numbers, area, number of floors, layout, as well as a list of finishing materials.
3. Price and Payment Schedule. Recording the total cost, payment currency, deposit amount, installment deadlines, and penalties for late payments.
4. Timeline and Transfer Procedure. Clear date for handing over keys and the conditions under which ownership transfers to the buyer.
5. Rights and Obligations. Regulation of the parties’ actions until the title (ownership rights) is obtained.
6. Guarantees and Liability. Penalties for delayed handover and the developer’s warranty obligations regarding construction quality (structure, finishing, hidden defects).
7. Force Majeure. Exhaustive list of circumstances beyond control, exempting from liability (e.g., natural disasters or legislative changes).
8. Dispute Resolution. Indication of jurisdiction, pre-trial settlement procedures, and the court that will hear potential conflicts.
9. Additional Conditions. Specific agreements, such as provision of furniture, appliances, or air conditioners.

Professional Assistance

Drafting a contract independently or using downloaded templates may lead to refusal of registration or loss of funds. DeJure Consulting develops agreements that undergo professional linguistic and legal adaptation. We guarantee that the documents comply with the current legal requirements of Northern Cyprus, ensuring the legal security of your investments.