In many second-hand vehicles purchased by consumers without defects, errors, accidents and unpainted in everyday life, defects that are not visible to the eye during sales appear later.
It is fixed by law that the consumer has electoral rights against this defective product and the consumer can exercise one of the electoral rights if the product purchased under the Law on Consumer Protection No. 6502 is defective or if the defects occur later.
Law No. 6502 on Consumer Protection No. 11. In the Article;
“ (1) If it is understood that the goods are defective, the consumer;
a) Returning from the contract by notifying that it is ready to return the sold,
b) Detain the seller and ask for a discount on the sale price at the rate of shame,
c) If it does not require excessive expenses, do not ask for a free repair of the sold one, including all costs belonging to the seller,
ç) If possible, do not ask to be replaced with a shameless amount of what has been sold,
he can exercise one of his electoral rights. The seller is obliged to fulfill this request, which the consumer prefers.”
According to the regulation made in the form of, if the seller turns out to be a shame, the buyer / consumer has the right to return from the contract, ask for a discount on the sale price at the rate of a shame, ask for a free repair of the sold one, and if possible, request that the sold one be replaced with a shameless one.
Consumer, by law, is entitled to these four elective, although without defect if purchased as a second hand vehicle is painted after the Supreme Court the right of the consumer is to be understood the need to use as he pleases four elective he did not allow the equity. In accordance with the Decision of the General Assembly of the Supreme Court of Law detailed below, it is accepted that the buyer can only claim the loss of value caused by the defect in the vehicle’s paint from the seller if it turns out later that the second-hand vehicle purchased without fault has been painted.
GENERAL ASSEMBLY OF THE SUPREME COURT OF LAW E. 2015/13-2692 and K. in its decision No. 2015/2487 dated 6.11.2015 ;
“… In this case, the consumer has the right to return from the contract, to re-view the service or to reduce the price at the rate of shame. If the consumer’s termination of the contract cannot be justified as a requirement of the situation, they are satisfied with a discount on the price. Together with one of these electoral rights, the consumer can also request compensation in accordance with the conditions set out in Article 4. The provider is obliged to fulfill this request, which the consumer chooses.
The concrete case was evaluated in the light of these principles and concepts: Plaintiff purchased by the party in the case of the vehicle, was delivered to the plaintiff on 18.06.2005, and that is used for a period of five years be requested by the party to be sold to the plaintiff of the vehicle due to vehicle inspections on 02.04.2010 at the end of the expert report, as described in the vehicle’s engine hood, right front fender, left door in the middle of the paint thickness on the thickness of the paint, it was determined that the standard was painted. This technical review each case subject to the vehicle that is defective even if the results of the trial are finalized by the plaintiff from the date of purchase of the vehicle until the date of having been used for a period of approximately five years, with the use of the vehicle affects vehicle does not have an attribute that the detected defect, considering this defect I think it’s an issue that affects only the value of the vehicle, the defendants will have severe consequences in terms of termination of the agreement, it is understood that when the value of the vehicle and the loss of value caused by the shame in the vehicle’s paint are compared, it will be fair to go down the path of compensation of the price in accordance with the shame instead of refunding the vehicle’s price.”
In the decision made by the General Assembly of the Supreme Court of Law, it was regulated that the buyer can only request a discount on the price in accordance with the shame, since the defects that are only present in the purchased used vehicle related to the paint do not directly affect the use of the vehicle and this defect is only a matter that affects the value of the vehicle. The Court of Cassation has found it contrary to the principle of fairness for the buyer/consumer to exercise their right to return from the contract and request a refund of the price. In that case, in used cars purchased without shame, if it turns out that the car has been painted afterwards, the buyer / consumer will only be able to claim the loss of value caused by the shame in the car’s paint from the seller.
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