Statute of Limitations on Hidden Defects | Hidden Defects and Statute of Limitations | Attorney Mustafa Yolcu
What is a hidden shame?
Law No. 6502 on Consumer Protection Within this scope, defective goods are defined as goods that, at the time of delivery to the consumer, are inconsistent with the contract because they do not conform to the sample or model agreed upon by the parties, or because they do not possess the characteristics they should objectively have.
Law No. 6502 TKHK Under the Consumer Protection Law, goods that do not possess one or more of the characteristics stated on their packaging, label, instruction manual, internet portal, or in advertisements and announcements; that are contrary to the quality declared by the seller or determined in the technical regulation; that do not meet the intended purpose of comparable goods; or that contain material, legal, or economic deficiencies that reduce or eliminate the benefits that the consumer can reasonably expect are also considered defective.Article 8)
Gizli ayıp ise ürünün basit bir inceleme neticesinde anlaşılmayacak mahiyette olan eksiklik veya uygunsuzluklar olarak ifade edilebilir. “Defects that are necessitated by the circumstances and cannot be detected through inspection are considered hidden defects. The buyer is not obligated to investigate hidden defects, but must report them as soon as they become apparent.” (YAVUZ, Nihat: Ayıplı İfa, Ankara 2010, 2. Baskı, sh. 107).
Obligation to Report Hidden Defects
Law No. 6502 on Consumer Protection does not include any provisions regarding the notification of defects; the regulations within this law are valid only within the scope of consumer transactions. In processes outside of consumer relations, the regulations in the Turkish Code of Obligations apply, and there is an obligation to immediately report hidden defects.
Statute of Limitations for Hidden Defects
| Overall Duration | The statute of limitations for defects arising within the scope of consumer relations expires unless a longer period is agreed upon by the parties. 2 (two) years It has been determined as follows. |
| In Residential or Holiday Properties | The statute of limitations for residential or holiday properties begins from the date of delivery of the property. for five years. |
| Second Hand Sales | Seller's liability for defective goods in second-hand sales from one year, in the case of residential or holiday properties It cannot be less than three years. |
| If there is gross negligence or fraud | If the defect is concealed through a gross fault or fraud, the statute of limitations provisions apply. not applicable. |
Unlike the old consumer law, the Consumer Protection Law No. 6502 stipulates a statute of limitations of 2 (two) years, without distinguishing between hidden and apparent defects.
For detailed information or questions you can visit Contactpage.
For our other articles prepared under the Consumer Protection Law No. 6502 (TKHK);
- How to Apply to the Consumer Arbitration Board? Consumer Rights
- What Rights Does the Consumer Have if the Purchased Goods Are Defective?
- Consumer Arbitration Committee 2021 Monetary Limit Increased
- Customer Service Time Should Not Exceed 65 Seconds!
- Do I Have to Pay a Credit Card Annual Fee? What Fees Can Banks Charge You?
- Right of Withdrawal
- What Is a Pre-Information Form?
- Passenger Rights in the Event of Flight Cancellation or Delay
- Statute of Limitations for Hidden Defects
- Consumer Arbitration Board Threshold for 2023
- Consumer Rights Regarding Defects in Residential Properties
- What are the General Terms and Conditions?
- What is a Distance Selling Agreement?
- Consumer Rights in Case of Vehicle Depreciation
- Responsibility of Shopping Websites
- What is malpractice?
- Can passengers whose flights are delayed claim compensation?
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