The Law No. 6502 on Consumer Protection regulates the seller’s liability for defective goods. According to the law, the seller is obliged to deliver the goods to the consumer in accordance with the contract of sale.
It is accepted by the seller in accordance with the law that the defects arising within six months from the date of delivery of the goods to the consumer exist on the date of delivery. In this case, the burden of proving that the goods are not defective has been imposed on the seller by law. If it is proved by the seller that the consumer is aware of the shame at the time of the establishment of the contract or that it is expected of him to be aware of it, there will be no violation of the contract. Other than this, the consumer’s electoral rights are reserved against the shame.
If it is understood by the seller that the goods sold to the consumer are defective, the consumer has the right to return to the contract, to request a discount on the sale price at the price of a defect, to request a free repair of the goods sold at the seller’s own expense, if it does not require excessive costs, and, if possible, to request that the goods be replaced with a defective one by notifying that he is ready to return the goods sold. One of these selective rights can be exercised by the consumer. The seller is obliged to fulfill the consumer’s preferred right of choice within the rules of honesty and goodwill, whichever right of choice the consumer has preferred.
The statute of limitations on the seller’s liability for monopolization against the bearer is also regulated by law. TKHK 12. The following regulations regarding the statute of limitations are included in the article.
“(1) the law or a longer period of time determined in the contract between the parties is not the responsibility for the defective goods shame, then, even though it appeared to the consumer, subject to a limitation period of two years from the date of delivery of goods is subject to. This period is five years from the date of delivery of real estate for residential or holiday real estate.
(2) Except for the third paragraph of Article 10 of this Law, the seller’s liability for defective goods in second-hand sales cannot be less than one year, and for residential or holiday real estate cannot be less than three years.
(3) The provisions of the statute of limitations shall not be applied if it is hidden by shame, gross defect or fraud.”
TKHK 12. In all of the regulations made in the Article regarding the statute of limitations, it is clear that the seller’s liability period for loss in the sale of residential or holiday real estate is kept longer than for other goods. However, the fact that the error was hidden by the legislator through the seller’s gross defect or fraud was excluded from this distinction. If the goods subject to sale are hidden by the seller with a defect, serious defect or fraud, regardless of the nature of the goods, in this case, the seller cannot take advantage of the provisions of the statute of limitations. Regardless of how long it has been since the sale, the consumer can always exercise his/her rights of choice. The seller has an indefinite liability for the loss. This provision of the law, which is clearly regulated in the TKHK, is also applied to concrete disputes with the established case law of the Supreme Court of Cassation.
Supreme Court 13. Law Department 2015/22960 E 2016/15328 K dated 16.6.2016;
“Article 4 of Law No. 4077. article 2. according to the provision of paragraph; The consumer is obliged to notify the seller of obvious defects within thirty days from the date of delivery of the goods. In this case, the consumer has the right to withdraw from the contract, including the refund of the price, replace the goods with a defective one, or request a price reduction or free repair at a defective rate. The seller is obliged to fulfill this request, which the consumer prefers. There is no provision in the Law on Consumer Protection on how soon hidden offenses will be reported to the seller. As such, Article 30 of the TKHK No. 4077. in accordance with Article 198 of the Code of Obligations No. 818 on this issue, since in cases where there are no provisions in this law, the resolution of the dispute is necessary in accordance with the general provisions. the article will be applied. Therefore, hidden faults should be reported immediately (as soon as possible in accordance with the honesty rule) within the statute of limitations of the case and after the fault has been revealed; if the fault is obvious or hidden, the information of an average (mediocre) consumer should be taken into account. If he neglects this, he is considered to have accepted the seller together with this shame.4 Of the Law No. 4077. article 4.in its paragraph, the statute of limitations on housing sales is stipulated as five years. If the shame is hidden by a serious defect or trickery, the statute of limitations will not be used, so it will be concluded by accepting that the case is in the process of being filed.”
