A NEW ERA IN THE PURCHASE AND SALE OF PROPERTY IN TURKEY

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Revised November, 2022 – Resource, Turkey iResidence
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THE PURCHASE AND SALE OF HOUSING! IT WILL COMPLETELY CHANGE IT

Details about planned amendments to the Turkish Consumer Code are becoming clear. For arrangements on the issues of the most victimized issues from the purchase of Turkey housing to the sale of vacation rental properties, from installment shopping to subscription service, iResidence experts evaluated in full detail what awaits foreigner and Turkish consumers.

Action has been taken to regulate the prevention of injustices in the areas where consumers complain the most. The draft law on the amendments that the AK Party plans to make to the Consumer Law is being worked out quickly it has gained. From the purchase of housing to the sale of vacation rentals, from installment shopping to subscription service, the regulations on the issues where consumers experience the most victimization have started to become clear.

According to the draft, problems such as the sale of an apartment in Turkey to more than one person, foreclosure on it will be solved without creating consumer victimization. Real Estate in Turkey sales promise contracts will be made in the presence of a notary. Thus, the consumer receives he will be able to see if there are mortgages and liens on the Turkey apartment. Half-term holidays will also be included in the arrangement. The term of the contract in the timeshare contracts shall not be less than 10 years. Sale without establishing a floor easement will be made. It is planned to reduce the period from 24 months to 12 months for issues such as phone and Internet subscriptions. Convenience will be provided regarding the right of withdrawal. The consumer will be able to exit the contract within a year. Provinces and districts the consumer arbitration committee distinction will be abolished. Applications will be made to the district governor’s office in places where there is no consumer arbitration committee.

So, what consequences will all this have in terms of consumer law rights? Which articles in this bill should be included in the scope of the law? Turkey iResidence, attention to the changes in the published draft he made the following statements.

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SALES MUST BE MADE WITH A NOTARY

iResidence said that the planned amendments to Consumer Code are important, and the purpose of this planning is to regulate it to the maximum, protecting the rights of the consumer. The Prepared referring to what should be in the draft, iResidence said, “In housing sales, construction companies sell their places with a sales promise contract, but construction that stops for various reasons victimizes consumers.”

iResidence, in order for houses sold in stationary ‘under development’ or ‘off-plan project’ constructions not to victimize consumers who cannot get their homes in Turkey, and for consumers’ rights to be protected, a notary is included in all sales transactions he said he had to. That the sales promise contracts concluded between the Turkish construction company and the consumer, which are not legally valid for too much, should be secured, for this, the place sold in the presence of a Turkish notary-public office must be,  said that it was important to comment on his deed.

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AN APARTMENT WILL NOT BE ABLE TO BE SOLD TO MORE THAN ONE PERSON

One of the issues that victimizes the consumer is the sale of one independent zone by the seller agents company to more than one person. iResidence also requires that the notary be included in the sales transactions in the same way and that the purchased he said that the establishment of a commentary so that the independent zone cannot be sold to someone else is a good method to prevent the grievances that will arise from here.

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IT WILL PROVIDE ADJUSTMENT ACCORDING TO THE STATE OF THE CONSTRUCTION

iResidence, regarding the legal dimension of the regulations, “Firstly, a prepaid housing sales contract cannot be concluded with consumers without establishing a floor easement, and sales must be made in the presence of a notary it will be. Within the scope of the integration of notaries and title deed, it was seen whether the same apartment was sold to more than one person in both completed and not-yet-completed construction houses it will be,” was said.

Stating that the delivery time after the sale is also subject to regulation, iResidence said, “It is envisaged that the delivery time from the sale will not exceed 48 months. This situation also affects the processes of companies to start selling it will allow them to adjust it according to the state of construction,” was said.

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THE STATE SHOULD GUARANTEE THE CAPITAL ACCUMULATION OF FIRMS

iResidence noted that the consumer is legally guaranteed by the draft housing law, noting that the prepaid housing contract is a very urgent issue for Turkey. iResidence, “Construction companies are prepaid when concluding a housing contract, the consumer must take into account all the guarantees related to the law. I am saying the most extreme point; companies authorized to sell such a prepayment receive guarantees of their capital accumulation in order not to become a victim, the state needs to guarantee it,” he explained.

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REGISTERED SUBSCRIPTIONS CANNOT BE MORE THAN 1 YEAR

Experts on the draft, which also covers subscription agreements, said that in a fixed-term subscription agreement with a duration of one year and less, the consumer can terminate the contract without paying criminal penalties for justified reasons.

