LAW ON CONSUMER PROTECTION

Aim

ARTICLE 1 –  (1) The purpose of this Law; To take measures to protect the health and safety and economic interests of the consumer in accordance with the public interest, to compensate for their losses, to protect them from environmental hazards, to enlighten and raise awareness of the consumer, to encourage the initiatives of consumers to protect themselves and to encourage voluntary organizations in the formation 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: The Ministry of Customs and Trade,

c) General Manager: General Manager 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 the supply of goods made or promised to be made in return for a fee or benefit,

e) Importer: The natural or legal person, including public legal entities, who imports the 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, rental, financial leasing or similar means,

f) Permanent data storage: short message, e-mail, internet, disc, CD, DVD, which ensures that the information sent by the consumer or sent to him is recorded in a way that allows the examination of this information for a reasonable period of time in accordance with its purpose and that it is copied without changing it and that this information can be accessed exactly. memory card and any similar tools or media,

g) Housing finance institution: Banks that directly provide loans to consumers or make financial leasing within the scope of housing finance, and financial leasing companies and finance companies approved by the Banking Regulation and Supervision Agency to engage in housing finance activities,

ğ) Lender: The real or legal person authorized to give credit to consumers as per the legislation,

h) Goods: The subject of the trade; movable goods, immovable properties for residence or holiday purposes, and software, audio, video and all similar intangible goods prepared for use in electronic environment,

ı) Provider: Real or legal person, including public legal entities, who provides services to the consumer for commercial or professional purposes or acts on behalf of 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, or acts on behalf of or on behalf of the supplier, including public legal entities,

j) Technical regulation: The definition in the Law on the Preparation and Implementation of the Technical Legislation Regarding the Products dated 29/6/2001 and numbered 4703,

k) Consumer: Real or legal person acting for non-commercial or non-professional purposes,

l) Consumer transaction: Established between consumers and real or legal persons acting for commercial or professional purposes, including public legal entities in goods or service markets, and consumers, and all kinds of contracts and legal transactions, including similar contracts,

m) Consumer organizations: Associations, foundations or their superior organizations established for the purpose of consumer protection,

n) Manufacturer: 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 natural or legal person who shows himself as a producer by placing his trademark, title or any distinctive sign on the goods,

means.

PART TWO

General Principles

basic principles

ARTICLE 4 –  (1) Contracts and notifications envisaged to be written in this Law shall be arranged in at least twelve font size, in an understandable language, in a clear, plain and legible manner, and a copy of these shall be given to the consumer on paper or in a permanent data storage. In the absence of one or more of the conditions that should be included in the contract, the deficiency does not affect the validity of the contract. This shortcoming is immediately remedied by the organizer of the contract.

(2) The conditions stipulated in the contract cannot be changed against the consumer during the contract period.

(3) From the consumer; No additional cost can be demanded for the acts that are rightly expected to be made within the scope of the goods or services offered to him and which are among the legal obligations of the organizer of the contract, and for the expenses incurred by the organizer for his own benefit. In products or services offered to consumers by banks, consumer loan lending financial institutions and card issuing institutions, all kinds of fees, commissions and expenses other than interest, and the procedures and principles regarding these, in accordance with the spirit of this Law and in a way that protects the consumer, by taking the opinion of the Ministry. and determined by the Supervisory Authority.

(4) It is obligatory to provide the consumer with written information on all kinds of fees and expenses to be demanded from the consumer pursuant to the contracts regulated in this Law, as an annex to the contract. In contracts concluded with 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 issued the contract.

(5) Due to the transactions made by the consumer, only the registered deed can be issued separately for each installment payment. Promissory notes issued in violation of 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 under any name. Personal guarantees given by the other party regarding the receivables of the consumer are considered joint and several guarantees, unless there is a contrary provision in other laws.

(7) Compound interest is not applied in consumer transactions, including in case of default.

(8) This Law also covers participation banks in terms of all its regulations. The application is made by considering the profit share.

Unfair terms in consumer contracts

ARTICLE 5 –  (1) Unfair condition; These are the contract terms that are included in the contract without negotiating with the consumer and that cause an imbalance in the rights and obligations of the parties arising from the contract in a way that violates the honesty rule.

