LAW ON CONSUMER PROTECTION
Aim
ARTICLE 1 – (1) The purpose of this Law; In accordance with the public interest, it is to take measures to protect the health and safety and economic interests of the consumer, to compensate for their losses, to protect them from environmental hazards, to enlighten and raise awareness of the consumer, to encourage self-protective initiatives of consumers and to regulate issues related to encouraging voluntary organizations in the formulation of policies on these issues.
Scope
ARTICLE 2 – (1) This Law covers all kinds of consumer transactions and consumer-oriented practices.
Definitions
ARTICLE 3 – (1) In the implementation of this Law;
a) Minister: Minister of Customs and Trade,
b) Ministry: Ministry of Customs and Trade,
c) General Director: General Director of Consumer Protection and Market Surveillance,
ç) General Directorate: General Directorate of Consumer Protection and Market Surveillance,
d) Service: The subject of any consumer transaction other than providing goods that are made or promised to be done in return for a fee or benefit,
e) Importer: A natural or legal person, including public legal entities, who imports goods or services, or the raw materials or intermediate goods of these goods, for commercial or professional purposes and puts them on the market through sale, rent, financial leasing or similar means,
f) Permanent data storage: Short message, e-mail, internet, disk, CD, DVD, which allows the information sent or sent to the consumer to be recorded and copied without modification in a way that allows the information to be examined for a reasonable period of time in accordance with its purpose and allows this information to be accessed verbatim. memory card and any similar device or media,
g) Housing finance institution: Banks that provide loans or financial leasing directly to consumers within the scope of housing finance, and financial leasing companies and financing companies that are deemed appropriate to engage in housing finance activities by the Banking Regulation and Supervision Board,
g) Creditor: Real or legal person who is authorized to provide loans to consumers in accordance with the legislation,
h) Goods: Subject to purchase; movable goods, immovable properties for residential or holiday purposes, and all kinds of intangible goods such as software, sound, images and similar prepared for use in electronic environment,
i) Provider: A natural or legal person, including public legal entities, who provides services to the consumer for commercial or professional purposes or acts on behalf or on behalf of the service provider,
i) Seller: A natural or legal person who offers goods to the consumer for commercial or professional purposes, including public legal entities, or acts on behalf or on behalf of the person who offers goods,
j) Technical regulation: Definition contained in the Law on the Preparation and Implementation of Technical Legislation on Products dated 29/6/2001 and numbered 4703,
k) Consumer: Real or legal person acting for commercial or non-professional purposes,
l) Consumer transaction: Work, transportation, brokerage, insurance, power of attorney, banking, established between real persons or legal entities acting for commercial or professional purposes, including public legal entities in the goods or services markets, or acting on their behalf or on their account, and consumers. All kinds of contracts and legal transactions, including and similar contracts,
m) Consumer organizations: Associations, foundations or their parent organizations established for the purpose of protecting consumers,
n) Producer: Those who produce the goods offered to the consumer or the raw materials or intermediate goods of these goods, including public legal entities, and the real or legal person who represents himself as the producer by placing his brand, title or any distinguishing mark on the goods,
expresses.
PART TWO
General Principles
Basic principles
ARTICLE 4 – (1) Contracts and information that are foreseen to be issued in writing in this Law shall be drawn up in an understandable language, in a clear, plain and readable manner, with a font size of at least twelve points, and a copy of these shall be given to the consumer on paper or on a permanent data recorder. If one or more of the conditions required to be included in the contract are missing, the deficiency does not affect the validity of the contract. This deficiency is immediately corrected by the contract drawer.
(2) The conditions stipulated in the contract cannot be changed to the detriment of the consumer within the contract period.
(3) From the consumer; An additional fee cannot be claimed for the acts that the contract drawer rightfully expects to be done within the scope of the goods or services offered to him and which are among the legal obligations of the contract drawer, and for the expenses incurred by the contract drawer for his own benefit. For the products or services offered to the consumer by banks, financial institutions that provide consumer loans and card issuers, all types of fees, commissions and expenses that will be charged to the consumer, other than interest, and the procedures and principles related to these shall be determined in accordance with the spirit of this Law and in a way that protects the consumer, by taking the opinion of the Ministry. and is determined by the Auditing Authority.
(4) Information regarding all kinds of fees and expenses to be requested from the consumer based on the contracts regulated in this Law must be given to the consumer in written form on paper as an annex to the contract. In contracts established through a remote communication tool, this information is given in accordance with the remote communication tool used. The proof that this information has been given to the consumer belongs to the person who prepared the contract.
(5) Due to the transactions made by the consumer, a promissory note may be issued in the nature of a negotiable instrument, written only in the name and separately for each installment payment. Promissory notes issued contrary to the provisions of this paragraph are invalid for the consumer.
(6) In consumer transactions, personal guarantees received in return for the consumer's actions are considered ordinary guarantees, regardless of their name. Personal guarantees given by the other party regarding the consumer's receivables are considered joint guarantees unless otherwise provided in other laws.
