Hiding The Defects Of The Immovable Sold With Severe Defect Or Fraud

26 Apr Hiding The Defects Of The Immovable Sold With Severe Defect Or Fraud

With the Law No. 6502 on Consumer Protection, the responsibility of the seller for the defective goods is regulated. According to the law, the seller is obliged to deliver the goods to the consumer in accordance with the contract of sale.

The seller is obliged by law to ensure that the goods are delivered to the consumer within six months of the date of delivery. In this case, the burden of proof that the goods are not defective is imposed on the seller by the law. In cases where it is proved by the seller that the consumer was aware of or expected to be aware of the defect at the time of the contract’s establishment, there is no breach of the contract. Other than this, the consumer’s electoral rights against the shame reserved.

If the seller is aware that the goods sold to the consumer are defective, the consumer has the right to return from the contract by declaring that he is ready to return the goods sold, to detain the sold and request a discount on the sale price at the rate of disgrace, to request free repair of the sold at all costs to the seller, if possible, One of these optional rights may be exercised by the consumer. The seller is obliged to fulfill the consumer’s preferred right of choice within the rules of honesty and good faith which the consumer has preferred.

The statute of limitations on the seller’s debt against the liability is regulated separately in the law. TKHK 12. The following regulations regarding the statute of limitations are included in the article.

“(1) unless a longer period is specified in the law or in the contract between the parties, liability for defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect occurs later. This period is five years from the date of delivery of immovable property for residential or holiday purposes.

(2) the responsibility of the seller for the defective goods in second hand sales with the third paragraph of Article 10 of this law shall not be less than one year, and for the immovable property for residential or holiday purposes shall not be less than three years.

(3) the statute of limitations shall not apply if it is concealed by gross negligence or deception.”

TKHK 12. In all of the regulations regarding the statute of limitations in the article, it is clear that the seller’s liability period against the defect is kept longer than other goods in the sale of real estate for residential or holiday purposes. However, this distinction was excluded by the legislator in the case of gross negligence or deception of the seller. If the goods are subject to sale without giving importance to the quality of the goods, the goods are hidden by the seller’s shame, severe defect or cheating in this case the seller cannot benefit from the provisions of the statute of limitations. Regardless of how long it has been since the sale, the consumer can always exercise his / her electoral rights. The seller has an indefinite responsibility for the fault. This provision of the law, clearly organized in the tkhk, also applies to concrete disputes with the established case law of the Supreme Court.

Supreme Court 13. Law Department 2015/22960 e 2016/15328 K decree dated 16.6.2016;

“Law No. 4077 No. 4. Article 2. in accordance with the provisions of the paragraph, the consumer is obliged to notify the seller of the obvious defects within thirty days from the date of delivery of the goods. In this case, the consumer has the right to return from the contract, including the return of the price, to replace the goods with the same amount or to request a discount or free repair at the rate of the defect. The seller is obliged to fulfill this demand, which the consumer prefers. There is no provision in the law on Consumer Protection regarding how soon hidden defects will be notified to the seller. As such, Tkhk’s 30 No. 4077. according to Article 198 of the Code of Obligations No. 818 on this subject, in cases where there is no provision in this law, a settlement of the dispute is required according to the general provisions. the clause will be applied. In this case, the information of an average consumer should be taken into account if it is determined whether the fault is clear or confidential. If it neglects to do so, it is deemed to have accepted the sale together with this shame.4 Of Law No. 4077. Article 4.in the paragraph, the statute of limitations on residential sales is stipulated as five years. If the offence is concealed by gross negligence or deception, the statute of limitations cannot be used, and the case will be concluded by the admission that it is within the duration of the trial.”