(2) Unfair terms in the contracts concluded with the consumer are absolutely null and void. The provisions of the contract other than unfair terms remain valid. In this case, the organizer of the contract cannot claim that he would not have concluded the contract with other provisions if there were no conditions deemed to be null and void.

(3) If a contract condition has been prepared in advance and has not been able to affect the consumer's content because it is included in the standard contract, it is considered that that contract condition has not been negotiated with the consumer. If the issuer of the contract claims that a standard condition has been negotiated individually, he has to prove it. If it is concluded from the evaluation of the contract as a whole that it is a standard contract, the negotiation of certain elements or an individual provision of a condition in this contract does not prevent the application of this clause to the remainder of the contract.

(4) If the terms of the contract 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) Regardless of their qualifications, the provisions of this article shall apply to contracts drawn up by persons or organizations that carry out their activities with the permission given by law or authorized authorities.

(6) The unfairness of a contract clause; The nature of the good or service that is the subject of the contract is determined according to the moment of establishment of the contract by taking into account the conditions existing at the establishment of the contract and the other provisions of the contract or the provisions of another contract to which the unfair term is related.

(7) In the assessment of the unfairness of the contract terms, an assessment cannot be made regarding the balance between both the essential performance obligations arising from the contract and the market value of the goods or services and the price determined in the contract, provided that these terms are written in a clear and understandable language.

(8) The Ministry takes the necessary measures to remove the unfair terms in the contracts prepared for general use from the contract texts or to prevent their use.

(9) The procedures and principles regarding the detection and inspection of unfair terms and the terms of the contract, which are considered to be unfair terms without limitation, are determined by a regulation.

Avoidance of sale

ARTICLE 6 -  (1) The sale of the goods, which are displayed on the showcase, on the shelf, electronically or in any clearly visible place, cannot be avoided unless there is a statement stating that it is not for sale.

(2) Providing services cannot be avoided without a justified reason.

(3) Those who act for commercial or professional purposes; to the contrary, if there is no custom, commercial custom or custom or justifiable reason; may not bind the sale of a good or service to conditions such as the quantity, number, size determined by him or to the purchase of another good or service.

(4) Ministries and municipalities are responsible for carrying out the works related to the implementation and monitoring of the provisions of this article.

Goods or services not ordered

ARTICLE 7 –  (1) In case of sending unordered goods or providing services, no right can be claimed against the consumer. In these cases, the consumer's silence or the fact that he has used the goods or services cannot be interpreted as a declaration of acceptance for the conclusion of the contract. The consumer has no obligation to return or preserve the goods.

(2) Whoever 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 violation of the contract at the time of delivery to the consumer, since they do not conform to the sample or model agreed upon by the parties or do not have the characteristics that they should have objectively.

(2) Does not carry one or more of the features included in its packaging, label, introduction and user manual, internet portal or advertisements and advertisements; contrary to the quality declared by the seller or determined in its technical regulation; Goods containing material, legal or economic deficiencies that do not meet the intended use of the equivalent goods, 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 time agreed in the contract or not to assemble it properly in cases where the assembly is carried out by or under the responsibility of the seller is considered as a performance contrary to the contract. In cases where the assembly of the goods is foreseen by the consumer, if the assembly is made incorrectly due to a mistake or defect in the assembly instruction, performance against the contract will be in question.

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) The seller shall not be bound by the content of the disclosure if he proves that he is not aware of and cannot be expected to be aware of the statements made through advertisements that do not originate from him, or that the content of the statement was corrected at the time of the conclusion of the sales contract or that the decision to form a sales contract is not in a causal link with this statement.

burden of proof

ARTICLE 10 –  (1) Defects that appear within six months from the delivery date are deemed to exist on the delivery date. In this case, the proof that the goods are not defective belongs to the seller. This presumption does not apply if it is incompatible with the nature of the good or the defect.

(2) In cases where the consumer is aware of the defect or is expected to be aware of the defect at the date of conclusion of the contract, there is no breach of the contract. Consumer's optional rights are reserved against defects other than these.

(3) A label containing explanatory information regarding the defect of the goods shall be placed on the defective goods to be sold or on their packaging by the manufacturer, importer or seller in a way that the consumer can easily read. It is obligatory to give this label to the consumer or to clearly show the descriptive information about the defect 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 the Technical Legislation Regarding the Products and other relevant legislation shall apply to these products.

