Consumer rights and defective goods disputes
We assist consumers with defective products, subscriptions that will not cancel and problem used cars, before arbitration committees and consumer courts.
Consumer law protects people who buy goods and services in their dealings with sellers and providers, and is governed by Law No. 6502 on Consumer Protection. Depending on the value of the dispute, you apply either to a consumer arbitration committee (tüketici hakem heyeti) or to a consumer court; below a monetary threshold updated every year, applying to the committee is mandatory.
When you buy a defective product, the law gives you four options: withdrawing from the contract, a price reduction in proportion to the defect, free repair, or replacement with a non-defective item. Liability for defective goods is generally subject to a two-year limitation period from delivery, even if the defect appears later; for homes and holiday property the period is five years, and if the defect was concealed by fraud, the limitation period does not apply. Similar rights exist for defective services.
For distance sales, the consumer can withdraw within fourteen days without giving a reason or paying a penalty. Subscriptions with no fixed term, or with a term longer than one year, can be cancelled without a reason or penalty, and the provider cannot require a more burdensome method of cancellation than the one used to sign up. With used cars, whether you bought from a dealer or from a private individual determines which law applies and where you go.
We represent consumers in arbitration committee applications, in objections to committee decisions, in the mandatory mediation that precedes consumer court cases, and in court. Pre-paid housing sales and timeshare disputes also fall within this area. For businesses, we advise on bringing distance sales, subscription and warranty processes into line with consumer legislation.
When you may need this
- A product you bought broke down soon after, and the seller or service centre will not repair, replace or refund it.
- After buying a car from a dealer, you found out it had a major damage record, replaced parts or a mileage discrepancy.
- You wanted to return an online purchase within fourteen days, and the seller refused.
- Your internet, phone or digital subscription will not cancel, or you are being charged an early termination fee.
- You applied to a consumer arbitration committee and want to challenge the decision, or the other side is ignoring it.
- Your claim exceeds the arbitration committee threshold and needs to go to the consumer court.
- You want to withdraw from a pre-paid housing or timeshare contract.
- A committee decision has been issued against your business, or you want your sales contracts brought into line with the law.
How the process works
- 01
Assessing the situation
Using the invoice, contract, service records and correspondence, we identify the nature of the defect or breach and which of your rights applies.
- 02
Notice to the seller
We put your claim in writing to the seller, manufacturer or provider; the notice is both a chance to resolve the matter and a record for proof.
- 03
Arbitration committee or mediation
Disputes below the monetary threshold go to the consumer arbitration committee; above it, mediation is mandatory before a consumer court case.
- 04
Consumer court
If mediation fails, or if a committee decision is challenged within two weeks, the matter continues before the consumer court, where technical questions are referred to an expert.
- 05
Enforcing the decision
Committee decisions and court judgments can be enforced through the enforcement office. If the other side does not pay, we start enforcement proceedings and follow collection.
Services in this area
- Defective goods and defective services disputes01
- Consumer arbitration committee applications and objections to decisions02
- Consumer court cases and mandatory mediation03
- Disputes over used car purchases04
- Distance sales, the right of withdrawal and returns05
- Subscription contracts, cancellation and early termination fees06
- Pre-paid housing sales and timeshare disputes07
- Consumer law compliance for businesses08
Documents worth bringing
- The invoice, receipt or order confirmation
- The sales, subscription or pre-paid housing contract
- The warranty certificate, service forms and repair records
- Correspondence with the seller, service centre or customer support, and complaint records
- Photos and videos of the product or the defect
- For cars: the inspection report, the listing and the insurance damage record
- Any arbitration committee decision and proof of its service
How fees and costs are determined
Legal fees are agreed in writing under Article 164 of the Attorneys Act (Law No. 1136) and cannot be lower than the Minimum Attorney Fee Tariff (AAÜT) published each year by the Union of Turkish Bar Associations. You do not need a lawyer to apply to a consumer arbitration committee; you can be represented there, but by law the committee cannot award attorney fees. So we discuss with you whether hiring a lawyer at the committee stage makes financial sense.
Cases brought by consumers before consumer courts are exempt from court fees, but an advance is still paid for expenses such as expert and notification costs. The losing party pays the other side's court costs and a statutory attorney fee calculated under the tariff. In the mandatory mediation that precedes consumer court cases, the fee the consumer would otherwise owe is paid from the Ministry of Justice budget, up to a set limit, whether or not the parties reach an agreement.
Frequently asked questions
How do I apply to a consumer arbitration committee, and does it cost anything?
You can apply through the Consumer Information System (TÜBİS) on e-Devlet, or by petition to the committee where you live or where the purchase took place; in districts without a committee, you apply to the district governor's office. There is no application fee. The monetary threshold for mandatory committee applications is updated at the start of each year in line with the revaluation rate; the current figure is published on the Ministry of Trade's consumer pages and in the Official Gazette.
How long do I have to claim for defective goods?
Liability for defective goods is generally subject to a two-year limitation period from delivery, even if the defect only appears later; for homes and holiday property it is five years. In second-hand sales, the seller's liability cannot be shortened below one year, or three years for property. If the defect was concealed through gross negligence or fraud, the limitation period does not apply. Notifying the seller in writing when you discover the defect helps with proof.
How quickly must a free repair be carried out?
A request for free repair or replacement must be fulfilled within thirty working days of being made to the seller, manufacturer or importer, or sixty working days for homes and holiday property. For some products, a regulation sets specific maximum repair times. If that time is exceeded, or the product breaks down again during the warranty period, you can use your other rights, such as withdrawing from the contract or asking for a price reduction.
Do I have to pay a fee to cancel a subscription?
Subscriptions with no fixed term or a term longer than one year can be cancelled without a reason or penalty; a written notice or one sent on a durable medium such as email is enough. With fixed-term promotional deals, the provider may be able to reclaim discounts you received if you cancel early, under the sector's rules, and that amount is capped. If the service was defective, for example constant internet outages, termination for cause without any early termination fee can also be considered.
I found out a car I bought from a dealer had major damage. What can I do?
If you bought from a dealer selling commercially, it is a consumer transaction and the defective goods rules apply: you can use your rights, such as withdrawal or a price reduction, through the arbitration committee or the consumer court. If you bought from a private individual, the sales provisions of the Turkish Code of Obligations apply and the case goes to the general civil courts. Either way, the inspection report, the listing and the insurance damage records are the key evidence; where the damage was knowingly concealed, the limitation period does not apply.
Is mediation mandatory before going to the consumer court?
Yes. For disputes heard by consumer courts, applying to a mediator before filing is a precondition. Some matters are excluded, such as disputes within the arbitration committee's remit, objections to committee decisions and disputes over the property itself in consumer real estate transactions. If mediation does not produce an agreement, you can file a case with the consumer court.
How long do I have to challenge an arbitration committee decision?
Either party can challenge a consumer arbitration committee decision before the consumer court within two weeks of being served with it. A challenge does not automatically stop enforcement of the decision, but the judge can suspend it on request. Because committee decisions are enforceable, you can start enforcement proceedings if the other side does not pay.
This page is for general information only and does not constitute legal advice. Every legal matter has its own circumstances; please request a meeting for your specific situation.
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