The real estate agent showed the house and had a “property viewing document” signed; however, the house was not purchased. A few weeks later, a call comes: “You need to pay our property viewing fee.” Sometimes this demand turns into an invoice, sometimes directly into debt enforcement proceedings. In this article, we examine whether a real estate agent can demand a fee solely for showing a property when no sale has taken place; we analyze this from both the buyer’s and the agent’s perspective, in light of the Turkish Code of Obligations, the Regulation on Real Estate Trade, and the decisions of the Supreme Court General Assembly of Civil Chambers.
Short Answer
If the sale (or rental) did not occur, the real estate agent cannot demand a fee solely on the grounds of having shown the property. Regulation art. 19/4 explicitly states, “No fee can be demanded in exchange for the service of showing a property”; the Supreme Court General Assembly of Civil Chambers also considers property viewing as a preparatory act that does not lead to a conclusion. There are three situations to note: (1) expenses agreed upon and documented in a written contract (Turkish Code of Obligations art. 521/last para.), (2) a cancellation fee agreed upon in the brokerage agreement, (3) the purchase of the property shown by the real estate agent, by you or your relatives, by circumventing the agent (Regulation art. 20/8).
Contents
- Do You Owe the Real Estate Agent if the House Wasn’t Sold? Three Control Questions
- Legislation Regulating the Issue: Turkish Code of Obligations art. 520–523 and the Regulation on Real Estate Trade
- Real Estate Brokerage Must Be in Writing (Turkish Code of Obligations art. 520/3)
- When Does the Real Estate Agent Become Entitled to a Fee? Condition of Result (Turkish Code of Obligations art. 521/1)
- Prohibition of Location Showing Fee: Regulation Art. 19/4 and Real Estate Showing Document
- Supreme Court General Assembly of Civil Chambers: Location Showing is a Preparatory Act
- Approach of First Instance Courts
- The Only Item That Can Be Claimed Even If There Is No Sale: Agreed-Upon Expenses (TCO Art. 521/final)
- If You Have Signed a Brokerage Agreement: Distinction Between Withdrawal Fee and Down Payment
- Important Exception: Buying by Bypassing the Real Estate Agent
- Written Contract, Signature and Representation Authority Issues
- Summary Table of Court Decisions
- What To Do If The Real Estate Agent Demands a Location Showing Fee or Initiates Enforcement Proceedings?
- From the Real Estate Agent’s Perspective: Things to Consider to Avoid Loss of Rights
- 7 Common Mistakes
- Frequently Asked Questions
- Why is it Important to Conduct the Process Correctly in These Cases?
- Resources and Important Note
1. If the House Wasn’t Sold, Do You Owe the Real Estate Agent? Three Control Questions
No, as a rule, there isn’t. The real estate agent’s (broker’s, as per the law) right to a fee depends on the realization of the sale or rental of the property they showed. Visiting the house, reviewing the listing, getting information about the price, and signing a property showing document alone do not create an obligation to pay.
However, before concluding “I don’t need to pay,” three questions must be answered:
- Is the document you signed merely a property showing document, or is it a brokerage agreement for buying and selling that includes clauses for a cancellation fee and a down payment?
- Is there a clear provision in the document stating that the expenses incurred by the real estate agent will be borne by you?
- Was the shown property purchased in your name, your spouse’s name, or a relative’s name without the real estate agent’s knowledge?
If the answer to these three questions is “no,” then the real estate agent’s demand for a property showing fee has no legal basis.
2. Legislation Regulating the Matter: TCO arts. 520–523 and Regulation on Real Estate Trade
The matter lies at the intersection of two separate regulations: the Turkish Code of Obligations No. 6098 (arts. 520–525), which outlines the general framework of brokerage agreements, and the Regulation on Real Estate Trade (Official Gazette 05.06.2018, 30442), which comprehensively regulates real estate brokerage activities.
