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Law for Buying Real Estate in Turkey

Law for Buying Property in Turkey

Updated April 2006.

Please note. New laws were enacted on the 7th January 2006, with the main difference being a limit ( 25,000m²) on the amount of land a foreign person or company can purchase. 

This occurrence has lifted the 'hold' placed on foreign purchase of property in Turkey. This means foreigners can once again buy a property and receive their title deed in a timely manor.

For laws pertaining to money (bringing it in, taking it out), please see Laws about Money in Turkey.

For information on the Turkish Mortgage system, please see Proposed Amendments to Mortgage Laws (PDF)

For a step by step guide to buying in Turkey, including how these laws can affect a foreign buyer, please see our Process of Buying in Turkey page

If you are unsure as to whether the property you wish to purchase, or your purchase rights are allowable, or if you have any other questions pertaining to Turkish Laws, please consult a lawyer.  A list of Lawyers can be found on our Trades and Services Page.

The following is the law for foreigners buying Real Estate in Turkey in it's entirety, as published by the Tapu Department

Tapu ve Kadestro Genel Mudurlugu,

Turkish Department of Title Deed and Land Registration

http://www.tkgm.gov.tr/

Dikmen Yolu No:14 Bakanlıklar-ANKARA.

Telefon: (312) 413 68 53 (Baskan); (312) 413 68 80

For English: (312) 413 68 85, (312) 413 68 86, (312) 413 68 87

 

 

 

I.REAL ESTATE ACQUISITION OF FOREIGN REAL PERSONS IN TURKEY
Real estate acquisition of foreign real and legal persons has been regulated in the article 35 of the Land Registry Law numbered 2644 with law numbered 5444 and dated December 12,2005 which was established in the Official Gazette of 26046 numbered and dated January 7,2006.  New fundamental principles was regulate with this new law for acquisition real estate of foreign real persons and and trade companies having legal personality and established in foreign countries according to the laws of these countries in Turkey.
New form of the article 35 of the Land registry Law is as follows:
“With the reservation of reciprocity and compliance with legal restrictions, foreign real person can acquire real estates for the purposes of using as residence or business aims in Turkey that are separated and registered for these purposes in the implemented development plans or localized development plans. The same conditions shall be stipulated in the establishment of limited real rights on real estates. The total area of the real estates and limited real rights on real estates that a real person of foreign nationality can acquire all over the country can not exceed 25.000 m2. Within the same conditions set out in this paragraph Council of Ministers is authorized to increase the area up to 30 hectares.      

Companies having legal personality established in foreign countries according to the laws of these countries can acquire real estates and limited real rights on real estates in Turkey according to the provisions of special laws.
 
In case of establishing mortgage in Turkey in favor of foreign real persons and trading companies having legal personality established in foreign countries according to the laws of these countries the conditions and restrictions set out in first and second paragraphs shall not be applied.

With the exception of foreign real persons and trading companies having legal personality established in foreign countries according to the laws of these countries, no one can acquire real estates and limited real rights on real estates in Turkey.

 For the real estates acquired through legal inheritance by citizens of a country that have reciprocity with Republic of Turkey, the conditions and restrictions set out in the first paragraph shall not be applied. For the real estates acquisition by means of transactions depending on death apart from legal inheritance, the conditions and restrictions set out in the above paragraphs shall be applied. Real estates and limited real rights on real estates acquired through legal inheritance by citizens of countries that do not have reciprocity with Republic of Turkey shall be liquidated after their transfer transactions are performed.   

De jure and de facto circumstances shall be taken as basis in determination of reciprocity. In implementation of this principle for the citizens of countries that have not granted land ownership rights, it's stipulated that the rights granted by a foreign country for real estate acquisition to its own citizens should also be granted to citizens of the Republic of Turkey.
 