Consumer's optional rights

ARTICLE 11 –  (1) In case the goods are found to be defective, the consumer;

a) Withdrawing from the contract by declaring that it is ready to return the sold item,

b) Withholding the sold item and requesting a discount from the sales price at the defect rate,

c) Requesting free of charge repair of the sold item, at the seller's expense, if it does not require excessive costs,

ç) If possible, requesting that the sold product be replaced with a non-defective one,

may use one of the options. The seller is obliged to fulfill this demand preferred by the consumer.

(2) The right of free repair or replacement of the product with a non-defective one can also be used against the manufacturer or the importer. The seller, the manufacturer and the importer are jointly and severally liable for the fulfillment of the rights in this paragraph. The manufacturer or the importer cannot be held responsible if he proves that the defect has arisen after the product has been put on the market by him.

(3) In the event that free repair or replacement of the goods with a non-defective one would cause disproportionate difficulties for the seller, the consumer may use one of the rights to withdraw from the contract or discount the price at the rate of the defect. In the determination of the disproportion, the issues such as the value of the goods without a fault, the importance of the defect and whether it will pose a problem for the consumer to apply for other optional rights are taken into account.

(4) If one of the rights to free repair or replace the goods with a non-defective one is chosen, this request must be fulfilled within a maximum of thirty working days from the date of the request to the seller, manufacturer or importer, and within sixty working days for residential and holiday immovables. However, the consumer's request for free repair regarding the goods included in the list annexed to the regulation issued pursuant to 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 defect rate, the entire price paid or the discount made from the price is immediately returned to the consumer.

(6) All costs incurred due to the exercise of optional rights are borne by the party fulfilling the right chosen by the consumer. Along with one of these optional rights, the consumer may also claim compensation in accordance with the provisions of the Turkish Code of Obligations dated 11/1/2011 and numbered 6098.

Time out

ARTICLE 12 -  (1) Unless a longer period is determined in the law or in the contract between the parties, liability for the 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 has emerged later. This period is five years from the delivery date of the immovable property for residential or vacation purposes.

(2) Without prejudice 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 residential or holiday immovable properties.

(3) If the defect is concealed by gross fault or fraud, the statute of limitations does not apply.

SECOND PART

Defective Services

defective service

ARTICLE 13 –  (1) A defective service is a service that is contrary to the contract because it does not start within the time specified in the contract or because it does not have the features agreed by the parties and which it should have objectively.

(2) Services that do not have the features reported by the service provider, in the internet portal or in its advertisements and announcements, or that contain material, legal or economic deficiencies that reduce or eliminate the value for the purpose of benefiting 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 disclosure if it proves that it is not aware of and cannot be expected to be aware of the disclosures made through advertisements that do not originate from it, or that the content of the statement was corrected at the date of establishment of the service agreement, or that the decision to establish the service agreement does not contain a causal link with this statement.

Consumer's optional rights

ARTICLE 15 –  (1) In cases where the service is defective, the consumer is free to use one of his rights against the supplier, such as re-examination of the service, free repair of the work resulting from the service, reduction in the price at the rate of the defect, or withdrawal from the contract. The provider is obliged to fulfill this demand preferred by the consumer. All costs incurred due to the exercise of optional rights are borne by the provider. Along with one of these optional rights, the consumer may also claim compensation in accordance with the provisions of the Turkish Code of Obligations.

(2) The consumer cannot exercise these rights if the free repair or re-opening of the service will bring disproportionate difficulties for the provider. In the determination of the disproportion, the issues such as the non-defective value of the service, the importance of the defect and whether it will pose a problem for the consumer to apply for other optional rights are taken into consideration.

(3) In cases where the consumer chooses the right to withdraw from the contract or reduce the defect rate, the entire price paid or the amount discounted from the price is immediately returned to the consumer.

(4) In cases where free repair or re-service is chosen, 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 purpose of the consumer to benefit from this service. In any case, this period cannot exceed thirty working days from the date of the request to the supplier. Otherwise, the consumer is free to use other optional rights.

Time out

ARTICLE 16 –  (1) Unless a longer period is determined in the 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 arose later.

(2) If the defect is concealed by gross fault or fraud, the statute of limitations does not apply.

PART FOUR

Consumer Contracts

 

FIRST PART

Sale 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 partly.

