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The seller is under the obligation to realize the request selected by con-
sumer. In addition to the right of choice, the consumer shall also be
entitled to claim indemnity from the manufacturer-producer, in the
event that the defective good causes death and/or injury and/or dam-
ages to other properties in use.
Liability for Defective Goods
The manufacturer-producer, seller, dealer, agent, importer and the
lender who extends a facility in accordance with the fifth paragraph of
Article 10 shall be held jointly liable for the defective good and the
elective rights of the consumer. In the event more than one person is
responsible for the loss resulting from the defective good, these per-
sons shall be held jointly responsible. Not knowing that the sold good
was defective shall not relieve these persons from responsibility. The
manufacturer-producer, seller, dealer, agent, importer and the lender
who extends a facility in accordance with the fifth paragraph of Article
10 of Law No. 4077 or of the ninth paragraph of Article 10/B shall be
held jointly liable for defective goods and the consumer’s elective
rights provided in this article. Pursuant to paragraph 9 of Article 10/B,
the liability of the housing finance corporation who extends loans is
limited to one year commencing from the date of delivery and to the
amount of loan lent. It is regulated that even if the loans pursuant to the
ninth paragraph of Article 10/B are transferred, the liability of the first
lender housing finance corporation shall continue and the transferee
corporation shall be exonerated from liability. In the event that more
than one person is responsible for the damages caused by the defective
good, joint responsibility shall rise from statutory provisions. Not
knowing the defect existing in the sold good shall not exonerate from
this responsibility.
Statute of Limitations
Liability from defective goods is subject to a statute of limitations
of two years following the delivery of goods to the consumer even if
the defect appears later on, unless the persons responsible for defects
undertake a responsibility of defects for a longer period of time. The
statute of limitations is set forth as five years for immovable properties
used for residential and vacation purposes. Claims, which arise from
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NEWSLETTER 2012