The Council of Ministers is authorized to determine the places where foreign real persons and trading companies having legal personality established in foreign countries according to the laws of these countries can not acquire real estates and limited real rights on real estates within the areas in terms of  irrigation, energy, agriculture, mine, and protected areas,  and belief and cultural featured areas and special protection areas and touchy areas due to flora and fauna features, strategic areas due to public interests and country security by means of the proposals of relevant public institutions and organizations with registry based coordinated maps and plans, and the rate of the areas where foreign real persons can acquire real estates not more than 5 per thousand according to the provinces and provinces’ areas. Proposals of the public institutions and organizations within these scope shall be examined, appreciated and submitted to the Council of Ministers by means of a commission that carries out studies within the authority set out in this paragraph and constitutes of relevant representatives of administration in the structure of the ministry that General Directorate of Land Registry and Cadastre is related to.

Map and coordinate values concerning the military forbidden zones, military and private security zones and strategic zones that are determined after the enforcement of this law and their alterations shall be given without any delay by the Ministry of National Defense to the ministry that General Directorate of Land Registry and Cadastre is related to.

The parcels needed to be expropriated or to be annotated on land register due to be in the areas determined in the above paragraphs shall be notified by relevant institutions to relevant Land Registry Offices.
 
The real estates and limited real rights on real estates acquired contrary to the provisions of this article or determination of misuse according to the purpose of acquisition without legal necessity shall be converted to value and paid to owner of unless the real estates liquidated by the owner within the period given by Ministry of Finance.”      

I.1.RECIPROCITY PRINCIPLE
In the new regulation, instead of exact equivalent implementation of reciprocity principle, it's stipulated that the rights given by a foreign country to its own citizens or trade companies having legal personality and established according to its own laws, should also be given to citizens and trade companies of the Republic of Turkey.
The Council of Ministers expressed what should be understood from the reciprocity principle in its decision dated May 29, 1940 and numbered 2/13394. According to this decision, in addition to legislative regulation of reciprocity principle, practical applicability of it is also required for its existence. By this decision, in which it's taken into consideration that reciprocity in law will not indicate actual situation, restrictions encountered in a foreign country by the citizens of the Republic of Turkey, in case of their application, are wanted to be taken as a basis in implementation of reciprocity. Therefore, for the existence of reciprocity between our country and a foreign country about real estate acquisition, reciprocity must be both in law and in practice. According to this principle, for real estate acquisition of a foreign country's citizen or trade company in our country, the citizens and trade companies of the Republic of Turkey should also have the right to acquire real estate in this foreign country and this right must be accepted by laws and must be practically applicable.

I.2.EXCEPTIONS OF RECIPROCITY PRINCIPLE
Although the first condition is reciprocity for real estate acquisition of foreign real persons in our country, reciprocity principle has some exceptions in terms of real persons. These exceptions are as follows:
a. Since haymatlos persons have no state citizenship, there isn't any state to decide about reciprocity. For this reason, haymatlos persons are exempted from reciprocity principle.
b. According to the article 7/2 of "Convention on Legal Situation of Refugees" dated July 28, 1951 and ratified by Turkey with the law dated August 26, 1961 and numbered 359, the refugees are exempted from reciprocity principle in a country after three years of residence. The refugees in Turkey are also subjected to the same provision. It is enough for refugees to prove this situation with an official document for exemption.
c. According to the article 8/E of the Law for Encouragement of Tourism numbered 2634, foreign real and legal persons who want to make investment for tourism objective in Turkey, can acquire real estate by the decision of the Council of Ministers in tourism areas and centers being exempted from reciprocity principle and restrictions formulated for foreigners.

I.3.LEGAL RESTRICTIVE PROVISIONS
The second condition for real estate acquisition of foreign real persons in our country is to comply with restrictive provisions involved in law. Some restrictions are involved in our laws concerning real estate acquisition of foreigners. These restrictive provisions are as follows:
a. According to regulations involved in the Military Forbidden Zones and Security Zones Law numbered 2565 which restricts geographically real estate acquisition of foreigners in our country, it is not possible to sell, transfer and rent real estate located within military forbidden zones and security zones, to foreign real and legal persons.
b. According to the article 35 of the Land Registry Law numbered 2644, foreign real persons can not acquire real estate more than 2,5  hectares in our country, however for acquisition up to thirty hectares, decision of the Council of Ministers is required. Legal inheritance is exception of this rule.