(2) The provisions of this Section shall also apply to financial leasing contracts where the consumer is obliged to acquire the ownership of a good at the end of the lease term.

(3) The installment sales contract shall not be valid unless it is established in writing. The seller or supplier, who has not concluded a valid contract, cannot later 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 sales contract in installments 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 is addressed to the seller or supplier within this period. The seller or the 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 may use the goods only to the extent required by an ordinary review; otherwise, the consumer cannot exercise his right of withdrawal. Before the expiry of the right of withdrawal, the consumer cannot use the right of withdrawal in the service contracts where the performance of the service has started with the approval of the consumer.

(4) The right of withdrawal cannot be exercised in financial leasing transactions where the consumer finds the seller.

default

ARTICLE 19 -  (1) In the case of the consumer's default in paying the installments in the installment sales contracts, if the seller or the supplier has reserved the right to demand the performance of all the remaining debt, this right can only be obtained if the seller or the supplier has performed all of his actions, and the consumer also pays at least one-tenth of the remaining debt. It can be used in case of default in paying at least two consecutive installments or an installment constituting at least one fourth of the remaining debt. In order for the seller or the supplier to exercise this right, it is obligatory to give the consumer at least thirty days and give a warning of maturity.

(2) Interest, commission and similar expenses are not taken into account in the calculation of the installments made due.

Early payment

ARTICLE 20 –  (1) The consumer may pay the total amount owed in advance, or may make one or more undue installments. In both cases, the seller or the supplier is obliged to make all the necessary interest and commission deductions according to the amount paid in cases where it receives interest or commission.

Other considerations

ARTICLE 21 –  (1) The provisions of the Turkish Code of Obligations on pre-paid installments shall apply to contracts in which the consumer undertakes to pay the sale price of a movable good in parts in advance, and the seller undertakes to deliver the goods to the consumer after the full payment of the price, and the payment period is longer than one year or is uncertain.

(2) The mandatory content of the contract, the rights and obligations of the consumer, the seller and the supplier, the right of withdrawal, the procedures and principles regarding early payment and other issues are determined by a regulation.

SECOND PART

Consumer Loans

consumer loan agreements

ARTICLE 22 –  (1) Consumer loan agreement refers to the agreement in which the creditor gives credit or undertakes to give credit to the consumer in return for interest or a similar benefit, through the deferral of payment, lending or similar financing forms.

(2) Credit card contracts are considered as consumer loan contracts in case the payment is postponed for more than three months in return for interest or a similar benefit, or if the opportunity to pay in installments is similarly provided. However, the interest rate to be applied in this case cannot be more than the rate determined in accordance with the credit card agreement.

(3) A consumer loan agreement shall not be valid unless it is established in writing. The creditor, who has not concluded a valid contract, cannot later claim the invalidity of the contract to the detriment of the consumer.

Obligation to inform before the contract

ARTICLE 23 –  (1) The creditor and the credit intermediary, if any, must provide the consumer with the pre-contractual information form containing the terms of the loan agreement they offer, 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 use of the right of withdrawal is addressed to the creditor within the period of the right of withdrawal.

(3) In cases where the consumer using the right of withdrawal benefits from the loan, the consumer pays back the principal and the accrued interest from the date of use of the loan to the date of repayment of the principal, within thirty days after sending the withdrawal notification to the lender at the latest. If the payment is not made within this period, the consumer loan is deemed not to have been withdrawn. The interest is calculated according to the contractual interest rate. No fee can be demanded from the consumer other than the calculated contractual interest and the 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, which is determined at the date of conclusion of the contract, cannot be changed to the detriment of the consumer.

(2) If contractual interest, effective annual interest or the total cost of the loan are not included in the consumer loan agreements, the loan amount is used interest-free until the end of the contract period. If the effective interest rate is understated, the contractual interest rate to be taken as the basis for calculating the total cost of the loan is re-determined to match the understated effective interest rate. In such cases, the payment plan is rearranged according to the changes made.

Making changes to the contract

ARTICLE 26 –  (1) The terms of the fixed-term loan agreement cannot be changed against the consumer.

