The Consumer Protection Law (“Law”) numbered 6502 published on date of 28th of November, 2013 in the Official Gazette numbered 28835. The Law will entry into force six months after the date of publication. The previous Consumer Protection Law numbered 4077 dated 23/2/1995 will have been abolished along with this Law when it is entered into force.
Some of major innovations are regulated in this Law are as follows;
Banks have to propose credit cards to consumers without withdrawing annual membership fee or not charging any fee under the similar name. The banks can be fine for five million Turkish Lira administrative fines if they do not obey this rule.
30 day notice period for defective goods has been increased to 6 months.
Consumers have a right of withdrawal from the contract within fourteen days without giving a reason and not paying any penalty in the distant sale.
Consumers have a right of withdrawal from repaid real estate sale contract within fourteen days without giving a reason and not paying any penalty. With the new legislation, the period of transfer and assignment of real estate will not be longer than thirty six months starting from the date of contract.
Repaid real estate sale contract cannot be made with consumers without obtaining a building licence.
Selling of the repaid real estate has to be registered to the Land Registry; also preliminary sale contract has to be made before the Notary. Otherwise, contractual invalidity on this base cannot be asserted against consumers.
Consumers have a right of withdrawal from the contract without giving a reason and not paying any penalty until the date of transfer and assignment in the repaid real estate contract. In case of avoidance of the contract, vendor can demand expenses such as tax, fee and similar legal obligations arising from the sale of the real estate and preliminary sale contract in addition 2% of compensation calculated as per the contract price.
Consumers have always right to terminate the subscription agreement which is indefinite term or fixed term for more than one year, without giving a reason and not paying any penalty. If a vendor or supplier amends fixed term subscription agreement which is length less than one year consumers can terminate the contract.
