This article is a continuation of an article published on Monday and available on Today's Zaman's Web site. To briefly summarize a letter sent in by a reader: "I purchased a villa and upon visiting the property, water was cascading down most walls. During the last 12 months telephone calls, faxes and text messages have been completely ignored. During my latest visit we were advised that the real estate agency would visit the villa within the next few days. These days passed and no action was taken. Finally they agreed about the problem and arranged for the roof section to be replaced or repaired. Needless to say, nobody arrived." Are you a consumer? Transactions involving property purchase are consumer-related transactions if the sole reason for the purchase is to possess fixed property for dwelling purposes. Since this is the case for you, you are a consumer as defined by law, and the transaction is governed by the Consumer Protection Law.The problem you have with your property is defectiveness. According to the Consumer Protection Law, Article 4, the definition of a defective good is: "A product which contains material, legal or economic deficiencies which influence the quality, or the quantity that affects the quality, specified on the packaging, labeling, presentation or operating instructions or in the advertisements or notices, or declared by the seller or established in the standards or technical regulations, or decrease or eliminate its value or the benefits expected from such product by the consumer with respect to fitness, shall be deemed defective."
In such a case "the consumer shall notify the seller of the defect within 30 days following the date of delivery of the product." However, the same article states that "the statute of limitations for responsibility for the defective good is two years following the delivery of the good to the consumer even if the defect appears later, unless those responsible for the defect under this article have undertaken responsibility for a longer period. The statute of limitations is five years for immovable properties used for dwelling and vacation purposes."
You should keep in mind that whether a good is defective or not is to be decided according to the particular circumstances. You should therefore visit the nearest courthouse and request a declaratory judgment action in order to have proof of the defectiveness of the property. Some courthouses do not have a separate consumer court, so an ordinary court serves the purpose. When the court issues its decision, the seller will be notified via post and if the seller does not take any action to solve the defectiveness, you will be able to file legal action.
In addition to this law, you can always seek relief through the general terms of the Code of Obligations which makes a developer liable for the quality of construction for five years following delivery.
Pool and gardening. Article 4/A of the Consumer Protection Law covers defective services. It defines defective service as "a service which contains, material, legal or economic deficiencies that influence the quality or the quantity that affects the quality specified in the advertisements or announcements made by the supplier, or established in the standards or technical regulations, or decrease or eliminate its value or the benefits expected from such service by the consumer with respect to fitness, shall be deemed defective." A consumer has alternate rights if provided defective service: s/he may rescind the contract or demand the service to be performed again or demand a reduction in price proportional to the defect. The statute of limitations for defective service is 30 days following the date of performance of the service.
The same article gives alternate rights with regard to the statute of limitations. "The statute of limitations for responsibility for claims arising from defective service is two years following the performance of the service even if the defect appears later, unless a warranty has been granted for a longer period. Claims which arise from any damages caused by defective services are subject to a statute of limitations of three years. If, however, the defect of the service provided has been concealed from the consumer by the supplier's gross fault or fraud, the statute of limitations shall not apply."I suggest you visit a courthouse as soon as possible.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