(2) In case of a change in the interest rate in indefinite term loan agreements, it is obligatory to notify the consumer in writing, on paper or through a permanent data storage, thirty days before the effective date of this change. In this notification, details regarding the change in the amount, number and intervals of the payments to be made after the new interest rate comes into effect are included. In case the interest rate is increased, the new interest rate cannot be applied retrospectively. If the consumer pays the entire debt within sixty days at the latest from the notification date and ends using the loan, he is not affected by the interest increase.

Early payment

ARTICLE 27 –  (1) The consumer may make one or more undue installments or may pay the entire loan debt early. In such 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 case of default by the consumer in paying the installments in fixed-term loan contracts, if the creditor has reserved the right to demand the performance of the entire debt, this right can only be entered into default if the creditor has fulfilled all his obligations and the consumer is in default in paying at least two consecutive installments. Can be used in case of falling. In order for the creditor to exercise this right, it is obligatory to give the consumer at least thirty days and give a warning of maturity.

(2) Interest, commission and similar expenses are not taken into account in the calculation of the installments made due.

Taking out insurance

ARTICLE 29 -  (1) Credit related insurance cannot be taken out without the explicit request of the consumer through a written or permanent data storage. In case the consumer wishes to take out insurance, the guarantee obtained from the insurance company of his choice must be accepted by the creditor. This insurance must be compatible with the subject of the loan, the amount of debt remaining in the amount insurance and its maturity.

Tied loans

ARTICLE 30 –  (1) Bound loan agreement; It is a contract in which consumer credit is given exclusively for financing a contract for the supply of a particular good or service and these two contracts objectively form an economic union.

(2) The existence of economic union;

a) The seller or the supplier finances the loan for the consumer,

b) In the case of financing by a third party, the creditor uses the services of the seller or provider in connection with the signing or preparation of the loan agreement,

c) The provision of a particular good or service is clearly stated in the loan agreement,

accepted in the presence of at least one of the conditions.

(3) In case the consumer withdraws from the contract regarding the supply of goods or services and the related notification is also sent to the creditor within the withdrawal period, the tied credit contract also terminates without any obligation to pay any compensation or penal clause.

(4) In tied credits, if the goods or services are not delivered or performed at all or as required, the seller, the supplier and the creditor are jointly and severally liable if the consumer exercises the right to withdraw from the sales contract or discount the price. In the event that the consumer uses the right of discount from the price, the tied credit is also reduced at this rate and the payment plan is changed accordingly. In the event that the consumer exercises his right to withdraw from the contract, the seller, the provider and the creditor are jointly responsible for the return of the payment he has made until that day. However, the responsibility of the lender; In cases where the goods are not delivered or the service is not performed, from the date of delivery of the goods or performance of the service specified in the sales contract or the dependent credit contract, from the date of delivery or performance of the service in cases where the goods are delivered or the service is performed,

(5) Without a contract between the creditor and the seller or the supplier regarding the supply of a certain good or service, the credits extended by the creditor by paying the price of the goods or services determined by the consumer himself, are not considered tied credits.

Other considerations

ARTICLE 31 –  (1) In case an account is opened for a fixed-term loan agreement and only credit-related transactions are made from this account, no fee or expense under any name can be demanded from the consumer regarding this account. This account is closed with the payment of the loan, unless the consumer makes a written request to the contrary.

(2) An overdraft agreement related to a fixed-term loan agreement cannot be concluded without the explicit instruction of the consumer.

(3) Card issuing institutions are obliged to offer consumers a type of credit card for which they do not charge annual membership fees or similar fees.

(4) Pre-contractual information, mandatory content of the contract, out-of-scope contracts, rights and obligations of the consumer and the creditor, right of withdrawal, early payment, calculation of the effective annual interest, mandatory content of advertisements regarding consumer loans, exercise of the right of termination, default, transfer of credit, The procedures and principles regarding the tied credit and other matters shall be determined by regulation.

THIRD PART

Housing Finance

Housing finance contracts

ARTICLE 32 –  (1) Housing finance contract, for the purpose of acquiring housing; It is a contract for providing loans to consumers, leasing the houses to consumers through financial leasing, providing loans to consumers under the guarantee of the houses they own, and providing loans for the purpose of refinancing these loans.

(2) The housing finance contract will not be valid unless it is established in writing. The housing finance institution, which has not concluded a valid contract, cannot later claim the invalidity of the contract to the detriment of the consumer.

