Things to Consider When Buying a Used Car

Important Considerations When Buying a Used Car | Lawyer in Izmir | Attorney Dilek Yavuz Uysal

Buying and selling used vehicles requires great care and attention, especially due to the rising prices in recent years. In large cities like Izmir, fraud, defective goods, or deficiencies in official procedures encountered when buying a vehicle can leave buyers disadvantaged. Therefore, attention should be paid to certain fundamental points, both in terms of consumer rights and the Law of Obligations.

1. Things to Consider When Buying a Used Car Things to be done

The following checks should be made before purchasing the vehicle:

• Is there a lien on the vehicle?
  This information can be obtained through e-government services or a notary public inquiry. A vehicle with a lien can be seized to cover the owner's debts.
• Is there a seizure or injunction order?
  The license plate can be verified through the General Directorate of Security or a notary public.
• Is there a stolen vehicle record or an arrest warrant?
  This information should be obtained from police records or reputable expert firms.

2. Mandatory Expert Appraisal Report (Legal Regulation)

According to the regulation that came into effect in 2020:

• Those selling vehicles for commercial purposes (car dealers) are required to obtain an expert appraisal report for vehicles under 8 years old and with less than 160,000 km.
• While not mandatory for individual sales, obtaining an appraisal report is strongly recommended..

3. Sales Contract and Liability for Defective Goods

• A sales contract must be drawn up during the sale transaction at the notary public.
• If the seller sold the vehicle in a defective condition (e.g., damaged in an accident, with an engine malfunction), they are liable under the Consumer Protection Law.
• If the vehicle has hidden defects that are discovered later, the buyer can seek redress within 6 months of the date of sale. In this case;
  • Cancellation of the sale,
  • Price reduction,
  • You can request repairs in return for the cost.

4. Notarization is Required for Vehicle Transfer.

• For the sale to be valid, the transaction must be conducted in the presence of a notary.
• Even if the parties exchange the money in cash, the sale is not legally valid without a notarized transaction.
• Payment is usually made by bank transfer just before the notary transaction.

5. Tax and Penalty Inquiries

Any outstanding vehicle tax (MTV) debts, traffic fines, or toll fees (OGS/HGS) should be checked before transferring ownership. These debts may be recouped from the buyer after the purchase..

In summary; When buying a used car in Izmir, both the buyer and seller should be aware of their legal rights and obligations; notary procedures, expert appraisals, and debt checks should be completed thoroughly. Being cautious is as important as acting in good faith. Seeking advice from a lawyer can prevent problems that may arise later.

Procedure to Follow If the Vehicle Does Not Meet the Conditions Stated in the Inspection Report

If in a vehicle purchase or sale defects stated in the expert report or Important information the seller has concealed If problems arise due to this, the buyer will be responsible. legal process It can be initiated by following specific steps. Here are the stages of the legal process you might encounter in such a situation:

1. Review of the Appraisal Report and Notification to the Seller

First step, carefully review the contents of the expert report and the problems identified. notify the seller in writing.. If the issues mentioned in the report apply to the vehicle accident history, technical malfunctions or changing parts If this is the case, it poses a serious risk to the buyer. Here are some possible actions to take:

• Sending the appraisal report to the seller. and the defects mentioned in the report that it constituted a breach of contract notify in writing.
• To the seller, these defects correction or price reduction requested.
• If the seller acknowledges the defects, repair of the vehicle or return It can be requested.

2. Rights According to the Consumer Protection Law

Consumer Law‘In cases where this law finds application, in the buying and selling of used vehicles, the buyer can exercise their rights due to "defective goods". defects stated in the expert report or hidden accident history situations such as, defective goods This is evaluated within this scope. In this case, the buyer may request the following:

• Cancellation Request: If the problems with the vehicle are serious and have been concealed by the seller, the buyer cancellation of the contract In this case, the buyer can get it from the seller. return the money he paid can request.
• Price Reduction Request: If there are any deficiencies or problems with the vehicle that need repair, the buyer price reduction They can request this. In this case, a price reduction should be applied, taking into account the problems with the vehicle.
• Vehicle Repair: If problems are detected in the vehicle repairable of that type, the buyer to be repaired can request.

3. Reaching an Agreement with the Seller

• Returning the vehicle: If the problems with the vehicle are extensive and the seller accepts the return request, the vehicle The item can be returned and a refund can be issued..
• Price Reduction or Repair: By negotiating with the seller, the vehicle to address shortcomings or price reductionAn agreement can be reached to ensure this.

This kind of compromise situation quick solution That's possible, but if the seller is unwilling to compromise, legal avenues it takes effect.

4. Notices and Litigation Stage

If the seller requests refund, price reduction or repair If the buyer rejects such requests, then in this case can initiate legal proceedings.

a. Sending a Warning Notice:

Buyer, You can send a warning letter to the seller through a lawyer.. A notice of default is a written application by the buyer to warn the seller. legal rights will be exercised It indicates. This is for the recipient. that he sent a legal claim and reminds the seller that they should take this situation seriously. (With a warning letter) return of the vehicle or price reduction can be requested. If the seller still does not provide a solution, the buyer filing a lawsuit It can go its own way.

b. Application to the Consumer Court:

If the dispute cannot be resolved and it falls under the scope of the Consumer Protection Law, the buyer You can apply to the Consumer Court.. In such cases, the buyer, as a consumer: If the problems with the vehicle are significant, return of the vehicle It can be claimed. If the vehicle is repairable, Decisions regarding repairs can be made. Price reduction or compensation It can be requested.

c. Civil Court of First Instance:

If the dispute, due to the nature of the parties involved, does not fall within the scope of the Consumer Protection Law, the buyer Civil Court of First Instance‘'can apply. In this case, the buyer greater compensations And compensation for damages They can file a lawsuit.

5. Statute of Limitations and Duration of Rights

According to the Consumer Protection Law, the buyer's rights due to defective goods Within 2 years should use it. If it is related to buying and selling a vehicle. if a contract has been made, The time periods specified in that contract will also apply. To claim compensation for defective goods... 2 years And 5 years There are time periods such as these. These periods without exceeding An application must be submitted.

In summary: If problems arise due to defects found in the vehicle after the inspection report and information concealed by the seller, the buyer can follow these steps:

• According to the expert report return or price reduction can request.
• With the seller compromise if it cannot be provided, legal process It can be started.
• Legal rights can be exercised by sending a formal notice.
• A lawsuit can be filed in the Consumer Court or the Civil Court of First Instance. Expertise report. It has a privileged importance And the buyer can exercise their legal rights based on this report. In this process... consumer rights It works in the buyer's favor.

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