| Provision | Subject Matter | Effect on Dispute |
|---|---|---|
| TCO Art. 520/1 | Definition of Brokerage Agreement | The broker is entitled to a fee upon the conclusion of the agreement. |
| TCO Art. 520/2 | Application of Agency Provisions | The duties of care and loyalty also apply to the real estate agent. |
| TCO Art. 520/3 | Requirement of Written Form | Real estate brokerage is invalid unless made in writing. |
| TCO Art. 521/1 | Entitlement to Fee | The fee is dependent on the conclusion of the agreement as a result of the broker’s activity. |
| TCO Art. 521/last para. | Expenses | If agreed upon, expenses are paid even if no agreement is concluded. |
| Regulation Art. 19/1 | Real Estate Showing Document | The showing service is provided by issuing a separate document for each real estate property. |
| Regulation Art. 19/4 | Prohibition of Showing Fee | No fee may be requested in exchange for the showing service. |
| Regulation Art. 20/8 | Circumvention of the Real Estate Agent | If the purchase is made by circumventing the real estate agent within the authorization period, the service fee becomes payable. |
Update Note
The Regulation on Real Estate Trade has been updated with the latest amendment dated 29.04.2026 (Official Gazette 33238). This amendment regulated issues such as the modification of the authorization certificate and the “payment system” in real estate sales; it did not change the prohibition of location showing fees (art. 19/4) and the invalidation provision (art. 20/8).
3. Real Estate Brokerage Must Be In Writing (TCO art. 520/3)
TCO art. 520/1 defines the brokerage agreement as follows: “A brokerage agreement is a contract in which the broker undertakes to prepare the possibility of a contract being concluded between the parties or to mediate its conclusion, and in which the broker is entitled to a fee if this contract is concluded.” According to the second paragraph of the same article, the provisions of agency generally apply to brokerage.
In practice, the most decisive provision is the third paragraph: “Brokerage agreements concerning real estate shall not be valid unless made in writing.” This is a form of validity. A real estate brokerage fee cannot be claimed based on an oral agreement, a WhatsApp message, or a witness statement.
Can a property viewing document be considered a brokerage agreement?
Yes, it can. The Court of Cassation considers documents titled “property viewing document,” “real estate viewing record,” or “real estate viewing and service fee agreement” as valid brokerage agreements if they are signed by both parties and contain the minimum elements of a brokerage agreement. However, this determination only grants the real estate agent the right to demand a fee when a sale occurs; if there is no sale, no location showing fee arises, regardless of the document’s title.
4. When Does a Real Estate Agent Become Entitled to a Fee? Condition of Result (TCO art. 521/1)
TCO art. 521/1: “The broker is entitled to a fee only if a contract is concluded as a result of their activity. If the contract concluded as a result of the broker’s activity is subject to a suspensive condition, the fee shall be paid when the condition is fulfilled.”
The legislator has linked the fee not to the effort expended by the real estate agent, but to the result achieved. Even if the real estate agent shows the property ten times, places advertisements, or conducts negotiations, the right to a fee does not arise unless a sales contract is concluded between the parties. This is the fundamental characteristic distinguishing a brokerage agreement from a service agreement.
Causal Link Requirement
For the fee, merely concluding the sale is not enough; the sale must have been concluded “as a result” of the real estate agent’s activity. For example, for a buyer who purchases a house shown by the agent months later through another agent and an independent process, a link between the first agent’s activity and the sale may not be established. The decision of Izmir 2nd Civil Court of Commerce, cited below, is in this direction.
Is TCO art. 521/1 mandatory?
In doctrine, it is accepted that TCO art. 521/1 is not mandatory, and parties can agree to link the fee to a different condition. However, for real estate trade, the limit of this freedom is drawn by Regulation art. 19/4: regardless of what the parties agree upon, the property viewing service itself cannot be provided for a fee. Therefore, a provision such as “a certain fee is paid for each apartment shown” does not form a basis for a property viewing fee.
5. Prohibition of Property Showing Fee: Regulation Art. 19/4 and Property Showing Document
According to Article 19/1 of the Regulation on Real Estate Trade, showing a property brokered for sale or rent to the buyer or tenant is done by issuing a separate property showing document for each property. The fourth paragraph of the same article is clear beyond dispute:
Regulation on Real Estate Trade Art. 19/4
“No fee can be demanded in return for the property showing service.”
What does the property showing document prove?
This document proves that a specific property was shown to a specific person on a specific date. Its value for the real estate agent arises when it is claimed in the future that the property was purchased by bypassing the agent. The document does not grant the right to demand a separate property showing fee.
The same principle from the Mandatory Standard Communiqué until today
The prohibition is not new. The General Assembly of Civil Chambers of the Supreme Court of Appeals, with reference to Article 1.1.3 titled “Real Estate Brokerage Services – General Rules” of the Mandatory Standard Communiqué published in the Official Gazette dated 08.07.2003 and numbered 25162, emphasized that information stating no fee can be requested for property showing services should be displayed in a place visible to customers in the price list. Today, the same principle has been directly incorporated into the normative text with Article 19/4 of the Regulation.
Is the real estate agent asking you for a property showing fee?
Let’s review the document you signed and the request you received together; clarify your legal situation before making a payment or missing the objection period.
