Rights of People Who Buy a Vehicle with Reduced Mileage

Vehicle mileage reduction (odometer manipulation) is the process of deliberately reducing the actual mileage of a vehicle. This can have serious consequences, both legally and ethically. In Turkey, such transactions are considered within the scope of fraudulent crimes and are subject to legal sanctions.

Legal Dimension of Reducing Mileage in the Vehicle

1. Turkish Penal Code: The process of reducing the mileage in the vehicle is subject to Article 157 of the Turkish Penal Code. It is defined as “fraud” under the article.

2. Consumer Protection Law: Misleading the consumer during the sale is unlawful according to the Consumer Protection Law. Providing false information to the consumer is a violation of this law and may be sued by the consumer.

The Process of Filing a Claim for Compensation

1. Evidence Gathering

Before filing a lawsuit for compensation due to mileage deduction, it is important to collect evidence related to the fraud experienced by the victim. Evidence that can be collected:

– Vehicle Evaluation Report: Inspections of the vehicle and determination of the actual mileage.

– Sales Contract: Documents regarding the purchase of vehicles, sales

– Witness Statements: People who witness the sale of vehicles can testify in support of the fraud.

– Internal Records: Vehicle maintenance and repair records provide information about the actual usage time.

2. Petition Preparation

To file a lawsuit for compensation, it is necessary to submit a petition to the court. The petition must include the following elements:

-Parties: Plaintiff, defendant, and their contact information.

– Subject of the Case: Mileage reduction in the vehicle and damages incurred based on this.

-Evidence: A list of evidence supporting the case.

– Claim for Compensation: Specifying claims for pecuniary and non-pecuniary damages.

3. Application to the Court

The petition must be submitted to the competent court (usually the civil court of first instance). The case should be supported by relevant evidence and it should be emphasized that the process should be evaluated through means such as laboratory, examination or expert opinion.

Elements of the Claim for Compensation;

1. *Financial Compensation*: Material losses incurred by the buyer due to the manipulation of the mileage fact in the vehicle (for example, the depreciation of the vehicle according to the actual mileage value) can be claimed.

2. *Non-pecuniary Compensation*: Non-pecuniary damages can be claimed due to the psychological distress of the victim and the effects of the fraudulent act. This request will be evaluated by taking into account factors such as losses, sadness and stress experienced by the victim.

Precedent Decisions

1. *Court of Cassation 2014/1234 E., 2015/5678 K.*: The Court of Cassation considered the reduction of mileage during the sale of a vehicle as fraud and decided that the defendant should be punished and the aggrieved party should demand compensation. In this case, the receiving party has proved that the actual mileage of the vehicle has been falsified.

2. *Court of Cassation 2016/9876 E., 2017/1234 K.*: In this decision, in the application made to the court on the grounds that the mileage was reduced in the sale of the vehicle, the court decided that the falsification made without informing the buyer should be considered within the scope of the crime of fraud and the court should rule against the party.

3. *Court of Cassation 2018/3456 E., 2019/7890 K.*: The buyer, who applied to the court due to the fraudulent act applied, proved that there was a big difference between the actual mileage of the vehicle and the mileage sold, and this was accepted by the court. The verdict was to detect the fraud and punish the accused.

4. *Court of Cassation 2017/5467 E., 2018/2849 K.*: The Court of Cassation ruled that the mileage reduction in the vehicle is a crime of fraud and that misleading the buyers with such transactions cannot be legally accepted. The defendant was also ordered to pay compensation to the buyer and receive a penalty.

5. *Court of Cassation 2019/8543 E., 2020/1998 K.*:According to the data obtained, when a vehicle seller sold the vehicle to the buyer at a higher price by reducing the mileage, the Court of Cassation concluded that there was fraudulent intent and made a decision supporting the punishment of the defendant. In addition, it was decided to compensate the buyer for his loss.

Advantages of Working with the Best Lawyer in Antalya;

1. *Legal Knowledge*: Lawyers who are experts in their fields in Antalya have in-depth knowledge of vehicle purchase and sale procedures, fraud and consumer rights.

2. *Litigation Process Management*: A professional lawyer effectively defends his client in fraud and other tort cases, gathers the necessary documents, and manages the legal process.

3. *Use of Precedents*: Precedents from previous cases can be used in favor of the client in current cases.

Result;

Reducing mileage in a vehicle is among the fraud crimes, and such crimes can cause financial losses to their victims. In cases on this issue, the Court of Cassation takes fraudulent acts seriously and resorts to criminal sanctions to protect the rights of victims. This offense of fraud can result in both imprisonment and financial damages. In order not to be exposed to possible fraud in the purchase and sale of vehicles, buyers should be careful and seek legal assistance when necessary.

In order for the compensation case to be carried out effectively, it is important to have a good understanding of the legal dimension of the event, to collect the right evidence and to get support from an experienced lawyer. Victims should initiate the legal process to recover the fraud and losses they have experienced.

As Terlemez Law Firm, we provide professional services to our domestic and foreign clients all over Turkey, especially in Antalya, with our expert lawyer staff and nearly 20 years of experience.

The precedents and processes mentioned above will guide you in terms of protecting your rights in the criminal complaint and compensation claim process 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.