What is the Right of First Refusal? (TMK 732 Pre-emption Guide 2026)
The question of what the right of pre-emption is, is among the most frequently asked topics in shared ownership relationships. Article 732 of the Turkish Civil Code provides significant protection to stakeholders. Thanks to this right, a stakeholder obtains the opportunity for priority purchase when a sale of a share in the immovable property occurs.
What is the Right of Pre-emption?
The right of pre-emption arises when one of the stakeholders in an immovable property subject to shared ownership sells their share to a third party. In this case, the other stakeholder purchases this share under the same conditions.
In short:
👉 The stakeholder gains priority over an outside buyer.
Furthermore, this right helps to protect the partnership. Thus, stakeholders limit the participation of strangers in the partnership.
The Right of Pre-emption According to TCC 732
The law grants a clear right to stakeholders. One of the stakeholders makes a sale, and the other stakeholders exercise their right of pre-emption against this sale.
For this reason, the system maintains the balance between stakeholders.
What Are the Conditions for the Right of Pre-emption?
The right of pre-emption arises under certain conditions. If these conditions are met, the stakeholder exercises their right:
- First of all, there must be shared ownership
- Additionally, a sale transaction must take place
- Furthermore, the sale must be made to a third party
- The stakeholder makes the purchase with the same price and conditions
- The stakeholder exercises their right through a lawsuit
Therefore, all conditions must be met simultaneously.
How is the Right of Pre-emption Exercised?
The stakeholder exercises their right of pre-emption by filing a lawsuit. In this process:
- The stakeholder files a lawsuit in the Civil Court of First Instance
- The stakeholder submits a request in accordance with the terms of the sale
Thus, the stakeholder obtains their right through legal means.
Deadlines for the Right of Pre-emption
The law clearly specifies the deadlines. The stakeholder pays attention to these periods:
- First, they file a lawsuit within 3 months after learning of the sale
- In any case, they exercise their right within 2 years from the sale
For this reason, keeping track of the deadlines correctly is of great importance.
What is the Purpose of the Right of Pre-emption?
Primarily, the system maintains the balance between stakeholders. Additionally, it limits the entry of foreign persons into the partnership. Furthermore, it guarantees the rights of existing stakeholders.
As a result, the right of pre-emption is a powerful tool that protects the shared ownership order.
Example Situations in Practice
In practice, the following situations frequently occur:
- A stakeholder sells their share to a third party
- Another stakeholder files a lawsuit against this sale
- The court bases its decision on the conditions of the sale
In this process, the stakeholder acts quickly and pays attention to the deadlines.
Conclusion
A clear answer to the question of what the right of pre-emption is:
Under TCC 732, when an immovable share is sold, the stakeholder exercises their right of priority purchase under the same conditions. Thus, the stakeholder maintains their balance within the partnership.
Frequently Asked Questions
It is the stakeholder's right of priority purchase for the other share.
It arises when the share is sold to a third party.
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