Konutlardaki Ayıplardan Ötürü Tüketicinin Hakları – İzmir Avukat
What is a defective product?
We frequently hear that many new buildings have been destroyed or severely damaged as a result of the recent violent earthquakes. Especially when consumers purchase housing from contractors or similar companies, the Consumer Protection Law applies in such cases.TKHKThe provisions of this law will find application.
A defective product is one that, at the time of delivery to the consumer, does not conform to the sample or model agreed upon by the parties, or... Goods that are in breach of contract because they do not possess the characteristics they should objectively have. It has been defined as such. In our country, which is prone to earthquakes, it is undeniable that buildings constructed in violation of the relevant earthquake legislation do not possess the objective characteristics they should have.
For how long is the contractor responsible?
Under the Consumer Protection Law, sellers are liable for defects in real estate for 5 (five) years. In this case, the contractor may be held liable for defects occurring in the building for a period of five years. However, the defect in question..., If the information has been concealed through gross negligence or fraud, the statute of limitations provisions do not apply. For buildings constructed in violation of relevant regulations, and due to defects and negligence that should not have been committed by a competent and honest contractor, gross negligence should be considered.
Limiting the Contractor's Liability by Contract
Furthermore, even if the contractor's or seller's responsibilities are limited by a written contract between the parties, it is highly likely that these will be considered null and void under the Consumer Protection Law and the Regulation on Unfair Terms. Under the legal regulations concerning unfair terms, clauses that unilaterally restrict consumer rights and damage the relationship between the parties will be considered null and void under the law.
What are consumer rights?
If a consumer encounters a defective product, they can exercise the optional rights granted to them by law. These are: a) By declaring their willingness to return the purchased item. termination of contract, b) Keeping the sold item and reducing the amount of the defect. discount from the sale price c) Provided it does not require excessive expense, all costs shall be borne by the seller. free repair of the sold item c) If possible, the sold item requesting its replacement with a faultless equivalent This is listed in the law.
Mandatory Mediation Application
For legal disputes exceeding 66,000 TL, consumers are required to first apply for mediation; filing a lawsuit without first applying for mediation will result in the dismissal of the case. In today's economy, it is highly unlikely that any property will escape this monetary limit. Therefore, we strongly remind you that if you intend to file a lawsuit in consumer courts regarding a property damaged due to an earthquake, you must first apply for mediation.
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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