6. Supreme Court General Assembly of Civil Chambers: Showing Property is a Preparatory Action
The Supreme Court General Assembly of Civil Chambers (HGK) has defined the legal nature of showing property in multiple decisions with the same sentences. These decisions are the strongest basis against claims for property showing fees.
YHGK, App. No. 2020/339, Dec. No. 2022/723, Date 24.05.2022
The Board explicitly stated that the activity of showing property is among the preparatory actions of brokerage and will not generate a fee as long as no result is achieved:
YHGK 2020/339 App. No. – 2022/723 Dec. No.
“…showing property is one of the preparatory actions of brokerage activity, and in the event that no outcome is achieved within the scope of these activities, no claim for rights can be made solely due to the property showing action…”
The decision also emphasized that the contract is a text stating that a fee will be earned if the seller and buyer are brought together and the sale is finalized; and that the real estate agent will not be entitled to a fee merely for showing the property if they cannot finalize the sale, and also referenced Article 1.1.3 of the Mandatory Standard Communiqué.
YHGK, Docket No. 2021/243, Decision No. 2022/1283, Date 11.10.2022
The Board also reiterated the same principle in this decision:
YHGK Docket No. 2021/243 – Decision No. 2022/1283
“Because showing a property is one of the preparatory activities of brokerage, and if the desired outcome cannot be achieved within the scope of these activities, no claim for any right or fee can be made solely on the basis of the act of showing the property.”
The decision is also important regarding the validity of the provisions concerning “bypassing the real estate agent,” which are discussed separately below.
YHGK, Docket No. 2017/621, Decision No. 2018/1929, Date 13.12.2018
YHGK Docket No. 2017/621 – Decision No. 2018/1929
“Showing a property is also one of the preparatory activities of brokerage, and if the desired outcome cannot be achieved within the scope of these activities, no claim for any right can be made solely on the basis of the act of showing the property.”
The Board stated that this matter “has also been clarified” by Article 1.1.3 of the Compulsory Standard Communiqué.
Supreme Court, 3rd Civil Chamber, Docket No. 2009/19787, Decision No. 2010/1416, Date 04.02.2010
This decision, rendered during the period of the repealed Code of Obligations, demonstrates that the principle is well-established:
Supreme Court 3rd Civil Chamber Docket No. 2009/19787 – Decision No. 2010/1416
“The broker can only demand a fee if the preparatory work or mediation they performed leads to the execution of the contract. Otherwise, if they cannot bring the buyer and seller together and ensure the contract is concluded, they are not entitled to a fee (See Art. 405).”
The Chamber also stated that the document in the concrete case cannot be considered a brokerage agreement and that it is not possible to demand a brokerage fee based solely on showing the location.
7. Approach of the Courts of First Instance
The approach of the General Assembly of Civil Chambers is also adopted by the courts of first instance.
Istanbul 7th Commercial Court of First Instance, E. 2022/119, K. 2023/23, D. 17.01.2023
Istanbul 7th Commercial Court of First Instance 2022/119 E. – 2023/23 K.
“…of course, if the real estate agent cannot complete the sale, they will not be entitled to a fee merely for showing the location…”
Istanbul Anatolian 6th Commercial Court of First Instance, E. 2022/401, K. 2023/360, D. 26.04.2023
The Court determined, using the words of the General Assembly of Civil Chambers, that the fee provision in the contract relates to entitlement to a fee if the seller and buyer are brought together and the sale is realized; and that if the real estate agent cannot complete the sale, they will not be entitled to a fee merely for showing the location.
Izmir 2nd Commercial Court of First Instance, E. 2018/754, K. 2022/160, D. 01.03.2022
The Court, based on the written form requirement in Article 520/3 of the Turkish Code of Obligations (TCO) and the outcome requirement in Article 521 of the TCO, accepted that merely showing the location is not sufficient and that the fee condition was not met for the first real estate agent in a sale made through another intermediary after the intervening period. The decision is important for the defense of causality.
8. The Only Item That Can Be Claimed Even Without a Sale: Agreed Expenses (TCO Art. 521/final)
The last paragraph of Article 521 of the Turkish Code of Obligations (TBK): “If it has been agreed in the brokerage contract that the expenses incurred by the broker will be reimbursed, these expenses shall be paid even if the broker’s activity has not resulted in the conclusion of the contract.”
This provision is not a “back door” for a viewing fee. Three conditions must be met concurrently:
- Clear provision in the written contract: It must have been explicitly and clearly agreed beforehand that the expenses belong to the principal.