 

I.B. REAL ESTATE ACQUISITION OF FOREIGN trade companies having legal personality IN TURKEY
Companies having legal personality established in foreign countries according to the laws of these countries can acquire real estates and limited real rights on real estates in Turkey according to the provisions of special laws.
Relevant special laws:
- Law for Encouragement of Tourism numbered 2634
-  Petrolium Law numbered 6326
- Industry Regions Law numbered 4737
In case of establishing mortgage in Turkey in favor of foreign real persons and trading companies having legal personality established in foreign countries according to the laws of these countries the conditions and restrictions set out in first and second paragraphs shall not be applied.
With the exception of foreign real persons and trading companies having legal personality established in foreign countries according to the laws of these countries, no one can acquire real estates and limited real rights on real estates in Turkey.

I.C.REAL ESTATE ACQUISITION OF FOREIGN CAPITAL COMPANIES
The expression of "foreign capital companies" is usually confused with the expression of "foreign company".
First of all, it should be stated that "foreign capital companies" are established according to the provisions of the Turkish Trade Law in Turkey and enrolled in Turkish Trade Register. In other words, these countries are subjected to the legal provisions of the Republic of Turkey. Only, the whole or part of their capital belongs to foreign real and legal persons. Availability of foreign shareholders within the company will not include it within the status of foreign legal personality; because nationality of the company and nationality of its shareholders are different matters.
The Law for Encouragement of Foreign Capital numbered 6224 and dated January 18, 1954 was repealed by Foreign Direct Investment Law numbered 4875 and dated June 5, 2003 that entered into effect being published in the Official Gazette numbered 25141 and dated June 17, 2003, new provisions were adopted to encourage and increase foreign direct investments, to protect rights of foreign investors, and to transform permission and ratification system to informative systems in realization of foreign investments.
With regard to the subject, a circular numbered 1363-100/841 and dated August 7, 2003 was announced to all our units through our regional directorates and it was stated that implementation would be carried out within the framework of the following statements.
By the Foreign Direct Investment Law numbered 4875, foreign investors are subjected to equal treatment with domestic investors; permissions and ratifications like investment permissions, company establishment permissions, were removed. Moreover, companies having legal personality that foreign investors participate in or establish, in our country, are allowed to acquire real estate or limited real rights in areas where acquisition of these rights is allowed for Turkish Citizens.
Companies established according to the repealed Law numbered 6224 or that will act according to the Law numbered 4875 which is about the activities of foreign capital companies in our country, are considered as companies of the Republic of Turkey, according to criteria of establishment place or administration center. For this reason, real estate acquisition and other demands concerning land register of foreign capital companies that either obtained activity permission according to the repealed Law for Encouragement of Foreign Capital or will act according to the Foreign Direct Investment Law numbered 4875, are concluded by relevant Land Registry Offices implementing the same methods and rules as for companies established according to the Turkish Trade Law, after examining authorization documents given by the Trade Register Authorities that indicate the competent person and competence for real estate acquisition of the company.

II.TRANSFER
It is free to transfer through banks and private financial institutions, revenue and value of sale earned from real estate and real rights acquired by foreigners with or without exchange of foreign currency.

III.AUTHORITY OF APPLICATIONS
By the article 26 of the Land Registry Law numbered 2644, the duty and authorization to regulate contracts concerning property and real rights excluding property were given to Land Registry Offices.
Foreigners who want to acquire real estate or benefit from real rights apart from property will make their applications to the Land Registry Office where the real estate is located.
Detailed information about the subject can be provided from the General Directorate of Land Registry and Cadastre.

IV. REQUIRED DOCUMENTS FOR APPLICATION
There is no difference between Turkish citizens and foreigners in terms of required documents for application.

IV.A. In terms of Real Persons,
a. Title deed of the real estate if available, otherwise a document indicating the city block and parcel of the real estate or verbal statement of the owner.

b. Identity card or passport of foreigner given by his/her own country and two small photographs.

c. If the person applying for demand is representative, a power of attorney of the representative, and identity card with photograph, two small photographs of the representative, and if some of the purchasers are not present during the transaction, identity card with photograph, two small photographs and power of attorney of the representatives that represent the purchasers, are required.

