According to the Motor Vehicle Dealers Federation (MASFED) data, there are approximately 70 thousand motor vehicle dealers operating in Turkey and an average of 10 million vehicles change hands each year. However, irregularities in this vast market put both consumers and the sector in a difficult position. Dr. Lecturer Erhan Kanışlı from Yeditepe University Faculty of Law, Department of Civil Law, explains the problems frequently encountered in vehicle sales and the solutions to these problems.
Damage Recording and Mileage Resetting Problems
Dr. Kanışlı emphasizes that especially in second-hand vehicles, illegal practices such as hiding damage records, resetting the odometer, and not reporting manufacturing defects to the consumer are frequently encountered. The fact that such actions are encountered even in car galleries and dealers reveals the lack of control in the sector. Such irregularities can be punished with administrative fines by the Ministry of Trade and can result in severe sanctions such as cancellation of sales authorization certificates.
Consumer Rights and Remedies
There are legal remedies that consumers can follow against problems that arise after purchase. Dr. Kanışlı states that consumers have various rights within the framework of the Consumer Protection Law and the Turkish Code of Obligations if the defect in the vehicle is concealed. Consumers can exercise the following rights when they purchase a defective vehicle:
- Return the vehicle and claim the price
- Request a discount based on the defect rate
- Requesting the vehicle to be replaced with a perfect one
- Request a free repair
Legal Process and Zamanatomy
A consumer should notify the seller immediately after notifying them of a defect in the vehicle they purchased. However, if the seller fraudulently conceals the defect, the consumer has the right to claim their rights even if they neglected to notify. It is possible to resolve these disputes by applying to the Consumer Arbitration Board and the Consumer Court. Dr. Kanışlı reminds that as of 2024, disputes under 104 thousand TL should be directly applied to the Consumer Arbitration Boards, and disputes over this amount should first be referred to a mediator.
ZamThe details regarding its outline are as follows:
- The period during which the consumer can exercise his/her optional rights is two years from the delivery of the vehicle to the consumer.
- In cases where the defect is concealed by fraud, such as deleting the damage record or resetting the mileage, the limitation period does not apply.
- If a manufacturing defect or design defect of the vehicle causes harm to the physical integrity or property of the consumer, the consumer may claim compensation from the person selling the vehicle.
- At the same time, he can also claim compensation from the vehicle manufacturer and the person who imported the vehicle, if any, for damage to his belongings and bodily injuries.
In this context, the injured consumer may file a lawsuit against all of the parties liable for compensation, or he or she may file a lawsuit against only one or some of them.
Source: (BYZHA) Beyaz News Agency