(7) Compound interest is not applied to consumer transactions, including in case of default.
(8) This Law also covers participation banks in terms of all its regulations. The application is made taking into account the dividend.
Unfair terms in consumer contracts
ARTICLE 5 – (1) Unfair condition; These are contract terms that are included in the contract without negotiation with the consumer and cause an imbalance in the contractual rights and obligations of the parties to the detriment of the consumer, contrary to the rule of honesty.
(2) Unfair terms in contracts concluded with the consumer are absolutely void. Provisions of the contract, other than unfair terms, remain valid. In this case, the person who draws up the contract cannot claim that he would not have concluded the contract with other provisions if the conditions were not considered to be absolutely invalid.
(3) If a contractual term has been prepared in advance and cannot affect the consumer content because it is included in the standard contract, it is assumed that that contractual term has not been negotiated with the consumer. If the contract drawer claims that a standard condition was negotiated individually, he is obliged to prove this. If the contract is evaluated as a whole and it is concluded that it is a standard contract, the fact that certain elements or an individual provision of a condition in this contract has been negotiated does not prevent the application of this article to the remaining part of the contract.
(4) If the contract terms are in writing, a clear and understandable language that the consumer can understand must be used. If a provision in the contract is not clear and understandable or has more than one meaning; This provision is interpreted in favor of the consumer.
(5) The provisions of this article shall apply to contracts prepared by persons or organizations that carry out their activities with the permission given by law or competent authorities, regardless of their qualifications.
(6) Unfairness of a contract term; The nature of the goods or services that are the subject of the contract is determined according to the moment of establishment of the contract, taking into account the conditions existing at the establishment of the contract and other provisions of the contract or the provisions of another contract to which the unfair term is related.
(7) In assessing the unfairness of the contract terms, an assessment cannot be made regarding the balance between the primary performance obligations arising from the contract and between the market value of the goods or services and the price determined in the contract, provided that these conditions are written in a clear and understandable language.
(8) The Ministry takes the necessary measures to remove unfair terms from the contract texts or prevent their use in contracts prepared for general use.
(9) The procedures and principles regarding the detection and control of unfair terms, including but not limited to contract terms that are considered unfair terms, are determined by the regulation.
Avoid selling
ARTICLE 6 – (1) The sale of goods displayed in a showcase, on a shelf, in electronic media or in any other clearly visible place cannot be avoided unless a statement stating that they are not for sale is included.
(2) Providing services cannot be avoided without a justified reason.
(3) Those who act for commercial or professional purposes; Unless there is a custom, commercial custom or justification to the contrary; It cannot condition the sale of a good or service on conditions such as quantity, number, size, etc. determined by it, or on the purchase of another good or service.
(4) The Ministry and municipalities are responsible for carrying out the work related to the implementation and monitoring of the provisions of this article.
Goods or services not ordered
ARTICLE 7 – (1) In case of sending goods or providing services that were not ordered, no rights can be claimed against the consumer. In these cases, the consumer's silence or use of the goods or services cannot be interpreted as a declaration of acceptance for the establishment of the contract. The consumer has no obligation to return or preserve the goods.
(2) The person who claims that a good or service has been ordered is obliged to prove this claim.
PART THREE
Defective Goods and Services
FIRST PART
Defective Goods
defective goods
ARTICLE 8 – (1) Defective goods are goods that are in breach of the contract at the time of delivery to the consumer because they do not conform to the sample or model agreed upon by the parties or do not objectively have the features they should have.
(2) Does not have one or more of the features stated in its packaging, label, introduction and user manual, internet portal or advertisements and announcements; is contrary to the characteristics declared by the seller or determined in the technical regulation; Goods that do not meet the intended use of equivalent goods and contain material, legal or economic deficiencies that reduce or eliminate the benefits reasonably expected by the consumer are also considered defective.
(3) Failure to deliver the goods subject to the contract within the period agreed upon in the contract, or failure to properly assemble it in cases where the installation is carried out by the seller or under his responsibility, is considered as performance contrary to the contract. In cases where the assembly of the product is envisaged to be done by the consumer, if the installation is made incorrectly due to an error or deficiency in the assembly instructions, performance contrary to the contract will occur.
Liability for defective goods
ARTICLE 9 – (1) The seller is obliged to deliver the goods to the consumer in accordance with the sales contract.
(2) If the seller proves that he is not aware of the statements made through advertising that do not originate from him and that he cannot be expected to be aware of them, or that the content of the statement made has been corrected at the time of the conclusion of the sales contract, or that the decision to establish a sales contract is not in a causal relationship with this statement, he will not be bound by the content of the statement.
burden of proof
ARTICLE 10 – (1) Defects that occur within six months from the delivery date are deemed to exist on the delivery date. In this case, it is up to the seller to prove that the goods are not defective. This presumption does not apply if it is incompatible with the nature of the goods or the defect.