Obligation to inform before the contract

ARTICLE 33 –  (1) Housing finance institutions are obliged to give the consumer the pre-contract information form, which includes the conditions of the housing finance agreement, a reasonable time before the conclusion of the agreement.

default

ARTICLE 34 –  (1) In case the consumer is in default in paying the installments, if the housing finance institution has reserved its right to demand the full performance of the remaining debt, this right can only be granted if the housing finance institution has fulfilled all its obligations and the consumer is in default in paying at least two consecutive installments. available. In order for the housing finance institution to exercise this right, it must give the consumer at least thirty days and give a warning of maturity.

(2) Interest, commission and similar expenses are not taken into account in the calculation of the installments made due.

(3) In financial leasing transactions, if the consumer fails to fulfill his obligation within the period given in the due date warning, following the expiry of this period, if the housing finance institution terminates the housing finance contract in order to use its right to fulfill the remaining debt, it is obliged to put the house up for sale immediately. Before the sale, the housing finance institution makes a valuation of the house by the persons or institutions authorized in accordance with the Capital Market Law dated 6/12/2012 and numbered 6362. 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 like a prudent merchant, taking into account the appraised value. In case the price obtained from the sale of the house exceeds the remaining debt, the exceeding portion is immediately paid to the consumer.

(4) Following the sale of the house within the scope of the third paragraph of this article and the payment of the remaining amount, if any, to the consumer, the consumer or, in case the possession has been transferred, the third parties holding the possession are obliged to evacuate the house. In case the house is not evacuated, the owner of the house may apply for enforcement against the consumer or third parties holding the possession pursuant to Articles 26 and 27 of the Execution and Bankruptcy Law dated 9/6/1932 and numbered 2004.

Tied loans

ARTICLE 35 –  (1) Bound loan agreement; It is a contract in which the housing finance loan is given exclusively for the financing of a contract in the case of the purchase of a certain residence, and these two contracts objectively form an economic union.

(2) The seller and the housing finance institution are jointly liable if the consumer uses one of the optional rights set forth in Article 11 of this Law, due to the fact that the house is not delivered at all or properly in the tied loans. However, the responsibility of the housing finance institution; It is one year, limited to the amount of credit used, from the date of delivery of the house specified in the housing sales contract or affiliated loan agreement in case the house is not delivered, and from the date of delivery of the house in case of delivery of the house.

(3) Even in the event that loans given by housing finance institutions are transferred to mortgage finance institutions, housing finance funds or mortgage-backed security pools, the responsibility of the lending housing finance institution continues. The institution that takes over the loan will not be liable under this article.

(4) Without a contract between the housing finance institution and the seller regarding the supply of a specific house, the loans made by the consumer to pay the price of the house determined by him by the lending housing finance institution are not considered tied loans.

Interest rate

ARTICLE 36 –  (1) The portion of the repayment amount in loans and the excess of the rental amount in financial leasing transactions is considered as interest within the scope of this article.

(2) As stated in the contract, the interest rate in loans and financial leasing transactions for housing finance can be determined as fixed or variable, or by taking both methods as a basis for the same loan. In case the interest rate is determined as fixed, the rate determined at the date of establishment of the contract cannot be changed without the consent of the parties. If the rate is determined as a variable, the rate determined in the contract at the beginning can be changed based on the lowest of the generally accepted and widely used indices in the country or abroad to be determined in the contract, provided that the periodic repayment amount does not exceed the maximum periodic repayment amount determined in the contract at the beginning. In case the rates are determined as variable, it is necessary to inform the consumers about the possible effects of this method.

Early payment

ARTICLE 37 –  (1) The consumer may make one or more undue installments, or may pay the entire housing finance debt early. In these cases, the housing finance institution is obliged to make a discount for all necessary interest and other cost elements according to the amount paid early.

(2) In case the interest rate is determined as fixed, in case one or more payments are made before the due date, the housing finance institution may demand early payment compensation from the consumer by being included in the contract. Early payment compensation cannot exceed one percent of the amount calculated by reducing the required interest rate 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. In case the rates are determined as variable, early payment compensation cannot be demanded from the consumer.

