What is Notary Public and What is its Use?
The notary institution is an official public service that ensures that transactions between individuals and institutions in daily life are conducted in a secure, documented and legally valid manner. Notaries are independent legal professionals authorized by the state. In a large and busy city like Antalya, notary transactions play an important role especially in critical matters such as real estate sales, vehicle transfers, power of attorney arrangements, contract approvals and inheritance transactions.
The duty of notaries is not limited to signing; they are responsible for checking the content of each document prepared, checking whether the parties have the capacity to transact, and fulfilling their legal responsibilities. Therefore, transactions made in the presence of a notary are both binding and risky documents for the parties.
The Most Frequent Notary Procedures and Responsibilities of the Parties
One of the most common transactions carried out at notaries in Antalya is the real estate sales promise contract . These documents create an obligation for the transfer of a real estate in the future and are generally used between investors or heirs. In such transactions, each party signing at the notary must abide by the content of the document.
Inheritance and testamentary proceedings occur especially when elderly individuals prepare wills or inheritance renunciation documents. Since these documents may cause serious disputes in the future, all details should be carefully considered before they are prepared.
Power of attorney transactions are also quite common in Antalya. It is a common situation for people living abroad to appoint a proxy for real estate transactions or litigation. However, if the limits and scope of the power of attorney are not clearly stated, it becomes open to abuse.
What the Parties Need to Know When Carrying Out Notary Transactions in Antalya
Every document signed at a notary is legally binding. Statements such as “I didn’t know, I signed without realizing it” are not considered valid in the court. Therefore, the document should be read carefully before the transaction and clarification should be requested if necessary.
The content of the declarations made at the notary reflects the will of the parties. If a party is unable to understand the document (such as not knowing the language, illiteracy, mental disability), the notary act may be considered invalid. However, in order to determine this situation, the party must clearly declare this or the witnesses must state the situation in court.
When Does the Notary's Legal Liability Come into Play?
Every notary is responsible for complying with the law , protecting the rights of the parties and preparing the documents correctly when performing the transaction. If the notary has prepared an incorrect or incomplete document, he/she may be liable to compensate for the damages that may arise as a result.
The most common situations in Antalya include powers of attorney issued by notaries with false statements or sales contracts prepared with incomplete documents. In such a case, the aggrieved party may file a lawsuit against the notary for material compensation. However, in order to prove liability, the notary's negligence or fault must be demonstrated with documents.
Lawsuits That Can Be Filed Due to Notary Errors in Antalya
The most common type of lawsuit that can be filed against notary errors is a compensation lawsuit. In such lawsuits, the injured party requests compensation for the damages they suffered due to the faulty transaction. For example, if a sales promise agreement drawn up before a notary is not in accordance with the procedure and therefore the goods are not purchased, the party can claim damages through the notary.
In addition, if a transaction has been made with erroneous or voidable documents, a lawsuit for annulment is filed against the relevant document and the invalidity of the transaction is requested. In cases of more serious responsibilities such as neglect of public duty, disciplinary investigations may be initiated against the notary.
Common Risks in Notary Transactions
The biggest risk arises when documents are signed without being read . Especially the elderly, foreigners or individuals who want to perform urgent procedures can sign the document without examining it in detail. This can lead to irreversible consequences in the future.
Failure to perform an identity check sufficiently may pave the way for transactions to be made with forged documents. Such incidents have been encountered in Antalya, albeit rarely. In addition, when making transactions with a power of attorney, failure to correctly define the authority limits of the attorney may also cause serious grievances.
Legal Problems Experienced by Foreigners in Notary Transactions in Antalya
Since Antalya is a popular city for foreign investors, many foreign nationals are seen doing transactions at notaries. This situation brings with it some legal problems.
One of the most common problems is misunderstanding of documents due to language differences . Documents issued at the notary must be in Turkish; these documents must be presented with a sworn translation and the parties must be sure that they truly understand them. In addition, the apostille and notary approval process for foreigners is critical for transaction security.
Mistakes That Cause Documents to Be Considered Invalid at the Notary
Even if a document is signed by a notary, it can be considered invalid in some cases. For example, a transaction made with incomplete documents will not be valid in the land registry office. In transactions that require a witness, not showing a witness may result in the cancellation of the transaction.
In addition, the incapacity of one of the parties, i.e. mental illness, young age or insufficient will to act, may also render the document invalid. Therefore, the notary should not only have the document signed; he should also understand the will of the parties.
Precautions to be taken before performing a notary transaction in Antalya
The most important thing to do before starting a notary transaction is to read every line of the document. If the content of the document is not understood, an explanation should be requested, and if necessary, the transaction should be postponed and legal support should be obtained. When the parties fully understand the consequences of the declaration they will make before the notary, the transaction becomes secure.
It is also important to see and review the copy of the document before the transaction and not to rush the transaction. Consulting an expert makes a big difference, especially in matters that carry great responsibility such as real estate, power of attorney or inheritance.
Recommendations for a Safe Notary Process in Antalya
If you do not know the person with whom the transaction will be made or if the transaction is carried out through an intermediary person, be cautious. Be sure to check their identity information. Getting advice from a lawyer in transactions such as title deeds, inheritance and debt is the most effective way to prevent future problems.
Keep all copies of the transactions made at the notary. The statements made during the transaction should be recorded as they may serve as legal evidence in the future. Don't forget to get a copy of the documents.