(2) In cases where the consumer is aware of the defect or is expected to be aware of it at the time the contract is concluded, there is no breach of contract. The consumer's optional rights are reserved against defects other than these.
(3) A label containing explanatory information about the defect of the product is placed on the defective goods to be sold or on its packaging by the manufacturer, importer or seller in a way that the consumer can easily read. This label must be given to the consumer or explanatory information regarding the defect must be clearly displayed on the invoice, receipt or sales document given to the consumer. Products that do not comply with the technical regulations cannot be placed on the market in any way. The provisions of the Law on the Preparation and Implementation of Technical Legislation on Products and other relevant legislation apply to these products.
Consumer's optional rights
ARTICLE 11 – (1) If it is understood that the goods are defective, the consumer;
a) To withdraw from the contract by declaring that he is ready to return the sold item,
b) Keeping the sold item and requesting a discount from the sales price in proportion to the defect,
c) Requesting free repair of the product sold, with all expenses borne by the seller, unless it requires an excessive expense,
c) If possible, requesting that the sold item be replaced with a defect-free equivalent,
can use one of their optional rights. The seller is obliged to fulfill this request of the consumer.
(2) The right to free repair or replacement of the goods with a defect-free product can also be used against the manufacturer or importer. The seller, manufacturer and importer are jointly responsible for fulfilling the rights in this paragraph. The manufacturer or importer cannot be held responsible if he proves that the defect occurred after the product was placed on the market.
(3) If free repair or replacement of the goods with a defect-free product would cause disproportionate difficulties for the seller, the consumer may exercise one of the rights to withdraw from the contract or reduce the price in proportion to the defect. In determining disproportionality, issues such as the value of the goods without defects, the importance of the defect and whether applying for other optional rights will pose a problem for the consumer are taken into account.
(4) If one of the rights to free repair or replacement of the goods with a defect-free product is chosen, this request must be fulfilled within a maximum of thirty business days, and in the case of residential and holiday properties, within sixty business days, from the date it is directed to the seller, manufacturer or importer. However, the consumer's request for free repair for the goods included in the list annexed to the regulation issued in accordance with Article 58 of this Law shall be fulfilled within the maximum repair period determined in the regulation. Otherwise, the consumer is free to use other optional rights.
(5) In cases where the consumer chooses the right to withdraw from the contract or reduce the price in proportion to the defect, the entire price paid or the amount of the discount made from the price is immediately refunded to the consumer.
(6) All expenses incurred due to the use of optional rights are covered by the party exercising the right chosen by the consumer. Along with one of these optional rights, the consumer may also request compensation in accordance with the provisions of the Turkish Code of Obligations No. 6098 dated 11/1/2011.
Time out
ARTICLE 12 – (1) Unless a longer period is determined by law or in the contract between the parties, liability for defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect occurs later. This period is five years from the date of delivery of real estate for residential or holiday purposes.
(2) Subject to the third paragraph of Article 10 of this Law, the seller's liability for defective goods cannot be less than one year in second-hand sales, and three years in the case of residential or holiday real estate.
(3) If the defect is concealed by gross negligence or fraud, the statute of limitations provisions do not apply.
SECOND PART
Defective Services
defective service
ARTICLE 13 – (1) Defective service is a service that is contrary to the contract because it does not start within the period specified in the contract or does not have the characteristics that it should objectively have as agreed upon by the parties.
(2) Services that are notified by the service provider, that do not have the features stated in the internet portal or in its advertisements and announcements, or that contain material, legal or economic deficiencies that reduce or eliminate its value in terms of its intended use or the benefits that the consumer reasonably expects from it, are defective.
Liability for defective service
ARTICLE 14 – (1) The provider is obliged to perform the service in accordance with the contract.
(2) The Provider shall not be bound by the content of the statement if it proves that it is not aware of the statements made through advertising that do not originate from it and that it cannot be expected from it, or that the content of the statement made has been corrected on the date of establishment of the service contract, or that the decision to establish the service contract does not contain a causal link with this statement.
Consumer's optional rights
ARTICLE 15 – (1) In cases where the service is performed with a defect, the consumer is free to use one of the rights against the provider, such as re-visiting the service, free repair of the work resulting from the service, a discount on the price in proportion to the defect, or withdrawing from the contract. The provider is obliged to fulfill this request preferred by the consumer. All expenses incurred due to the use of optional rights are covered by the provider. Along with one of these optional rights, the consumer may also request compensation in accordance with the provisions of the Turkish Code of Obligations.
(2) The consumer cannot exercise these rights if free repair or reinstatement of the service would cause disproportionate difficulties for the provider. In determining disproportionality, issues such as the value of the service without defects, the importance of the defect and whether applying for other optional rights will pose a problem for the consumer are taken into account.
(3) In cases where the consumer chooses the right to withdraw from the contract or reduce the price in proportion to the defect, the entire price paid or the amount discounted from the price is immediately refunded to the consumer.
