In a densely populated and developing city like Antalya, the transfer of real estate between partners is a common occurrence. However, allegations of collusion can sometimes arise in these transfers, leading to legal disputes. This article will examine the fundamental elements, potential consequences, and key considerations surrounding collusion disputes in the transfer of real estate between partners in Antalya.
What is Collusion and How Does It Occur in the Transfer of Real Estate?
Collusion, as defined in Article 12 of the Turkish Code of Obligations, is a legal transaction intended to conceal the true intention. Collusion in the transfer of real estate means that the situation presented by the parties in the contract is either non-existent or different in reality. For example, one partner may transfer real estate to the other partners for a price below its actual value, and the transfer may be claimed to be a gratuitous donation or a different legal relationship. Establishing collusion depends on proving the difference between the apparent purpose of the contract and its true purpose. The burden of proof lies with the party alleging collusion.
Proving Allegations of Collusion
Proving allegations of collusion is a challenging legal process. The claimant must prove the existence of collusion with a variety of evidence. This evidence may include witness testimony, written documents (contracts, bank records, land registry records, etc.), electronic communication records, and expert reports. The court will evaluate all the evidence presented and determine whether collusion has occurred. In particular, determining the real market value of the property and examining the appropriateness of the transfer price to this value are crucial.
Legal Consequences of Collusion
If the court determines that collusion occurred, the contract is deemed null and void, and the relationship between the parties is evaluated based on the true intent. For example, if the true intent is determined to be a gratuitous donation, the transfer of the real estate is deemed void, and the property reverts to the transferor. The injured party may claim compensation for damages incurred as a result of the collusive transaction.
Matters to be Considered in Collusion Claims
To protect against allegations of collusion in real estate transfer agreements, parties must proceed with caution and pay attention to certain matters. The agreement must be clear and concise, the transfer price must correspond to fair market value, and documentation of payment transactions is crucial. Furthermore, having an independent expert assess the property's value and having the contract reviewed by a lawyer will be beneficial in preventing potential disputes.
Expertise in Real Estate Cases in Antalya
Seeking the support of a lawyer specializing in real estate law in Antalya can increase the likelihood of success in such cases. A qualified lawyer will guide their client through the legal process, assist with gathering evidence, and develop a litigation strategy. Because collusion claims involve complex and technical matters, seeking the support of an experienced lawyer is crucial. A sound legal strategy and effective presentation of evidence are critical factors in a successful case outcome.
Collusion disputes during the transfer of real estate between partners can have significant legal and financial consequences. Therefore, it is crucial to be careful during the contracting phase and take the necessary precautions to prevent potential disputes. In the event of any dispute, seeking legal assistance from a qualified attorney is the best way to protect your rights and achieve positive results. Accurate information and experienced legal advice during this process will ensure the efficient use of both time and financial resources.