370 / 521
this term is five years as of the delivery of the residential or vacation
property.
The seller’s liability for defective goods sold second hand cannot
be shorter than one year and cannot be shorter than three years for res-
idential and vacation real estate. Art.10/ 3 of the Law numbered No.
6502 is reserved.
However, if the defect is hidden with gross fault or fraud, the pro-
visions of prescription shall not apply.
Conclusion
The Law on Consumer Protection No. 6502, published on the
Official Gazette dated 28.11.2013 and numbered 28835 and which will
enter into force six months as of its date of publication, defines defec-
tive goods, and sets forth provisions regarding liability for defective
goods, the burden of proof, the optional rights of the consumer and the
periods of limitation.
It is accepted that defects occurring within 6 months as of the date
of delivery are deemed to have existed at the date of delivery. The bur-
den of proof that the good is not defective rests with the seller.
However, it is stipulated that this presumption is not valid where it does
not comply with the characteristics of the defect or the good.
The consumer has optional rights where it is revealed that the good
has defects. These rights are as follows: (i) to terminate the contract by
stating that he is ready to return the sold good, (ii) to request a discount
on the sale price proportional to the defect and keep the sold good, (iii)
to request the sold good to be repaired at the seller’s expense by bring-
ing all repair costs to the seller, if such costs are not excessive and (iv)
if possible, to request that the sold good be exchanged with a non-
defective one.
Unless a longer term is determined in other laws or in the contract
between the parties, the period of limitation 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, this term
is five years as of the delivery of said residential and vacation proper-
ty. The seller’s liability for defective goods sold second hand is one
year at least, while it is three years for residential and vacation real
estate.
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NEWSLETTER 2014