05.12.2025 14:15
In shared title deeds, the "right of first refusal (shufa right)" that comes into play after the sale is completely lost if not exercised within the 90-day definitive period that begins with the receipt of the notary notification. Experts warn that shareholders who miss this process will no longer have the opportunity to contest the sale.
The "pre-emption right" (shufa right), which is of great interest to citizens with shared title deeds, is still unknown to many. This right, which comes into play during sales between partners, is completely lost if not exercised within the 90-day definitive period that begins with the notification from the notary.
WHAT IS THE PRE-EMPTION RIGHT (SHUFA RIGHT)?
In properties subject to shared ownership, if one of the shareholders sells their share to an outside person, the other shareholders are granted the right to purchase this sale as a priority. This practice, known in law as the "shufa right," officially begins to operate with the notification of the sale to the shareholders through the notary.
THE PERIOD IS 90 DAYS
After the notary notification reaches the shareholder, a 90-day legal period begins. Shareholders who do not apply to the Peace Court within this period are considered to have waived their pre-emption right by law. Experts warn that "no application made after the period has expired is legally valid."
HOW DOES THE LEGAL PROCESS WORK?
A shareholder wishing to exercise the pre-emption right can file a lawsuit at the Peace Court in the location of the property after the sale notification. The shareholder, who states in the lawsuit petition that they are ready to pay the sale price, can take the relevant share in their name with the court's approval. At this point, the most critical factor is that the period is continuous and cannot be extended.
ALL RIGHTS ARE LOST WHEN THE PERIOD EXPIRES
When the sale is notified to the shareholders through the notary, there is only a 90-day period for the pre-emption right. If no application is made to the court within this period, the shareholder's right to object to the sale is completely eliminated.
Experts emphasize that to avoid loss of rights, the process must be carefully monitored from start to finish, and necessary legal steps should be taken in a timely manner.