Taking out insurance

ARTICLE 38 –  (1) Credit related insurance cannot be taken out without the explicit request of the consumer through a written or permanent data storage. In case the consumer wishes to take out insurance, the guarantee provided by the insurance company of his choice must be accepted by the housing finance institution. This insurance must be compatible with the subject of the loan, the amount of debt remaining in the amount insurance and its maturity.

Other considerations

ARTICLE 39 –  (1) In case an account is opened for a housing finance contract and only credit-related transactions are made from this account, no fee or expense under any name can be charged to the consumer regarding this account. This account is closed with the payment of the loan, unless the consumer makes a written request to the contrary.

(2) An overdraft agreement related to a housing finance agreement cannot be concluded without the explicit instruction of the consumer.

(3) In the implementation of the provisions of this Section, real person partners of housing cooperatives are also considered as consumers.

(4) Procedures and principles regarding pre-contractual information, the rights and obligations of the consumer and the housing finance institution, the mandatory content of the contract, housing finance advertisements, refinancing, tied credit, default, early payment, calculation of the annual cost rate and other matters are determined by regulation.

CHAPTER FOUR

Prepaid Housing Sale

Prepaid residential sales contracts

ARTICLE 40 –  (1) A prepaid housing sales contract is a contract in which the consumer undertakes to pay the sales price of a residential real estate in advance, in cash or in installments, and the seller undertakes to transfer or deliver the immovable to the consumer after the full or partial payment of the price.

(2) Consumers must be given a preliminary information form at least one day before the conclusion of the contract, containing the matters determined by the Ministry.

(3) A prepaid housing sales contract cannot be concluded with consumers without obtaining a building permit.

shape requirement

ARTICLE 41 –  (1) It is obligatory for the sale of pre-paid housing to be registered in the land registry, and the preliminary sales contract must be made in the form of a notary arrangement. Otherwise, the seller cannot later claim the invalidity of the contract to the detriment of the consumer.

(2) Unless a valid contract has been made, the seller cannot ask the consumer to make a payment under any name or to provide any document that puts the consumer in debt.

Guarantee

ARTICLE 42 –  (1) Before the seller starts the prepaid house sale for the projects over 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 obligatory to take out 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, guarantees and similar guarantees provided within the scope of building completion insurance cannot be included in bankruptcy or liquidation, they cannot be seized, precautionary injunctions and precautionary attachments 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 justification and without paying any penalty. It is sufficient that the notification regarding the use of the right of withdrawal is directed to the seller within this period. The seller is obliged to prove that the consumer has been informed about the right of withdrawal.

(2) In the event that the immovable is partially or completely purchased with a tied loan, the tied loan contract enters into force at the end of the right of withdrawal period stipulated in this article, to take effect on the date of the contract. The housing finance institution cannot demand any expense from the consumer under the name of interest, commission, legal liability and similar names within the period of the right of withdrawal.

(3) The consumer shall return his acquisitions within ten days from the date on which the seller returns the price received and any document that puts the consumer in debt.

Delivery of the residence

ARTICLE 44 –  (1) In the sale of prepaid housing, the transfer or delivery period cannot exceed thirty-six months from the contract date. With the registration of the floor easement in the land registry on behalf of the consumer, the transfer and delivery shall be deemed to have been made in the case of the transfer of possession.

Withdrawing from the 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 revocation from the contract, the seller; may request the payment of compensation up to two percent of the contract price and expenses arising from taxes, fees and similar legal obligations arising from the sale of the house or the preliminary sale contract.

(2) If the seller does not fulfill his obligations at all or duly, he cannot demand any price from the consumer. In cases where the consumer is unable to make the prepayments due to his/her death or being permanently deprived of earning income, or if the seller's proposal to replace the contract with an installment sales contract is not accepted by the seller, no compensation may be claimed from the consumer.

(3) In case of revocation 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 of receipt of the notification of reversal by the seller. The consumer returns his acquisitions within ten days from the date the seller returns the price he received and any documents that put the consumer under debt.

Other considerations

ARTICLE 46 –  (1) Pre-contract information, mandatory content of the contract, rights and obligations of the consumer and the seller, the right of withdrawal and withdrawal from the contract and other implementation procedures and principles are determined by regulation.