IV.B. In terms of Legal Persons

a. Companies established according to the Foreign Direct Investment Law numbered 4875 will show competence document given by Turkish Trade Registry, a document given to the person assigned basing on this, and signatures certificate.

b. Foreign trading companies established in foreign countries according to their laws are required, in compliance with the legislation of their country, to show a document having the effect of competence document given by relevant authorities.

With regard to charges and taxes required to be paid in the course of transactions, there is no difference between persons of foreign nationality and citizens of the Republic of Turkey. However, when asking the competent military post to determine whether the real estate demanded by real or legal person of foreign nationality is located out of Military Forbidden Zones and Security Zones or not, if any control in the field is needed to mark on map of 1/25000 scale where the real estate is, a kind of service value will be paid according to transaction named “showing the parcel in its place.”

Address:

Tapu ve Kadastro Genel Müdürlüğü
Yabancı İşler Dairesi Başkanlığı
Dikmen Yolu-ANKARA

CIRCULARS ABOUT REAL ESTATE ACQUISITION OF FOREIGNERS

Dates: August 13, 2003-October10, 2003
Numbers: 2003/10, 2003/12-1569

By article 35 of the Land Registry Law numbered 2644 and dated December 22, 1934 that was amended by article 19 of the Law numbered 4916 and dated July 3, 2003 that entered into effect being published in the Official Gazette numbered 25173 and dated July 19, 2003, new provisions have been brought about real estate and limited real right acquisition of foreign real persons and trading companies having legal personality and established in foreign countries according to the laws of these countries and by article 38 of the mentioned Law, article 87 of the Village Law numbered 442 and dated March 18, 1924 and article 36 of the Land Registry Law numbered 2644 and dated December 22, 1934 was repealed.

By the new regulation, the right to acquire real estate within the boundaries of Turkey has been given to foreign real persons and trading companies having legal personality and established in foreign countries according to the laws of these countries on conditions of being reciprocal and complying with legal restrictions, and by the removal of article 87 of the Village Law numbered 442 that was among legal restrictions, in villages real estate acquisition of foreign real persons and trading companies having legal personality has become possible. Moreover, article 36 was repealed and its content was added to article 35, but no amendment was made in the Military Forbidden Zones and Security Zones Law.

Furthermore, implementation of reciprocity principle was reevaluated and though it must be practical in implementation, instead of exact equivalence it was taken as a basis that the rights given by a foreign country for real estate acquisition of its own citizens or trading companies having legal personality and established in foreign countries according to the laws of these countries should also be given to citizens and trading companies of the Republic of Turkey.

According to article 35 of the Land Registry Law;

-real estate owned through legal inheritance by citizens of countries that do not have reciprocity with our country, and real estate in areas that are subjected to legal restrictions are converted to value by means of liquidation after their transfer transactions are made,

-real estate acquisition is limited by thirty hectares for foreign real persons, with the exception of legal inheritance, and trading companies established according to the laws of foreign countries. Real estate acquisition more than thirty hectares depends on permission of the Council of Ministers. Real estate acquisition by means of transactions depending on death apart from legal inheritance is also limited by thirty hectares and permission of the Council of Ministers is required to acquire more than thirty hectares. If permission is not given the exceeding part is converted to value by means of liquidation,

-in case of limited real right registration, in our country, in favor of foreign real persons and trading companies established according to the laws of foreign countries, reciprocity will not be stipulated,

-and the Council of Ministers is the authority to determine where this article will not be implemented with regard to public interest and state security.

In compliance with these provisions ;

1- A list of countries that have full reciprocity with our country about real estate acquisition has been annexed(annex-1). The demands of foreign real persons who are citizens of countries indicated in this list will directly be concluded by the Land Registry Offices, after asking the competent military posts whether the demanded real estate is out of military forbidden zones and security zones and receiving a response that it is out of military forbidden zones and security zones.

