Should the need of explaining the general expression above, when you purchased an apartment as an end user, you are accepted as you purchased it as a consumer. In other words, you are accepted as a consumer if you purchase an apartment on the purpose of using it rather than selling it again like a real estate agent or an investment company.
So, what does a Merchant mean? Who are accepted as merchants? We could name one who is a real estate agent, a building company, a business man who trade apartments without a business company, shortly who is operating the real estate subject as a business as “merchant”.
What does defect mean regarding real estates?
We can classify them as legal, economic and material defects.
A real estate is accepted as economically defective, if an apartment you purchased does not feature as promised to you or does not have features which are in line with the brochures given to you, models presented or ads published. For example, a promised apartment with a sauna, tennis court and in a building complex but not having these features.
An another example for an economically defective apartment is that if the promised size of the real estate does not correspond, concretely a smaller one than promised is the fact.
If the building (of the apartment) has no compulsory occupancy (building use permit) and it is promised an assignation without hypothec, annotation and limitation but the fact is vice versa, this can be given as an example for legal defects.
WHEN GONE ON TRIAL ON THE CONSUMER COURTS, VERY THE FIRST IMPORTANT ADVANTAGE FOR CONSUMERS IS THAT A VERY TINY AMOUNT IS TAXED. As is known, the amounts paid for a real estate is the highest one when compared to other consumer goods. If gone on trial on a common court, a fee of %5,4 of the case value is requested. However in consumer cases, a fixed fee is requested and is about 200 Dollars, while it differs according to number of parties.
Another advantage is that you can indent upon changing the defective apartment with a non-defective one, abating the apartment rate at the rate of the defecator giving back the Money with the return of the good. You don’t have such rights to choose on General Courts.
In spite of these advantages for consumers in Turkish Law, we suggest you seek for a legal support from a legal expert under any circumstances before you purchase a real estate.
