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Where the request for free repair or exchanging the good with a
non-defective one constitutes unbalanced difficulties for the seller, the
consumer may use his right to terminate the contract or demand a dis-
count on the sale price proportional to the extent of the defect. While
determining if the request for free repair or exchanging the good with
a non-defective good constitutes unbalanced difficulties for the seller
or not, the value of the good without any defect, the importance of the
defect and whether or not the exercise of other rights would constitute
a problem for the consumer shall be taken into account.
Article 11 sets the term within which the request shall be per-
formed where the consumer opts for free repair or to exchange the
good with a non-defective good. Accordingly, the request shall be per-
formed within 30 business days at most following the date on which
the request is made of the seller, the producer or the importer, and if
the good itself is a residential or vacation real estate, then the request
shall be performed within 60 business days. However, the free repair
request of the consumer concerning the goods to be specified in the
attached list of the regulation that will be issued basing on Article 58
of Law No. 6502, shall be performed within the term prescribed in said
regulation. Otherwise, the consumer is free to use his other optional
rights.
Where the consumer opts to exercise his right to terminate the con-
tract or to request a discount on the price of the good sold proportion-
al to the defect, the full amount of price paid or the amount of the dis-
count made shall be refunded to him.
The party who fulfills the request made by the consumer shall
cover all costs incurred as a result of the consumer’s exercise of his
optional rights. The right to claim compensation in accordance with
the provisions of the Turkish Code of Obligations No. 6098 together
with one of these optional rights is reserved.
The Period of Limitation
The period of limitation is stipulated under Article 12. Pursuant to
said Article, unless a longer term is determined in other laws or in the
contract between parties, the limitation period for the liability for
defects, even if the defect appears later, is two years as of the delivery
of the good to the consumer. For residential and vacation real estate,
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