(4) In cases where free repair or re-service is selected, this request is fulfilled by the provider within a reasonable period of time and in a way that does not cause serious problems for the consumer, considering the nature of the service and the consumer's purpose of benefiting from this service. In any case, this period cannot exceed thirty business days from the date the request is directed to the provider. Otherwise, the consumer is free to use other optional rights.
Time out
ARTICLE 16 – (1) Unless a longer period is determined by law or in the contract between the parties, liability for defective service is subject to a two-year statute of limitations from the date of performance of the service, even if the defect occurs later.
(2) If the defect is concealed by gross negligence or fraud, the statute of limitations provisions do not apply.
PART FOUR
Consumer Contracts
FIRST PART
Sales in Installments
Installment sales contracts
ARTICLE 17 – (1) Installment sales contracts are contracts in which the seller or supplier undertakes the delivery of the goods or the performance of the service, and the consumer pays the price in parts.
(2) The provisions of this Section also apply to financial leasing agreements in which the consumer is obliged to acquire ownership of a good at the end of the rental period.
(3) The installment sales contract is not valid unless it is established in writing. A seller or provider who has not concluded a valid contract cannot subsequently claim the invalidity of the contract to the detriment of the consumer.
Right of withdrawal
ARTICLE 18 – (1) The consumer has the right to withdraw from the installment sales contract within seven days without giving any reason and without paying any penalty.
(2) It is sufficient that the notification regarding the exercise of the right of withdrawal be sent to the seller or supplier within this period. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal.
(3) If the seller has delivered the goods to the consumer within the withdrawal period, the consumer can use the goods only to the extent required by an ordinary review; Otherwise, the consumer cannot exercise his right of withdrawal. The consumer cannot exercise his right of withdrawal in service contracts where the service is started with the approval of the consumer before the right of withdrawal expires.
(4) The right of withdrawal cannot be exercised in financial leasing transactions in which the consumer finds the seller.
default
ARTICLE 19 – (1) In installment sales contracts, if the consumer defaults in paying the installments and the seller or provider has reserved the right to demand the performance of the entire remaining debt, this right can only be granted if the seller or provider has fulfilled all its obligations and the consumer must pay at least one tenth of the remaining debt. It can be used in case of default in the payment of at least two consecutive installments that constitute at least one quarter of the remaining debt. In order for the seller or provider to exercise this right, it is mandatory to give the consumer at least thirty days to give a notice of maturity.
(2) Interest, commission and similar expenses are not taken into account when calculating the overdue installments.
Early payment
ARTICLE 20 – (1) The consumer can pay the total amount he owes in advance, or he can make one or more undue installment payments. In both cases, the seller or supplier is obliged to make all necessary interest and commission deductions based on the amount paid, in cases where interest or commission is received.
Other matters
ARTICLE 21 – (1) The prepaid installment sales provisions of the Turkish Code of Obligations apply to contracts where the consumer undertakes to pay the sale price of a movable good in parts in advance and the seller undertakes to deliver the sold item to the consumer after the price is paid in full and the payment period is longer than one year or is indefinite.
(2) The procedures and principles regarding the mandatory content of the contract, the rights and obligations of the consumer, seller and provider, the right of withdrawal, early payment and other issues are determined by the regulation.
SECOND PART
Consumer Loans
Consumer credit agreements
ARTICLE 22 – (1) Consumer loan agreement refers to the agreement in which the lender gives or undertakes to provide a loan to the consumer through deferment of payment, loan or similar forms of financing in return for interest or a similar benefit.
(2) Credit card agreements are considered as consumer loan agreements if the payment is postponed for more than three months or the opportunity to pay in installments is provided in return for interest or a similar benefit. However, in this case, the interest rate to be applied cannot be more than the rate determined in accordance with the credit card agreement.
(3) A consumer loan agreement is not valid unless it is established in writing. A creditor who has not concluded a valid contract cannot subsequently claim the invalidity of the contract to the detriment of the consumer.
Pre-contractual information obligation
ARTICLE 23 – (1) The lender and the credit intermediary, if any, are obliged to provide the consumer with the pre-contract information form containing the terms of the loan agreement they propose, within a reasonable time before the conclusion of the contract.
Right of withdrawal
ARTICLE 24 – (1) The consumer has the right to withdraw from the consumer loan agreement within fourteen days without giving any reason and without paying any penalty.
(2) The creditor is obliged to prove that the consumer has been informed about the right of withdrawal. It is sufficient that the notification regarding the exercise of the right of withdrawal be sent to the lender within the right of withdrawal period.
(3) In cases where the consumer who exercises the right of withdrawal benefits from the loan, the consumer must repay the principal and the interest accrued from the date the loan was used to the date the principal is repaid within thirty days after sending the notice of withdrawal to the lender at the latest. If payment is not made within this period, the consumer loan is deemed not to have been withdrawn. Interest is calculated based on the contractual interest rate. No fee can be requested from the consumer other than the calculated contractual interest and expenses paid to a public institution or organization or third parties.
