Consumer Lawyer

As a consumer lawyer in Mersin, I pursue consumers’ rights in disputes arising from defective goods and services, defects in brand-new vehicles, online shopping, bank and credit card charges, subscription contracts, package tours and off-plan (prepaid) housing sales. In consumer disputes, the authority to apply to depends on the amount in dispute, and some rights are subject to short time limits; the right route must be identified from the outset.

What Does a Consumer Lawyer Help With?

• Defective goods: faulty electronic products, household appliances, furniture and other products
• Hidden defects and recurring faults in brand-new or second-hand vehicles
• Defective services: shortcomings in renovation, education, healthcare and similar services
• The right of withdrawal in distance sales and online shopping, and products not delivered
• Bank and credit card fees, and charges in loan agreements
• Subscription contracts: withdrawal and billing disputes in internet, mobile phone, gym and similar subscriptions
• Package tours and holiday sales
• Off-plan housing sales and homes not delivered
• Applications to consumer arbitration boards and lawsuits in consumer courts

Consumer Rights in Case of Defective Goods and Services

Under Consumer Protection Law No. 6502 (Tüketicinin Korunması Hakkında Kanun), if goods or services purchased turn out to be defective, the consumer can exercise one of the following optional rights:

• Withdrawal from the contract (refund of the price), by stating that they are ready to return the item
• Keeping the item and requesting a price reduction in proportion to the defect
• Requesting free repair, provided it does not involve excessive cost
• Where possible, requesting replacement with a defect-free equivalent

In addition to these rights, compensation for losses caused by the defect can also be claimed. Unless the law provides otherwise, liability for defective goods is subject to a period of two years from delivery, and five years for residential and holiday properties; these periods do not apply if the defect was concealed through the seller’s gross fault or fraud.

Recurring Faults Under Warranty

During the warranty period, the repair time is a maximum of twenty working days from notification to the seller or the service centre. Where, during the warranty period, the goods break down a certain number of times or the maximum repair time is exceeded, the consumer can request replacement of the goods, a refund or a price reduction. Keeping fault and service records and service forms is important for proving these claims.

Defective Vehicle Disputes

Manufacturing defects in brand-new vehicles, recurring engine or gearbox faults, and concealment of the fact that the vehicle was repainted or damaged before sale are common disputes. In these cases, service records, damage assessment reports and examination by a court-appointed expert (bilirkişi) are decisive. In second-hand vehicle purchases, whether the seller is a trader such as a car dealer or a private seller changes the applicable rules and the authority to apply to.

Online Shopping and the Right of Withdrawal

In distance contracts, the consumer can withdraw from the contract within fourteen days of receiving the goods, without giving any reason and without paying a penalty. For service contracts, this period starts on the day the contract is concluded. The seller is obliged to refund the price within fourteen days of the withdrawal notice. The right of withdrawal cannot be used in certain exceptions, such as products made to the consumer’s specific requirements and perishable goods.

Consumer Arbitration Board or Consumer Court?

In consumer disputes, the authority to apply to is determined by the value of the dispute:

• Consumer arbitration board (tüketici hakem heyeti): For disputes below the monetary limit set each year by the Ministry of Trade, applying to the arbitration board is mandatory. Applications are free of charge and can be made via e-Devlet, the government’s online portal.
• Consumer court (tüketici mahkemesi): For disputes above the monetary limit, applying to a mediator before filing a lawsuit is mandatory; if no agreement is reached, a lawsuit is filed in the consumer court. Where there is no consumer court, the civil court of first instance (asliye hukuk mahkemesi) hears the case.

Consumers can file the lawsuit in the consumer court of their own place of residence. Lawsuits filed by consumers are, as a rule, exempt from court fees.

Bank, Loan and Subscription Disputes

The fees and charges that can be collected from consumers in loan agreements are limited by legislation; a refund can be requested of items such as file fees, account maintenance fees and similar charges collected unlawfully. In subscription contracts, the consumer can end the subscription, including fixed-term contracts; in that case, any early termination fee and repayment of campaign discounts that may be claimed are assessed according to the contract and the legislation.

Off-Plan Housing Sales

In off-plan housing sales, where all or part of the price is paid before the home is delivered, the consumer is granted rights of withdrawal and termination within a certain period after the contract is concluded. If the home is not delivered on time, is built contrary to the project or is delivered with defects, the consumer can assert a refund of the price, compensation for delay and rights arising from the defect.

How Are Consumer Disputes Handled in Mersin?

For disputes below the monetary limit, the application is made to the provincial or district consumer arbitration board of the consumer’s place of residence; consumers living in Mersin can easily apply via e-Devlet. For disputes above the monetary limit, an application is first made to the mediation office, and if no agreement is reached, a lawsuit is filed in the Mersin consumer courts. The fact that the seller operates in another province or online does not prevent the consumer from applying in their own place of residence.

Frequently Asked Questions

Get an Assessment of Your Consumer Dispute

To assess which route to follow in your dispute concerning a defective product, a vehicle, online shopping, bank charges or a housing sale, you can reach me through the contact page.