- Actual and concrete expense: Expenses genuinely incurred and documented by the real estate agent (e.g., a specific advertising expense agreed upon in the contract) may be claimed.
- Not qualifying as a fee: A lump-sum “viewing fee,” “consultancy fee,” or “appointment fee” is not an expense; payments requested under these names fall under Article 19/4 of the Regulation.
Attention in Practice
Ordinary operating expenses of the real estate agent, such as their own office expenses, staff salaries, and vehicle fuel, cannot be passed on to the customer unless explicitly and specifically agreed upon in the contract. The first defense against an undocumented expense claim is that the burden of proof lies with the real estate agent.
9. If You Have Signed a Brokerage Agreement: Distinction Between Withdrawal Fee and Down Payment
In a significant portion of disputes, the buyer has signed not just a viewing document, but a more comprehensive sales and purchase brokerage agreement, and has even paid a down payment (earnest money). In this situation, the picture may change.
The Regulation stipulates that the brokerage agreement for buying and selling may include a withdrawal fee to be paid if the buyer or seller withdraws from the contract, provided it is agreed upon and its rate or amount does not exceed the service fee for the business, and a penalty clause to be applied if the contract is not performed at all or not performed properly.
| Situation | Property showing fee | Withdrawal fee / penalty clause |
|---|---|---|
| Only a property showing document was signed, no sale occurred | Cannot be demanded (Art. 19/4) | Cannot be demanded if there is no valid withdrawal provision in the document |
| Brokerage agreement for buying and selling was signed, buyer withdrew without a valid reason | Cannot be demanded | May arise if agreed upon in the contract and does not exceed the service fee |
| Seller withdrew or a defect/legal impediment arose in the property | Cannot be demanded | No withdrawal fee arises for the buyer; earnest money refund is considered |
| Purchased by circumventing the real estate agent | Not applicable | Service fee and, if any, penalty clause may be demanded (Art. 20/8) |
We discussed the issue of withdrawing from buying a house and earnest money refund in detail in our article titled Do I pay a fee to the real estate agent if I withdraw from buying the house?
10. Important Exception: Purchasing by Circumventing the Real Estate Agent
This is the most common situation where the prohibition on location viewing fees is misunderstood. The buyer refuses to pay, claiming “no sale occurred”; however, the property was purchased directly from the owner, without the real estate agent’s knowledge, either by the buyer themselves or on behalf of their spouse, child, sibling, or company. What is demanded here is no longer a location viewing fee, but a contractual service fee and, if applicable, a penalty clause.
Regulation on Real Estate Trade Art. 20/8
“In cases where the property is purchased or rented directly from the owner within the term of the authorization contract, by bypassing the enterprise that issued the property viewing document or the contracted enterprise, the service fee becomes due.”
General Assembly of Civil Chambers (YHGK), Appl. 2021/243, Dec. 2022/1283 – the bypassing clause is valid
YHGK 2021/243 Appl. – 2022/1283 Dec.
“This provision was actually agreed upon to address the possibility that prospective buyers, acting with the intent to purchase real estate and wishing to expedite the process with the real estate agent’s assistance and contributions, might bypass the agent to complete the sale once the stage for earning a fee through brokerage services is reached, thereby avoiding payment of the broker’s fee. It is an agreement that, in addition to the fee, also constitutes a penalty clause, and it is valid and binding on the parties under the principle of freedom of contract, unless there is a contrary agreement or the contract is cancelled.”
Court of Appeals 13th Civil Chamber, Appl. 2014/5401, Dec. 2014/30849, Date 13.10.2014 – purchase on behalf of spouse
The Chamber stated that the provision regarding the payment of brokerage fees upon the purchase of the real estate is valid due to freedom of contract; and that there should be no doubt that the defendant is obliged to pay the fee stipulated in the contract because the defendant purchased the real estate in his spouse’s name, bypassing the broker.
Court of Appeals 13th Civil Chamber, E. 2013/11075, K. 2014/12130, D. 17.04.2014 – Annulment of the local court decision
The local court had dismissed the case on the grounds that the real estate agent had no action other than showing the property, and that entitlement to a fee could not be gained by merely showing the property. The Court of Appeals overturned the decision:
Y13HD 2013/11075 File No. – 2014/12130 Decision No.
“The defendant is obliged to pay the commission fee he undertook to pay the plaintiff as per the contract, without invalidating the contract he signed with the plaintiff and by purchasing the real estate shown by him.” … “Since the defendant purchased the shown real estate at the land registry, it cannot be said that the plaintiff did not mediate the execution of the contract.”