Interest rate
ARTICLE 25 – (1) In fixed-term consumer loan agreements, the interest rate is determined as fixed. This rate, determined at the time the contract is established, cannot be changed to the detriment of the consumer.
(2) If contractual interest, effective annual interest or the total cost of the loan is not included in consumer loan agreements, the loan amount is used interest-free until the end of the contract period. If the effective interest rate is shown lower than it is, the contractual interest rate to be taken as basis in calculating the total cost of the loan is redetermined to match the lower effective interest rate. In these cases, the payment plan is rearranged according to the changes made.
Making changes to the contract
ARTICLE 26 – (1) The terms of a fixed-term loan agreement cannot be changed to the detriment of the consumer.
(2) In case of a change in the interest rate in indefinite-term loan contracts, it is mandatory to notify the consumer in writing, on paper or via a permanent data recorder, thirty days before this change comes into force. This notification includes details regarding changes in the amount, number and intervals of payments to be made after the new interest rate comes into force. If the interest rate is increased, the new interest rate cannot be applied retroactively. The consumer will not be affected by the interest increase if he pays the entire debt within sixty days from the notification date and stops using credit.
Early payment
ARTICLE 27 – (1) The consumer may pay one or more undue installments or pay the entire loan debt early. In these cases, the lender is obliged to make a discount on all necessary interest and other cost elements according to the amount paid early.
default
ARTICLE 28 – (1) In fixed-term loan agreements, if the consumer defaults in paying the installments and the creditor reserves the right to demand the performance of the entire debt, this right can only be granted if the creditor has fulfilled all its obligations and the consumer has defaulted in paying at least two consecutive installments. It can be used in case of fall. In order for the lender to exercise this right, it is mandatory to give the consumer at least thirty days to give a notice of maturity.
(2) Interest, commission and similar expenses are not taken into account when calculating the overdue installments.
Getting insurance
ARTICLE 29 – (1) Credit-related insurance cannot be taken out without the express request of the consumer in writing or through a permanent data storage device. If the consumer wants to get insurance, the guarantee he/she provides from the insurance company he/she chooses must be accepted by the lender. This insurance must be compatible with the loan subject, the remaining debt amount and maturity in sum insurance.
Tied loans
ARTICLE 30 – (1) Tied loan agreement; It is a contract in which consumer credit is given exclusively for the financing of a contract for the supply of a specific good or service and these two contracts objectively constitute an economic unity.
(2) Existence of economic union;
a) The seller or provider finances the loan for the consumer,
b) In case of financing by a third party, the lender uses the services of the seller or provider regarding the signing or preparation of the loan agreement,
c) The provision of a certain good or service is clearly stated in the loan agreement,
It is accepted if at least one of the conditions exists.
(3) If the consumer withdraws from the contract regarding the supply of goods or services and the relevant notification is also directed to the creditor within the withdrawal period, the connected credit agreement also terminates without the obligation to pay any compensation or penalty.
(4) In tied loans, if the goods or services are not delivered or performed at all or as required, the seller, provider and creditor are jointly liable if the consumer uses his right to withdraw from the sales contract or reduce the price. If the consumer exercises his/her right to discount the price, the attached credit is also reduced at this rate and the payment plan is changed accordingly. If the consumer exercises his right to withdraw from the contract, the seller, provider and creditor are jointly responsible for the refund of the payment made up to that day. However, the lender's responsibility; In cases where the goods are not delivered or the service is not performed, it is one year from the date of delivery of the goods or performance of the service specified in the sales contract or affiliated credit agreement, and from the date of delivery of the goods or performance of the service in cases where the goods are delivered or the service is performed, limited to the amount of credit used.
(5) Loans made available by the consumer paying the cost of the goods or services determined by the consumer himself, without a contract regarding the supply of a specific good or service between the lender and the seller or provider, are not considered connected loans.
Other matters
ARTICLE 31 – (1) If an account is opened for a fixed-term loan agreement and only loan-related transactions are made from this account, the consumer cannot be charged any fee or expense under any name regarding this account. This account is closed by paying the loan unless the consumer requests otherwise in writing.
(2) An overdraft agreement related to a fixed-term credit agreement cannot be concluded without the express instruction of the consumer.
(3) Card issuers must offer consumers a type of credit card for which they do not charge annual membership fees or similar fees.
(4) Pre-contract information, mandatory content of the contract, out-of-scope contracts, rights and obligations of the consumer and the lender, right of withdrawal, early payment, calculation of effective annual interest, mandatory content of advertisements regarding consumer loans, exercise of the right of termination, default, transfer of the loan, The procedures and principles regarding the subordinated loan and other matters are determined by the regulation.
THIRD PART
Housing Finance
Housing finance contracts
ARTICLE 32 – (1) Housing finance contract, for the purpose of purchasing a house; It is a contract for providing loans to consumers, renting houses to consumers through financial leasing, providing loans to consumers under the guarantee of the houses they own, and providing loans for the refinancing of these loans.
