Preliminary contract for real estate sale

Promise to sell of real property is a preliminary agreement that predominantly accepted in the doctrine, which empowers the parties to request the establishment of real property sales contract and imposes debt on both sides. The parties have a personal right to fulfil the debt arising from the contract with real property promise to sell contracts. This personal right does not qualify as a right in kind to the land registry with the annotation; however, it has power against third parties just like a right in kind. Real property promise to sell agreement is arranged officially, just like the real property sale contracts; however, unlike the real property sales contracts, the authorities regulating the promise to sell agreements are not the land registry officers and guards; are notaries. In the real property promise to sell agreements, the deed cancellation and registration case can be sued against the promise debtor who does not fulfil his debt and the debt can be requested to be fulfilled. Our study consists of three main sections. In the first part, an examination will be made on the establishment of the contract and especially on the characteristic and legal characterization of the real property promise to sell agreements. In the second part of our study, the provisions of the contract, the cases that the parties may sue against each other if the debt arising from the contract are not fulfilled, will be examined. In the last part of our study, evaluations will be made about which solutions can be used by the parties for the resolution of the dispute with the termination of the contract.