President of the Turkish Consumer Protection Association stated that registered subscriptions are in the regulation, but it is not yet clear in the law, and related to the reduction of commitments from 2 years to 1 year, “Commitments are more than 1 year it cannot be, plus the infrastructure or committed speed of internet data providers, etc. if there are shortcomings in such services, consumers will be able to exercise his right of withdrawal. This is again a serious relief to the consumer he will bring it,” he commented.

In addition, contracts cannot be extended spontaneously without the approval of the consumer, “We are talking about all of this in draft form. The most important change here is the reduction of subscriptions from 2 years to 1 year,” he said.

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THE 1-YEAR COMMITMENTS DRAFT SHOULD BE COMPLETELY ABOLISHED

The lawyer, on the other hand, argued that the draft commitments should be completely removed. It is also positive that the commitments are reduced from 2 years to 1 year, the consumer does not pay any fees for the withdrawal evaluating it, Real estate Lawyer stated that this draft partially already exists at the moment and said, “It should be completely removed. It is also currently being implemented this way abroad, no commitment is being taken from you because of anything.

If it is completely removed in this way in Turkey, the consumer will also benefit in some way. In particular, the manufacturer and the consumer company are constantly facing each other,” he said.

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WORKING FOR CONSUMER PROTECTION

iResidence, on the other hand, is due to the tactics that corporate firms in many sectors, especially in the construction, real estate and communication sectors, have learned from each other, consumers are sometimes desperate, without options he mentioned that he was staying. According to iResidence, the intense complaints made to the relevant ministries in the face of the injustices that have been experienced have opened the door for a number of arrangements that will benefit consumers.

Giving some examples of these preparations, iResidence said, “The maximum commitment period for issues such as phone, internet subscription is 12 months, reducing the problems experienced in car rental contracts, regulation of some issues that are against the consumer in installment sales in favor of the consumer… In practice of default when unable to pay a certain number of installments in such contracts, considerations in favor of the consumer in addition, issues such as the reorganization of a number of periods, providing facilities for consumers’ right of withdrawal will be legislated and consumer protection will be ensured,” he said.

iResidence added that all these regulations are aimed at preventing implicit monopolism in applications created by multiple companies by showing sectoral unity.

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IT WILL UNDERMINE THE ‘PLANNED OBSOLESCENCE’

If the after-sales service is not provided by the manufacturer or importer, providing the consumer with the opportunity to claim compensation will undermine marketing strategies such as ‘planned obsolescence’ of brands stressing, the President of the Consumer Protection Association said that many consumers have experienced victimization related to this.

In particular, this situation is very common on mobile phones that have expired warranty period, stating, “They are releasing a new model and that model is being offered for sale, the consumer is directed there. Hence the useful life of some products it is said that ‘No parts have been found’, although spare parts and repair maintenance – repair are mandatory throughout. There are very serious troubles similar to this. In case there is a brake on this issue along with this regulation I think,” president said.

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THIS ARTICLE MUST BE ADDED TO THE LAW

iResidence, on the other hand, “According to the regulation on after-sales services, the manufacturer or supplier of the after-sales service for the goods for the period of use determined by the ministry after the warranty period has expired if it is not provided by the importer, the consumer will be given the opportunity to claim compensation”, stating that the article applies in Europe, especially many products used in Germany have a life of 10 years, and he noted that a solution has been provided that can find the part of the products that have passed the warranty.

iResidence said, “What I will add here is that, for example, if the product that the consumer is buying is imported, the importer must provide it, and Turkey must be guaranteed about it.

This must necessarily be added to the law. Numerically, these are reflected in lawyers because they are small, but lawyers cannot take them as a case. Therefore, the consumer is left alone with the problem,” was added.

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IT IS VERY DANGEROUS TO REDUCE THE NUMBER OF REFEREES

Consumer arbitration committees resolved the dispute for about 870 million TL last year, significantly reducing the workload on the judiciary. According to the draft, in disputes that consumer arbitration committees are looking at, monetary raising the limit to 30 thousand TL is on the agenda. The distinction between the provincial and district consumer arbitration committees will be abolished. Applications will be made to the district governor’s office in places where there is no consumer arbitration committee.

Warning about the abolition of the distinction between the provincial and district consumer arbitration committee and the raising of the limit, the President of the Consumer Protection Association said, “If the number of arbitration committees is considered to be reduced, it is very dangerous. This the situation restricts the consumer’s to seek rights. I hope they will not go to such an arrangement,” was stressed.

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