(2) The housing finance contract is not valid unless it is established in writing. A housing finance institution that has not concluded a valid contract cannot subsequently claim the invalidity of the contract to the detriment of the consumer.
Pre-contractual information obligation
ARTICLE 33 – (1) Housing finance institutions are obliged to provide the consumer with the pre-contract information form containing the conditions of the housing finance contract within a reasonable time before the conclusion of the contract.
default
ARTICLE 34 – (1) If the housing finance institution has reserved the right to demand the full performance of the remaining debt in case the consumer defaults in paying the installments, this right can only be granted if the housing finance institution has fulfilled all its obligations and the consumer defaults in paying at least two consecutive installments. available. In order for the housing finance institution to exercise this right, it must give a notice of maturity to the consumer, giving at least thirty days.
(2) Interest, commission and similar expenses are not taken into account when calculating the overdue installments.
(3) In financial leasing transactions, if the consumer does not fulfill his/her obligation within the period given in the urgency warning, and following the expiry of this period, the housing finance institution terminates the housing finance contract in order to exercise its right to fulfill the entire remaining debt, and is obliged to immediately put the house up for sale. Before the sale, the housing finance institution has the house valued by persons or institutions authorized in accordance with the Capital Markets Law No. 6362 dated 6/12/2012. The appraised value is notified to the consumer at least ten business days before the sale. The housing finance institution sells the house by acting as a prudent merchant, taking into account the appraised value. If the price obtained from the sale of the house exceeds the remaining debt, the excess part is paid immediately to the consumer. Article 33 of the Financial Leasing, Factoring and Financing Companies Law No. 6361 dated 21/11/2012 does not apply to financial leasing transactions for housing finance.
(4) Following the sale of the house within the scope of the third paragraph of this article and the payment of the amount obtained, if any, exceeding the remaining debt to the consumer, the consumer or, in case the possession is transferred, the third parties in possession of the house are obliged to evacuate the house. In case the house is not evacuated, the owner of the house may apply for enforcement action against the consumer or third parties in possession in accordance with Articles 26 and 27 of the Execution and Bankruptcy Law No. 2004 dated 9/6/1932.
Tied loans
ARTICLE 35 – (1) Tied loan agreement; It is a contract in which a housing finance loan is given exclusively for the financing of a contract in case of the purchase of a specific house and these two contracts objectively form an economic unity.
(2) In tied loans, if the consumer exercises one of the optional rights specified in Article 11 of this Law due to the fact that the house is not delivered at all or not as required, the seller and the housing finance institution are jointly liable. However, the responsibility of the housing finance institution; In case the house is not delivered, it is one year from the house delivery date specified in the house sales contract or affiliated loan agreement, and in case the house is delivered, from the date of delivery of the house, limited to the amount of loan used.
(3) Even if the loans granted by housing finance institutions are transferred to mortgage finance institutions, housing finance funds or mortgage-backed securities collateral pools, the responsibility of the housing finance institution providing the loan continues. The organization taking over the loan will not be responsible within the scope of this article.
(4) Loans made available by the consumer paying the price of the house determined by the consumer himself, without a contract regarding the supply of a specific house between the housing finance institution and the seller, are not considered tied loans.
Interest rate
ARTICLE 36 – (1) The part of the repayment amounts in loans and the rental fees in financial leasing transactions exceeding the principal amount is considered as interest within the scope of this article.
(2) By specifying in the contract, the interest rate in housing finance loans and financial leasing transactions can be determined as fixed or variable, or by taking both methods as basis for the same loan. If the interest rate is determined as fixed, the rate determined at the date of conclusion of the contract cannot be changed without the consent of the parties. If the rate is determined as variable, the rate initially determined in the contract may be changed based on the lowest of the generally accepted and widely used indices at home or abroad to be determined in the contract, provided that the periodic repayment amount does not exceed the maximum periodic repayment amount initially determined in the contract. If the rates are determined as variable, it is necessary to inform consumers about the possible effects of this method. Reference interest rates and indices that can be used for these purposes are determined by the Central Bank of the Republic of Turkey.
Early payment
ARTICLE 37 – (1) The consumer can pay one or more undue installments or pay the entire housing finance debt early. In these cases, the housing finance institution is obliged to make a discount on all necessary interest and other cost elements according to the amount paid early.
(2) In cases where the interest rate is determined as fixed, early payment compensation may be requested from the consumer by the housing finance institution, if one or more payments are made before the due date, as stated in the contract. Early payment compensation cannot exceed one percent of the amount calculated by deducting the required interest and paid early by the consumer to the housing finance institution for loans with a remaining maturity not exceeding thirty-six months, and two percent for loans with a remaining maturity exceeding thirty-six months. If the rates are determined as variable, early payment compensation cannot be requested from the consumer.