Court of Appeals 13th Civil Chamber, E. 2015/4772, K. 2016/7245, D. 08.03.2016
In the case where the shown real estate was purchased after signing a “Real Estate Viewing and Service Fee Agreement”, the Chamber stated that this agreement was a real estate brokerage agreement and could be made with the property owner or the buyer, concluding that the buyer was obliged to pay the commission fee.
Court of Appeals 13th Civil Chamber, E. 2010/13410, K. 2010/14484, D. 02.11.2010
The Chamber emphasized the provision in the contract that if the buyer purchases the property shown to them in the name of a third party by circumventing the real estate agent or by concealing themselves solely to avoid paying commission, they will pay the real estate agent’s damages and lost profit; it accepted that the real estate agent fulfilled their performance by showing the apartment, and is entitled to a fee if other conditions are also met.
Istanbul 19th Civil Court of Commerce, Docket No. 2018/1363, Decision No. 2021/740, Date 12.10.2021
The Court based the right to a fee on Article 521/1 of the Turkish Code of Obligations (TBK) and the principle that the service fee is earned upon registration of the sale in the land registry; it explained that in cases of circumvention, the business is entitled to the service fee in accordance with the regulation in the Bylaw.
Practical outcome for the buyer
The defense of “no sale” is only effective if the property was genuinely not purchased. Courts can determine whether the property has been transferred to your name or that of your relatives by querying land registry records. If you are considering acquiring the shown property yourself or through a relative, you should first evaluate the provisions in the document you signed and the duration of the authorization agreement.
Did you purchase the shown house through another channel, and the real estate agent is now demanding a fee?
In claims of circumvention, defenses such as contract provisions, duration, causal link, and reduction of the penalty clause determine the outcome of the case. Contact us with your documents.
11. Issues with Written Contracts, Signatures, and Representation Authority
The real estate agent’s fee claim must be based on a valid written contract, even if the sale has been completed. Courts are meticulous on this point.
Istanbul Anatolian 10th Commercial Court of First Instance, Docket No. 2024/750, Decision No. 2025/248, Date 18.03.2025
Istanbul Anatolian 10th Commercial Court of First Instance Docket No. 2024/750 – Decision No. 2025/248
“According to law and established Supreme Court precedents, for the broker to be entitled to a fee, there must be a written contract between the broker and the person from whom the fee is claimed.”
Supreme Court 3rd Civil Chamber, Docket No. 2023/370, Decision No. 2023/1722, Date 01.06.2023
While reiterating the written contract requirement, the Chamber stated that the real estate agent not having a written contract with the property owner, or not being authorized by the owner, will not affect their right to demand a fee from the buyer based on a written and undisputed contract between them and the buyer. In other words, the buyer cannot escape the contract they signed with the defense of ‘the real estate agent did not have a contract with the owner’.
Izmir Regional Court of Justice 17th Civil Chamber, Docket No. 2019/1787, Decision No. 2023/132, Date 26.01.2023
It was understood that the signature on the document cited as the basis for the claim was not made by the authorized representative of the defendant company; and since the existence of a written contract could not be proven with written evidence, the case was dismissed.
Izmir 2nd Commercial Court of First Instance, Case No. 2018/754, Decision No. 2022/160, Date 01.03.2022
The Court emphasized that for the provisions of the contract, which include a site visit document and a penalty clause, to be binding on the company, they must be signed by persons authorized to represent the company. The signature of an employee who viewed the property on behalf of the company may not bind the company.
