According to the Motor Vehicle Sellers Federation (MASFED), around 70,000 motor vehicle sellers are currently active in Turkey, with approximately 10 million vehicles being sold each year. However, irregularities in vehicle sales are causing difficulties for both consumers and the industry. Assist. Prof. Dr. Erhan Kanışlı, Assistant Professor and Vice Chair of the Civil Law Division at Yeditepe University Faculty of Law, mentioned that common issues include concealing accident histories, odometer tampering, and failing to inform consumers about manufacturing defects.
Cancellation of Sales Authorization Possible
Dr. Kanışlı noted that even reputable dealerships might engage in illegal practices, such as resetting odometers to misrepresent a vehicle's usage. These practices can lead to severe penalties from the Ministry of Trade, including cancellation of sales licenses.
Consumer Rights and Recourses
Assist. Prof. Dr. Kanışlı also detailed the legal actions consumers can take when faced with post-purchase issues. According to the Consumer Protection Law and the Turkish Code of Obligations, consumers have various rights, such as returning the defective vehicle for a full refund, demanding a price reduction proportional to the defect, requesting a replacement with a defect-free vehicle, or obtaining free repairs.
Legal Process and Statute of Limitations
The buyer should notify the seller as soon as a defect is discovered. If the defect was hidden by fraud, consumers can still claim their rights even if the notification is delayed. For such disputes, recourse to the Consumer Arbitration Board and Consumer Courts is available. Assist. Prof. Dr. Kanışlı highlighted that starting in 2024, for disputes below 104,000 TL, applications must be made directly to the Consumer Arbitration Boards, while higher-value cases first require mediation.
Assist. Prof. Dr. Kanışlı highlighted the importance of acting within legal time limits: "Consumers have two years from the delivery of the vehicle to exercise their optional rights. However, this period does not apply if the defect was fraudulently concealed, such as in erased damage records or tampered odometers. Suppose the defect poses a risk to the consumer's physical integrity or property. In that case, they can seek damages from the seller, the manufacturer, or the importer under the Product Safety and Technical Regulations Law. This scenario allows the affected consumer to bring claims against multiple responsible parties, either collectively or individually.