Getting insurance
ARTICLE 38 – (1) Credit-related insurance cannot be taken out without the express request of the consumer in writing or through a permanent data recorder. If the consumer wants to get insurance, the guarantee he/she provides from the insurance company he/she chooses must be accepted by the housing finance institution. This insurance must be compatible with the loan subject, the remaining debt amount and maturity in sum insurance.
Other matters
ARTICLE 39 – (1) If an account is opened for a housing finance contract and only loan-related transactions are made from this account, the consumer cannot be charged any fees or expenses under any name regarding this account. This account is closed by paying the loan unless the consumer requests otherwise in writing.
(2) An overdraft agreement cannot be concluded in relation to the housing finance agreement without the express instruction of the consumer.
(3) In the implementation of the provisions of this Section, real person partners of housing building cooperatives are also considered as consumers.
(4) Procedures and principles regarding pre-contract information, rights and obligations of the consumer and the housing finance institution, mandatory content of the contract, housing finance advertisements, refinancing, tied loan, default, early payment and calculation of the annual cost rate and other issues are determined by the regulation.
CHAPTER FOUR
Prepaid Housing Sales
Prepaid housing sales contracts
ARTICLE 40 – (1) Prepaid housing sales contract is a contract where the consumer undertakes to pay the sales price of a residential real estate in cash or in installments, and the seller undertakes to transfer or deliver the real estate to the consumer after the price is paid in full or partially.
(2) Consumers must be given a preliminary information form containing the issues determined by the Ministry at least one day before the contract is concluded.
(3) A prepaid housing sales contract cannot be made with consumers without obtaining a building permit.
shape requirement
ARTICLE 41 – (1) The sale of prepaid housing must be registered in the land registry, and the promise of sale contract must be drawn up in a notary public. Otherwise, the seller cannot later claim the invalidity of the contract to the detriment of the consumer.
(2) The seller cannot ask the consumer to make payments under any name or to provide any document that puts the consumer in debt unless a valid contract has been made.
Guarantee
ARTICLE 42 – (1) Before the seller starts selling prepaid housing for projects above the size to be determined by the Ministry according to the criteria of the number of houses in the project or the total cost of the project; It is mandatory to obtain building completion insurance, the scope, conditions and application principles of which are determined by the Undersecretariat of Treasury, or to provide other guarantees and conditions determined by the Ministry.
(2) Compensation, guarantee and similar assurances provided within the scope of building completion insurance cannot be included in the bankruptcy or liquidation estate, cannot be seized, and precautionary measures and provisional liens cannot be placed on them.
Right of withdrawal
ARTICLE 43 – (1) The consumer has the right to withdraw from the prepaid housing sales contract within fourteen days without giving any reason and without paying any penalty. It is sufficient that the notification regarding the exercise of the right of withdrawal be sent to the seller within this period. The seller is obliged to prove that the consumer has been informed about the right of withdrawal.
(2) If the immovable property is purchased partially or completely with a tied loan, the tied loan agreement shall enter into force at the end of the right of withdrawal period stipulated in this article, to take effect on the date of the establishment of the contract. The housing finance institution cannot claim any expenses from the consumer under the name of interest, commission, legal liability or similar names during the right of withdrawal period.
(3) The consumer shall return his purchases within ten days from the date on which the seller returns the price received and any documents that put the consumer in debt.
Delivery of the house
ARTICLE 44 – (1) In prepaid housing sales, the transfer or delivery period cannot exceed thirty-six months from the date of the contract. In case of transfer of possession together with the registration of the floor easement in the land registry in the name of the consumer, the transfer and delivery are deemed to have been made.
withdrawal from contract
ARTICLE 45 – (1) In prepaid housing sales, the consumer has the right to withdraw from the contract without giving any reason until the transfer or delivery date. In case of withdrawal from the contract, the seller; may request payment of compensation up to two percent of the contract price, as well as expenses arising from taxes, duties and similar legal obligations arising from the sale of the house or the promise of sale contract.
(2) If the seller does not fulfill his obligations at all or properly, he cannot demand any fee from the consumer. In cases where the consumer is unable to make prepayments due to his death or permanent deprivation of income, or if he rescinds the contract because the seller's proposal to replace the contract with an installment sales contract under normal conditions is not accepted, no fee can be requested from the consumer.
(3) In case of withdrawal from the contract, the amount to be returned to the consumer and any document that puts the consumer in debt shall be returned to the consumer within ninety days at the latest from the date on which the notice of withdrawal reaches the seller. The consumer returns his purchases within ten days from the date on which the seller returns the price received and any documents that put the consumer in debt.
Other matters
ARTICLE 46 – (1) Pre-contract information, mandatory content of the contract, rights and obligations of the consumer and seller, right of withdrawal and withdrawal from the contract and other application procedures and principles are determined by the regulation.