The demands for real estate acquisition of citizens of countries(Annex-2) that do not have reciprocity with our country will directly be refused by Land Registry Offices without making any correspondence.

The demands for real estate acquisition of citizens of countries that haven't been included in the annexed lists, will be sent to the General Directorate together with required documents and will be concluded in accordance with the given instruction.

Since real estate acquisition of foreign trading companies having legal personality and established in foreign countries according to the laws of these countries depends on conditions

of being reciprocal and complying with legal restrictions, the demands of these countries for real estate acquisition will be sent to the General Directorate and concluded in accordance with the given instruction.

2- In case of real estate acquisition by means of legal inheritance by citizens of countries that do not have reciprocity with the Republic of Turkey in terms of real estate acquisition, the transfer transactions of the real estate will be done and the related persons will be notified that the real estate in question is subjected to liquidation, and for its liquidation the relevant institutions will be announced, and this will be stated in the ‘explanations section' of page allocated for the real estate.

If the real estate is located within the military forbidden zones and security zones, relevant military posts will be announced for its liquidation by means of expropriation.

3- Since real estate acquisition of foreign real persons and trading companies having legal personality and established in foreign countries according to the laws of these countries has been limited by thirty hectares and permission of the Council of Ministers is required for acquisitions exceeding 30 hectares, such demands will be sent to the General Directorate to be evaluated.

Furthermore, although the limitation about not acquiring more than thirty hectares in the whole country will be controlled through the transactions that will be sent to the General Directorate, during the transactions carried out by Land Registry Offices it is required that foreign real persons and trade companies having legal personality and established according to the laws of foreign countries that demand real estate acquisition to state, in contractual transactions on title deed and in other transactions excluding legal inheritance on document for registration demand, that “Including this one , the total real estate acquired by me or by the company that I represent, within the boundaries of the Republic of Turkey does not exceed thirty hectares. Otherwise I state that I accept the exceeding part to be liquidated and converted to value without any reservation or condition.”

4- Real estate transactions of foreign capital companies, established in our country according to the Foreign Direct Investment Law numbered 4875 or the repealed Law for Encouragement of Foreign Capital numbered 6224, like buying or selling will directly be concluded by Land Registry Offices.

5- In case of registration of limited real rights, included in the Turkish Civil Law numbered 4721, in favor of trading companies established in foreign countries according to the laws of these countries the transactions will be concluded without stipulating reciprocity.

CIRCULAR ABOUT FOREIGN DIRECT INVESTMENT  

Date: August 7, 2003

Number:2003/9-1566

The Law for Encouragement of Foreign Capital numbered 6224 was repealed by the Foreign Direct Investment Law numbered 4875 and dated June 5, 2003 that entered into effect being published in the Official Gazette numbered 25141 and dated June 17, 2003.

By the Foreign Direct Investment Law numbered 4875, foreign investors have been subjected to equal treatment with domestic investors, ratifications and permissions like investment permission, company establishment permission were removed and it has been regulated that it is free for companies having legal personality that foreign investors participate in or establish in Turkey, to acquire real estate property or limited real rights in areas where Turkish citizens can acquire real estate.

Companies established according to the Law numbered 4875 are not foreign companies but Turkish companies having foreign capital that are subjected to the rules of Turkish Commercial Law. Therefore, by the new regulation, domestic and foreign capital companies subjected to the rules of the Turkish Commercial Law are also subjected to the same procedure for real estate acquisition as in other fields.

As a consequence of this regulation, in real estate acquisition of Turkish companies having foreign capital as for other Turkish companies, whether real estate acquisition is within the comprehension of objectives and activities of the company or not, will be decided by checking competence document received from Turkish Trade Registry and the demand will be concluded in the local Land Registry Office.

It must be stated in the competence document received form Turkish Trade Registry that the company is established according to the Law numbered 4875 if it is established according to this law.