12. Summary Table of Court Decisions
| Court / Chamber | Docket No. – Decision No. | Date | Main Principle |
|---|---|---|---|
| Supreme Court General Assembly | 2020/339 – 2022/723 | 24.05.2022 | Showing property is a preparatory act; if there is no outcome, a claim cannot be made solely due to showing the property. |
| Supreme Court General Assembly | 2021/243 – 2022/1283 | 11.10.2022 | If there is no sale, a property showing fee cannot be demanded; however, a non-circumvention clause is valid and binding. |
| Supreme Court General Assembly | 2017/621 – 2018/1929 | 13.12.2018 | A fee cannot be demanded for showing property; Mandatory Standard Communiqué 1.1.3. |
| Supreme Court 3rd Civil Chamber | 2009/19787 – 2010/1416 | 04.02.2010 | If the realization of the contract cannot be ensured, no fee is earned. |
| Supreme Court 3rd Civil Chamber | 2023/370 – 2023/1722 | 01.06.2023 | A written contract is a condition; the absence of a contract with the owner does not affect the claim from the buyer. |
| Supreme Court 13th Civil Chamber | 2013/11075 – 2014/12130 | 17.04.2014 | A buyer who purchases the shown property pays the commission stipulated in the contract. |
| Supreme Court 13th Civil Chamber | 2014/5401 – 2014/30849 | 13.10.2014 | If the real estate agent is circumvented and the purchase is made in the spouse’s name, the fee is paid. |
| Supreme Court 13th Civil Chamber | 2015/4772 – 2016/7245 | 08.03.2016 | A viewing and service fee agreement is a brokerage agreement; the fee arises upon purchase. |
| Supreme Court 13th Civil Chamber | 2010/13410 – 2010/14484 | 02.11.2010 | If the purchase is made secretly in the name of a third party, the real estate agent’s damages are paid. |
| Izmir Regional Court of Justice 17th Civil Chamber | 2019/1787 – 2023/132 | 26.01.2023 | If the signature does not belong to an authorized person, the written contract is not considered proven. |
| Istanbul Regional Court of Justice 13th Civil Chamber | 2023/250 – 2025/1490 | 25.09.2025 | If the conditions for earning a fee cannot be proven, the claim is rejected. |
| Antalya Regional Court of Justice 11th Civil Chamber | 2021/401 – 2023/150 | 02.02.2023 | As a rule, a broker earns a fee if a contract is established as a result of their activity. |
| Istanbul 7th Civil Court of First Instance | 2022/119 – 2023/23 | 17.01.2023 | If the sale does not materialize, no fee arises merely for showing the property. |
| Istanbul Anatolian 6th Civil Court of First Instance | 2022/401 – 2023/360 | 26.04.2023 | In the same direction; reiteration of the Supreme Court General Assembly’s principle. |
| Istanbul Anatolian 10th Civil Court of First Instance | 2024/750 – 2025/248 | 18.03.2025 | A written contract with the person from whom the fee is demanded is a condition. |
| Istanbul 19th Civil Court of First Instance | 2018/1363 – 2021/740 | 12.10.2021 | A service fee is earned in case of circumvention. |
| Izmir 2nd Civil Court of First Instance | 2018/754 – 2022/160 | 01.03.2022 | Written form, power of representation, and causality are required; no fee arises if sold through another intermediary. |
13. What to Do If the Real Estate Agent Demands a Property Viewing Fee or Initiates Enforcement Proceedings?
The demand may be verbal, arrive via a message, or directly appear before you as an order of payment from the enforcement office. The course of action depends on the form of the demand.
1. Gather documents
- A copy of the property viewing document or brokerage agreement you signed (request it in writing if it was not given to you).
- Your correspondence with the real estate agent, advertisement screenshots, meeting dates.
- Evidence that you did not purchase the property: Your rental agreement, the title deed of another property, or documents showing that the purchase process never began.
2. Against a verbal or written demand
Rejecting the demand in writing and with justification demonstrates your consistency in the future. In the response, it is sufficient to refer to Article 19/4 of the Regulation and the fact that the sale did not take place. If the demand turns into a pressure tactic, an application to the provincial directorate of commerce to which the business is affiliated, on the grounds of contravening the Regulation, may also be considered.
3. If enforcement proceedings have been initiated: 7-day period
Enforcement and Bankruptcy Law Art. 62, an objection must be filed to the payment order in non-documentary enforcement proceedings within 7 days from notification. If no objection is filed within the period, the enforcement proceeding becomes final and the seizure phase can be initiated. In the objection petition, it must be clearly stated that the entire debt and its ancillary claims are objected to. If the signature on the document forming the basis of the enforcement proceeding does not belong to you, a signature objection must also be made separately and clearly; otherwise, the signature is deemed accepted for the purposes of the enforcement proceeding (EBL Art. 62).
Deadline warning
The calculation of the period between the notification date of the payment order and the date the objection reached the enforcement office is critically important. If the notification is irregular, the correction of the notification date can also be made the subject of a complaint. The options available after missing the deadline are both more costly and more uncertain.
4. Defense lines in an action for annulment of objection
- Sale has not taken place: Turkish Code of Obligations Art. 521/1 and decisions of the General Assembly of Civil Chambers of the Supreme Court.
- Location showing fee is prohibited: Regulation Art. 19/4.
- There is no written and valid contract: Turkish Code of Obligations Art. 520/3; the signature does not belong to you or an authorized representative.
- Causal link cannot be established: The sale was realized through another intermediary, through an independent process, and after a long period.
