Sale of Real Estate through Mediation Agreement

Real Estate Sales are Possible with a Mediation Agreement. | Attorney and Mediator Gamze Gül Girgeç

Ortaklığın giderilmesi (izale-i şuyu) davası, birden fazla kişi arasında paylı veya elbirliği mülkiyetine konu olan taşınır ya da taşınmaz malların, taraflar arasında ortaklığının sona erdirilmesini amaçlayan bir dava türüdür. Bu dava, özellikle miras yoluyla kazanılan taşınmazlar üzerinde sıkça karşımıza çıkmaktadır. Taraflar, birlikte malik oldukları malların aynen taksimi ya da satış suretiyle paraya çevrilip bedelinin paylaşımı şeklinde sonuçlanmasını talep edebilirler.

These types of disputes usually arise because the parties cannot agree on the division of property. The disputing parties are then forced to file a lawsuit for the dissolution of the joint ownership (izale-i şuyu). Participation in joint ownership cases are, by their nature, complex and lengthy legal processes. Especially in cases involving immovable property, ensuring proper party representation, lengthy litigation processes, and the valuation, sale, and division stages of the property are time-consuming and can increase animosity between the parties in the long run. It is precisely at this point that the institution of mediation offers a quick and economical solution alternative to the parties in joint ownership dissolution cases.

In a partnership dissolution case, resolving the dispute between the parties through mediation, Official Gazette dated April 5, 2023‘With the amendments made to the Mediation in Legal Disputes Law No. 6325 by Article 37 of Law No. 7445 published in [Year], mediation has been made a prerequisite for filing a lawsuit. In other words, the parties are obliged to apply for mediation before filing a lawsuit. However, it is also possible for the parties to seek a solution to the dispute through voluntary mediation. If all parties apply together or accept voluntary mediation, the dispute can be resolved through an agreement document to be drawn up as a result of voluntary mediation without resorting to court.

According to the precedent set by the 7th Civil Chamber of the Supreme Court of Appeals on March 19, 2025, pursuant to Article 35 of Law No. 5235, in the process of dissolving a partnership, it is possible to carry out the sale transaction through auction with the agreement document to be prepared as a result of the mediation process. This provides significant time and financial savings for the parties. Furthermore, voluntary mediation offers citizens a faster and lower-cost solution without engaging in lengthy litigation processes, thus facilitating the pursuit of justice and saving on court costs. 

Therefore, based on mediation agreements that are duly prepared, enforceable, and based on the explicit will of the parties, it has become possible to sell the property through auction without filing a lawsuit for the dissolution of the partnership. This method offers a solution to the parties in a shorter time, while also enabling the resolution of disputes at a lower cost and without resorting to court proceedings.

Here are some other articles that might interest you:

Address: Nergis Neighborhood, Girne Boulevard No: 83, Floor 2, Apartment 2, Karşıyaka, İzmir

E-mail: info@efeshukuk.com

Phone: +90 534 415 52 56