Address:

Tapu ve Kadastro Genel Mudurlugu,
Yabancı İşler Dairesi Başkanlığı
Dikmen Yolu-ANKARA

Tel: (312) 413 68 53 (Director)
(312) 413 68 80
(312) 413 68 85
(312) 413 68 86
(312) 413 68 87


Annex1:

Countries Which Have Full Reciprocity With Turkey In Terms Of Real Estate Acquisition

1. Andorra
2. Argentina
3. Australia
4. Austria
5. Bahamas
6-Bahrain
7. Bangladesh
8. Barbados
8. Belgium
9. Belize
10. Benin
11. Bolivia
12. Bosnia-Herzegovina
13. Botswana
14. Brazil
15. Cameroon
16. Canada
17. Cape-Verde
18. Central African Republic
19. Chile
20. Colombia
21. Costa Rica
22. Cote D'Ivoire
23. Croatia
24. Denmark
25. Ecuador
26. El Salvador
27. England
28. Estonia
29. Finland
30. France
31. Gabon
32. Germany
33. Ghana
34. Guinea
35. Grenada
36. Guatemala
37. Guyana
38. Haiti
39. Honduras
40. Hungary
41. Ireland
42. Israel
43. Italy
44. Jamaica
45. Japan
46. Korea,South
47. Latvia
48. Liechtenstein
49. Lithuania
50. Luxembourg
51. Malawi
52. Malaysia
53. Mali
54. Malta
55. Mauritania
56. Mauritius
57. Mexico
58. Monaco
59. Mozambique
60. Netherlands
61. New Zealand
62. Nicaragua
63. Nigeria
64. Norway
65. Panama
66. Paraguay
67. Peru
68. Philippines
69. Poland
70. Portugal
71. San Marino
72. Senegal
73. Singapore
74. Somalia
75. South African Republic
76. Sri Lanka
77. Spain
78. Swaziland
79. Sweden
81. Switzerland
82. Tanzania
83. The Republic Of Dominic
84. Turkish Republic Of Northern Cyprus
85. United States Of America
86. Uruguay
87. Venezuela
88. Yugoslavia(Serbia-Montenegro)

 

Annex - 2

Countries Which Do Not Have Reciprocity With Turkey In Terms Of Real Estate Acquisition

1. Afghanistan
2. Algeria
3. Armenia
4. Burma
5. Cambodia
6. Cuba
7. Czech Republic
8. Eritrea
9. Ethiopia
10. Fiji
11. Iceland
12. India
13. Indonesia
14. Iraq
15. Korea,North
16. Kuwait
17. Laos
18. Libya
19. Maldives
20. Mongolia
21. Nepal
22. Niger
23. Oman
24. Papua New Guinea
25. Qatar
26. Saudi Arabia
27. Sudan
28. Suriname
29. Thailand
30. Tunisia
31. United Arab Emirates
32. Vietnam
33. Yemen

Annex-3

Countries Which Have Reciprocity With Turkey In Terms Of Only Building Acquisition

1-Azerbaijan
2-Belarus
3-Chad
4-China
5-Egypt
6-Georgia
7-Iran (With The Conditions Of Five- Year Residence And Permission Of Relevant Ministries)
8-Jordan
9-Kazakhistan
10-Kenya
11-Kyrgizistan
12-Macedonia
13-Moldovia
14-Morocco
15-Namibia
16-Romania
17-Russian Federation
18-Slovakia
19-Slovenia
20-Tajikistan
21-Turkmenistan
22-Uganda
23-Ukrain
24-Uzbekistan

Annex-4

Countries The Citizens Of Which Can Acquire Real Estate In Turkey With Permission Of Ministry Of Interior And Ministry Of Foreign Affairs.

1-       Djibouti
2-  Lebanon
3-  Pakistan
4- Togo
5- Trinidad And Tobago

 

Any information contained in Evbazar.com, including the above, is intended as a reference only, and does not constitute either professional or legal advice.  Evbazar.com recommends the use of a lawyer in all matters pertaining to the purchase or rental of property in Turkey.  Evbazar.com expressly disclaims any liability for claims arising from the use of any information contained on the site.  For more information, please see the Evbazar.com Terms and Conditions.

 

 

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