- The claim of circumvention is unfounded: The immovable property has not been transferred in your name or the name of your relatives; or it falls outside the term of the purchase authorization agreement.
- Penalty clause is excessive: Even if a penalty clause is sought, the judge’s power to reduce (Turkish Code of Obligations Art. 182/last para.) comes into play for a non-merchant debtor.
- Expense claim is undocumented: Turkish Code of Obligations Art. 521/last para. applies only to agreed and proven expenses.
Depending on the nature of the dispute (whether it is considered a consumer transaction or a commercial lawsuit), the competent court and the necessity of mandatory mediation as a prerequisite for filing a lawsuit may vary. Therefore, an assessment regarding jurisdiction and procedural matters should be made before filing a lawsuit or responding to one.
14. From the Real Estate Agent’s Perspective: Points to Consider to Avoid Loss of Rights
Although the article is structured from the buyer’s perspective, the same jurisprudence serves as a roadmap for real estate agents. A significant portion of real estate agents who cannot collect their fee lose lawsuits due to formal deficiencies, despite having rights.
- Enter into separate written authorization / brokerage agreements with the buyer and the seller; prepare a separate property viewing document for each property and each buyer.
- For corporate clients, check the representation authority (signature circular) of the person signing.
- The document should clearly state not only “shown,” but also under what conditions the fee will arise, its rate, and the consequences in case of circumvention.
- Do not demand a fee for property viewing; this is both contrary to the Regulation and weakens your rightful claim in the file.
- In case of suspected circumvention, request a court inquiry into the land registry records; also request an investigation regarding the buyer’s spouse, child, sibling, and company.
- Follow the duration of the authorization agreement; Regulation Art. 20/8 provides a clear basis for purchases made “within the period”.
15. 7 Common Mistakes
| Common Belief | Legal Fact |
|---|---|
| “I signed the document, now I have to pay.” | A signature alone does not create a debt to pay; the fee is dependent on the sale actually taking place. |
| “The real estate agent spent time, he wants compensation for his effort.” | In brokerage, the fee is tied to the result, not the effort (TBK Art. 521/1). |
| “The showing fee is a small amount, it can be requested.” | Regardless of the amount, no fee can be demanded for showing a property (Art. 19/4). |
| “If I buy the house in my wife’s name, I don’t have to pay anything to the real estate agent.” | In case of circumvention, a service fee and penalty clause may be demanded (Art. 20/8, Y13HD 2014/5401). |
| “The real estate agent doesn’t have a contract with the owner, so they can’t ask me for a fee either.” | If there is a written contract with the buyer, the buyer can be asked for a fee (Y3HD 2023/370). |
| “An enforcement proceeding arrived, I’ll explain it in court.” | If no objection is made within 7 days, the proceeding becomes final; the opportunity for defense is severely narrowed. |
| “Anything can be demanded under the name of expenses.” | Only expenses agreed upon in writing and documented can be demanded. |
16. Frequently Asked Questions
If the house was not sold, do I have to pay the real estate agent a showing fee?
No. In accordance with Article 19/4 of the Regulation on Real Estate Trade, no fee can be demanded for real estate showing services. The General Assembly of Civil Chambers of the Supreme Court also accepts that no claim can be made solely due to property showing as long as the sale has not taken place.
Does signing a property showing document put me in debt?
The document proves that the property was shown to you. It does not, by itself, create an obligation to pay as long as the sale has not taken place. However, if the document contains provisions for a withdrawal fee, expenses, or circumvention, these provisions should be evaluated separately.
Can the real estate agent demand expenses?
Only if it is explicitly agreed in the written contract that the expenses will be borne by you, and the real estate agent can concretely document these expenses (Turkish Code of Obligations Article 521/last paragraph). A lump sum “service” or “property showing” fee is not considered an expense.
What happens if I later buy the shown house directly from the owner?
If the purchase is made by circumventing the real estate agent within the term of the authorization agreement, the real estate agent is entitled to the service fee (Regulation Article 20/8). If the contract also includes a penalty clause, that can also be demanded; the outcome may not change if the purchase is made on behalf of your spouse or a relative.
If I buy the same house through another real estate agent, do I pay the first agent?
It is determined whether there is a causal link between the first real estate agent’s activity and the sale. If the sale was realized through the independent activity of another agent and after a period of time, the first agent’s fee condition may be deemed unfulfilled (İzmir 2nd Civil Court of First Instance 2018/754 E.). Each case is evaluated according to its own conditions.
Can a showing fee be requested when looking for a rental house?
