A preliminary contract is an agreement that obligates one or both parties to enter into the main contract. For example, a promise to sell real estate is a preliminary contract. This agreement creates an obligation to enter into a contract for the sale of real estate in the future. This is regulated in Article 29 of the Turkish Code of Obligations. According to this article:
“Preliminary contracts regarding a contract to be concluded in the future are valid.
Except for the exceptions provided for by law, the validity of the preliminary contract depends on the form of the contract to be concluded in the future.
For a preliminary contract to exist, the future contract must be a contract of obligation.
A preliminary contract imposes an obligation on the parties to sign the main contract in the future. Therefore, the parties identified in the preliminary contract must declare their intention to sign the main contract. If the parties refuse to fulfill the obligation to sign the main contract arising from the preliminary contract—that is, if they refuse to declare their intention to sign the main contract—the court’s decision replaces the declaration of intent of the party refusing to sign the main contract.