CHAPTER FIVE
Other Consumer Agreements
Contracts established outside the workplace
ARTICLE 47 – (1) Between the seller or provider and the consumer;
a) Established outside the workplace, in the simultaneous physical presence of the parties, regardless of whether the offer is made by the consumer, seller or provider,
b) Established at the workplace of the seller or provider or through any remote communication tool, immediately after meeting with the consumer outside the workplace in the simultaneous physical presence of the parties,
c) Established during a trip organized by the seller or provider for the purpose of promoting or selling goods and services to the consumer,
Contracts are considered as contracts established outside the workplace.
(2) Contracts established outside the workplace are concluded by the seller or provider authorized by the Ministry.
(3) It is mandatory for the consumer to be informed clearly and understandably on the issues detailed in the regulation before being bound by a contract established outside the workplace or any corresponding proposal. The burden of proof that the consumer has been informed belongs to the seller or provider.
(4) Contracts established outside the workplace are not valid unless made in writing. A seller or provider who has not established a valid contract cannot subsequently claim the invalidity of the contract to the detriment of the consumer. Seller or provider; It is the responsibility of the consumer to write the contract date in his own handwriting and sign the contract, to give a copy of the contract to the consumer and to offer the goods or services to the consumer. It is up to the seller or provider to prove that the contract has been delivered to the consumer and the goods or services have been provided.
(5) The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. It is sufficient that the notification regarding the exercise of the right of withdrawal be sent to the seller or supplier within this period. During the withdrawal period, the seller or provider cannot ask the consumer to make payment under any name or to provide any document that puts the consumer in debt in return for the goods or services subject to the contract. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. The consumer is not responsible for any changes or deteriorations that occur due to the usual use of the goods within the withdrawal period.
(6) If the seller or provider acts contrary to the obligations specified in this article or does not properly inform the consumer about the right of withdrawal, the consumer is not bound for fourteen days to exercise his right of withdrawal. In any case, this period ends one year from the end of the withdrawal period.
(7) Mandatory content of the contract, out-of-scope contracts, direct sales, rights and obligations of the consumer, seller and provider, right of withdrawal, obligation to inform, delivery, qualifications to be sought in sales persons and other application procedures and principles are determined by the regulation.
Distance contracts
ARTICLE 48 – (1) Distance contract is a system established for the remote marketing of goods or services without the simultaneous physical presence of the seller or provider and the consumer, by using remote communication tools between the parties up to and including the moment the contract is established. established contracts.
(2) Before accepting the distance contract or any corresponding offer, the consumer is informed clearly and understandably by the seller or provider about the details of which are specified in the regulation and that he will be obliged to pay if his order is approved. The burden of proof that the consumer has been informed belongs to the seller or provider.
(3) The seller or provider fulfills its obligation within the promised period from the moment the consumer's order is received. In case of goods sales, this period cannot exceed thirty days in any case. If the seller or provider does not fulfill its obligation within this period, the consumer may terminate the contract.
(4) The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. It is sufficient that the notification regarding the exercise of the right of withdrawal be sent to the seller or supplier within this period. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, he is not bound by the fourteen-day period to exercise his right of withdrawal. In any case, this period ends one year from the end of the withdrawal period. The consumer is not responsible for any changes or deteriorations that occur due to the usual use of the goods within the period of the right of withdrawal.
(5) Those who mediate the establishment of distance contracts on behalf of the seller or provider by using or having people use remote communication tools within the framework of the system they have created, shall keep records regarding the transactions made with the seller or provider due to the matters set out in this article and, if requested, provide this information to the relevant institutions, organizations and consumers. is obliged to give. However, those who act as intermediaries within the scope of this paragraph are responsible for their acts contrary to the contract they made with the seller or provider.
(6) In distance contracts, out-of-scope contracts, rights and obligations of the consumer, seller and provider, right of withdrawal, obligation to inform, delivery and other application procedures and principles are determined by the regulation.
Distance contracts for financial services
ARTICLE 49 – (1) Financial services refer to all kinds of banking services, loans, insurance, private pension, investment and payment-related services. Distance contracts for financial services are contracts established by using remote communication tools between the provider and the consumer within the framework of a system created for the remote marketing of financial services.
(2) In distance contracts regarding financial services, before the consumer declares his/her will regarding the establishment of the contract, it is mandatory to be informed clearly, understandably and in accordance with the communication tools used, regarding the right of withdrawal, the obligation on which the consumer will be obliged if he/she gives a declaration of acceptance, and other issues, the details of which are determined by the Ministry. It should be clear that this information is for commercial purposes, and in cases where voice communication tools are used, the identity of the provider and the reason for the meeting request should be stated at the beginning of each conversation. The consumer's declaration of acceptance regarding the conclusion of the contract is determined or recorded physically or electronically in accordance with the communication tools used. The Provider is obliged to take the necessary measures for the transmission of the right of withdrawal and the determinations or records to be made physically or electronically.
(3) The provider shall submit all the terms of the contract and other matters determined by the Ministry to the consumer on paper or through a permanent data recorder.
