Obligations and contracts

Contract of sale

An agreement by which the seller undertakes to transfer ownership of a thing and the buyer undertakes to pay the price in return.

All terms

Under Turkish law, a contract of sale obliges the seller to transfer possession and ownership of the object to the buyer, and the buyer to pay the price in return. It is the most common contract type in daily life and shapes many general rules of the law of obligations.

Sales of movables are not subject to any form; even an oral agreement binds the parties. Real estate sales, by contrast, are valid only if executed in official form before the land registry; privately signed deeds do not transfer ownership. Unless agreed otherwise, the parties perform simultaneously, and benefit and risk in movables pass to the buyer with the transfer of possession.

The seller is liable for defects in the goods and for third-party claims over them. These liabilities give the buyer optional remedies such as refund, price reduction, repair or replacement.

Not to be confused with

Trampa (mal değişimi) ile karıştırılmamalıdır: satışta karşılık para iken trampada iki taraf da mal verir.

Statutory basis

  • TBK m.207

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.