No. Regulation art. 19 jointly regulates the showing of real estate for which brokerage services are provided for sale or rent; the prohibition in art. 19/4 is also valid for rental processes.
The real estate agent initiated enforcement proceedings against me, what should I do?
You must object to the enforcement office within 7 days from the notification of the payment order (Execution and Bankruptcy Law art. 62). An objection made within the period stops the proceeding. The real estate agent can thereafter claim their receivable through an action for annulment of objection, an action for removal of objection in the enforcement court if the conditions are met, or a collection lawsuit according to general provisions.
Can a real estate agent request a fee with a verbal agreement?
A real estate brokerage contract is not valid unless made in writing (Turkish Code of Obligations art. 520/3). If there is no written and valid contract, the fee request lacks a basis.
An employee signed a document on behalf of our company, will the company be held responsible?
For the provisions in the document to bind the company, it must be signed by persons authorized to represent the company (Izmir 2nd Civil Court of Commerce 2018/754 E.; Izmir Regional Court of Justice 17th Civil Chamber 2019/1787 E.). An unauthorized signature may not produce results for the company.
Where can I complain if a real estate agent requests a showing fee?
Real estate trade activities are under the supervision of the Ministry of Trade. An application can be made to the provincial directorate of trade to which the business is affiliated, on the grounds of non-compliance with the Regulation. The complaint does not supersede the resolution of the legal dispute regarding the fee claim in court.
Have you encountered enforcement proceedings or a payment request?
Let us evaluate your documents before the 7-day objection period expires; let’s plan the objection and potential litigation process for you.
17. Why is it Important to Conduct the Process Correctly in These Files?
Real estate agent fee disputes often appear to be for small amounts; however, with enforcement proceedings, annulment of objection lawsuits, enforcement denial compensation, and litigation costs, they can turn into a much larger financial risk than expected. The outcome is determined by the correct steps taken in the initial days of the file.
From the perspective of the buyer / prospective tenant
- Checking the 7-day objection period and compliance with notification procedures,
- Accurate determination of the legal nature of the signed document (whether it’s a viewing certificate or an intermediation agreement),
- Timely and clear submission of objections regarding written form, signature, and representation authority,
- Defense concerning land registry records, duration, and causality against the claim of circumvention,
- Justification of the request for reduction of the penalty clause.
From the perspective of the real estate agent / business
- Determination of the legal basis for the fee claim (service fee, penalty clause, expenses),
- Evidence plan for the proof of title deed records and close relationship in case of invalidation,
- A procedurally compliant follow-up and litigation strategy regarding jurisdiction, authority, and mandatory mediation.
Regions we serve
2M Hukuk Law Office provides legal support to its clients in real estate, rental, and brokerage disputes, primarily in Tuzla, Pendik, Kartal, and Maltepe on Istanbul’s Anatolian Side, as well as in Sancaktepe, Sultanbeyli, Ümraniye, Ataşehir, Kadıköy, and Üsküdar; and in Kocaeli, in Gebze, Çayırova, Darıca, Dilovası, Körfez, Başiskele, and İzmit. Enforcement and commercial cases handled at the Istanbul Anatolian Courthouse in Kartal and the Gebze Courthouse are among our firm’s areas of practice.
2M Hukuk Law Office
Postane Neighborhood, Seher Street No: 18/2, Tuzla / Istanbul
Phone: 0505 390 25 48 · 0551 280 25 48
Email: info\@2mhukuk.com
About our office
For more information on the obligation to pay commission to a real estate agent and the written contract requirement, you can also review our article titled Am I obligated to pay commission to a real estate agent who showed me a house?
18. Resources and Important Note
- Turkish Code of Obligations No. 6098, Art. 182 (penalty clause), Art. 520–525 (brokerage).
- Execution and Bankruptcy Law No. 2004, Art. 62 (objection to the payment order).
- Regulation on Real Estate Trade (OG 05.06.2018, 30442; last amendment OG 29.04.2026, 33238), Art. 19 and Art. 20.
- Mandatory Standard Communiqué (OG 08.07.2003, 25162), “Real estate brokerage services – General Rules” 1.1.3 (via reference in YHGK decisions).
- The decisions of the Court of Cassation, Regional Court of Justice and first instance courts mentioned in the article.
Important note
This article serves for general informational purposes and does not constitute legal advice for a specific case. The case details and citations mentioned in the article are based on sources available at the publication date; before being used in a petition or publication, the texts of the decisions must be verified through UYAP or official decision search systems. Since legislative provisions may change, the text in force on the date of the transaction should be taken as a basis.
