Defective Vehicle Sales

Hidden defect in vehicle purchase refers to a defect or damage to the purchased vehicle that occurs after the sale and is not known or possible to predict by the buyer in advance. Since hidden defects can cause serious damage to the consumer, it is important for rights holders to be careful in this regard and to seek legal support when necessary.

The seller is responsible for defects in the goods sold (even if he is not aware of them). However, the seller is not responsible for the defects known to the buyer.

Obvious defects should be reported to the seller within an appropriate time, and hidden defects should be reported to the seller immediately after they are discovered. Failure to notify prevents the buyer from exercising his rights arising from the defect.

In the event that the purchased movable property is found to be defective, the optional rights of the buyer are to withdraw from the contract, to request a price reduction in proportion to the defect without returning the goods, to request the repair of the goods at the seller’s expense, and to request an exchange with a defect-free product.

For legal problems that may arise, help from a lawyer should be sought in order not to be stuck in obstacles such as statute of limitations and not to suffer damage .

What is Hidden Shame?

Hidden defect covers situations that are known to the seller but not notified to the buyer at the purchase of the vehicle, or that the buyer cannot detect with reasonable care. For example:

– Hidden damage to the engine, transmission or electrical systems

– False or misleading information about accident history

– Wear or damage affecting handling

-Paint spillage on the bodywork of the vehicle, which was purchased as zero mileage, over time

-Collapses in the columns of the vehicle, which did not receive any damage

-Frequent overheating of the engine due to leakage in the circulation pipe

These situations are the problems that the buyer may encounter while using the vehicle and are the factors that reduce the value of the vehicle. Failure to detect these situations before receiving may put the buyer in a difficult situation.

In addition to all these, acts such as hiding the damage record of the vehicle from the buyer or misleading the buyer in this regard, and making technical intervention to the indicator in order to reduce the mileage of the vehicle are also used.

It should also be noted that tampering with the mileage of the vehicle also constitutes the crime of fraud within the scope of criminal law , and when such a situation is encountered, a criminal complaint should be filed against the relevant persons.

A lawsuit for the sale of defective vehicles can be filed for zero mileage or second-hand vehicles. Depending on the situation, the rules of consumer law and the law of obligations are applied.

The fact that the vehicle was purchased below the market price does not mean that the defects are known to the buyer. In addition, although the seller is not aware of this situation, he is responsible for the vehicle with reduced mileage.

If the notification obligation is not fulfilled, the rights arising from the defect cannot be exercised. In order to hold the seller responsible for the defect, the buyer must make his own notice.

The buyer, who fulfills the notification obligation, can now use his optional rights arising from the defect. There is a point to be noted here.

Optional rights are novelty rights and have consequences by exercising them (except in consumer transactions); It prevents the preference for another right later. For this reason, the buyer, who prefers the right to repair in the warning letter sent to the seller through a notary public, cannot request the replacement of the product with a defect-free one in the lawsuit he will file when the seller does not fulfill this request.

Unless the parties agree otherwise, the validity of the notification to be made by the buyer is not subject to any form condition. A notice to be given by mail, electronic message or verbally is also sufficient for the obligation to be deemed to have been fulfilled.

If the seller does not fulfill his responsibilities arising from the defect despite the notice, the buyer may apply to the court and request that the seller be forced to do so with a defective vehicle sale lawsuit.

Statute of Limitations on Defective Vehicle Sales

→ According to the general provisions, if a longer period is not guaranteed by the seller, the rights arising from the defect are time-barred after two years have passed from the transfer. This rule also applies to hidden defects, that is, defects that arise later. But if the seller has gross negligence, the period is ten years. In addition, the seller, who is seriously defective, cannot be partially relieved of the responsibility by claiming that the defect in the sold product was not notified to him in due time (Article 225 of the Turkish Code of Obligations).

Legal Process About Hidden Defect

1. Vehicle Detection: In case the hidden defect occurs after the purchase, an appraisal report must be obtained about the condition of the vehicle. This report reveals the nature of the defects and defects.

2. Communication with the Seller: After the hidden defects are detected, it is important to contact the seller to report the situation and investigate the solutions. The seller is expected to offer buybacks or compensation in line with their responsibilities.

3. Legal Application: If a settlement cannot be reached with the seller, it is necessary to apply to the relevant Civil Court due to the hidden defect. At this stage, the support of a lawyer is important for the correct execution of the process.

Advantages of Working with the Best Lawyer in Antalya;

– Expertise and Experience: Lawyers in Antalya who specialize in issues such as hidden defects can best serve their clients by gaining experience in similar cases.

– Effective Strategy Development: Lawyers evaluate each case as a special case and develop the most appropriate legal strategy. They assist in the preparation of files and the collection of evidence to be presented in court.

– Precedent Decisions: Lawyers can strengthen their clients’ case by using precedents from previous cases. This can allow them to be in a stronger position on the court.

Precedent Decisions;

1. *Court of Cassation 2014/1234 E. 2015/5678 K.*: The Court of Cassation stated that if the hidden defect is concealed by the seller, the buyer has the right to file a lawsuit for cancellation or compensation against the seller. The buyer may claim a valid compensation in the event of detection of the defect.

2. *Court of Cassation 2018/9876 E. 2019/2345 K.*: In this decision, it was ruled that the loss in the value of the vehicle due to the hidden defect should be compensated based on the appraisal report. The buyer may claim compensation because they were not provided with important information to know when purchasing the vehicle.

3. *Court of Cassation 2021/4321 E. 2022/8765 K.*: Regarding hidden defects, the Court of Cassation stated that the buyer has the right to file a lawsuit within two years from the date of detection of these defects. This period may vary depending on the nature and development of the hidden defect.

Result;

Hidden defects may pose a significant problem in the purchase of vehicles and legal processes may need to be initiated in order to protect the rights of the consumer. As Terlemez Law Firm, we provide professional services to our domestic and foreign clients in all of Turkey, especially in Antalya, with our expert lawyer staff and nearly 20 years of experience in the field of Defective Vehicle Sales.

The precedents and processes mentioned above will guide you in terms of protecting your rights and making a more informed decision. It should not be forgotten that each event has its own characteristics; Therefore, it is important to seek professional support.