CHAPTER FIVE

Other Consumer Contracts

Contracts established outside the workplace

ARTICLE 47 –  (1) Between the seller or the supplier 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 or the seller or the supplier,

b) In the simultaneous physical presence of the parties, immediately after the meeting with the consumer outside the workplace, at the workplace of the seller or supplier or by any means of remote communication,

c) Established during a trip organized by the seller or supplier for the purpose of promoting or selling goods and services to the consumer,

Contracts are considered as contracts concluded outside the workplace.

(2) Contracts established outside the workplace are established by the seller or supplier authorized by the Ministry.

(3) It is obligatory for the consumer to be informed clearly and comprehensibly about the details of which are determined 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 rests with the seller or provider.

(4) Contracts concluded outside the workplace are not valid unless they are made in writing. The seller or supplier, who has not established a valid contract, cannot later claim the invalidity of the contract to the detriment of the consumer. Seller or provider; is obliged to ensure that the consumer writes the contract date in his own handwriting and signs the contract, to give a copy of the contract to the consumer and to present the goods or services to the consumer. The proof that the contract has been delivered to the consumer and that the goods or services have been provided rests with the seller or provider.

(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 use of the right of withdrawal is addressed to the seller or supplier within this period. During the withdrawal period, the seller or the provider cannot ask the consumer to make a 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 the provider is obliged to prove that the consumer has been informed about the right of withdrawal. The consumer is not responsible for the changes and deteriorations that occur due to the habitual use of the goods during the withdrawal period.

(6) In case the seller or supplier violates the obligations set forth in this article or fails to inform the consumer about the right of withdrawal, the consumer is not bound for a period of fourteen days to use the right of withdrawal. In any case, this period expires one year after the end of the withdrawal period.

(7) Mandatory content of the contract, out-of-scope contracts, direct sales, rights and obligations of the consumer, the seller and the supplier, the right of withdrawal, the obligation to inform, the delivery, the qualifications to be sought in the sellers and other implementation procedures and principles are determined by the regulation.

distance contracts

ARTICLE 48 –  (1) A distance contract is a system created for the remote marketing of goods or services without the simultaneous physical presence of the seller or supplier and the consumer, by using remote communication tools until and including the moment the contract is concluded between the parties. established contracts.

(2) Before accepting the distance contract or any corresponding offer, the consumer is informed by the seller or supplier in a clear and understandable manner that he will be under the obligation to pay if his order is approved, on the issues specified in the regulation. The burden of proof that the consumer has been informed rests with the seller or provider.

(3) The seller or the supplier fulfills the obligation within the promised period from the moment the consumer's order reaches him. In the case of goods sales, this period cannot exceed thirty days in any case. If the seller or the supplier does not fulfill his 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 justification and without paying any penalty. It is sufficient that the notification regarding the use of the right of withdrawal is addressed to the seller or supplier within this period. The seller or the 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 to use the right of withdrawal for fourteen days. In any case, this period expires one year after the end of the withdrawal period. The consumer is not responsible for changes and deteriorations that occur due to the habitual use of the goods during the right of withdrawal.

(5) Those who mediate the establishment of a distance contract on behalf of the seller or supplier by using or making available remote communication tools within the framework of the system they have established, keep records of the transactions made with the seller or supplier due to the issues in this article and, if requested, provide this information to the relevant institutions, organizations and consumers. obliged to give However, the intermediaries within the scope of this paragraph are liable for their acts contrary to the contract they have made with the seller or supplier.

(6) In distance contracts, out-of-scope contracts, the rights and obligations of the consumer, the seller and the supplier, the right of withdrawal, the obligation to inform, the delivery and other implementation procedures and principles are determined by a regulation.

Distance contracts for financial services

ARTICLE 49 –  (1) Financial services mean all kinds of banking services, loans, insurance, private pension, investment and payment services. Distance contracts regarding financial services are contracts concluded between the provider and the consumer by using remote communication tools, within the framework of a system established 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 obligatory to be informed clearly, clearly and in accordance with the communication tools used, regarding the right of withdrawal, the obligation of the consumer in case of a declaration of acceptance, and other matters, the details of which are determined by the Ministry. It should be clear that this information is made for commercial purposes, and in cases where voice communication tools are used, the identity of the provider and the reason for the request should be stated at the beginning of each call. 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. provider,

(3) It is obligatory for the supplier to communicate all the terms of the contract and other matters determined by the Ministry to the consumer on paper or through a permanent data storage. This obligation, before the consumer directs his/her will establishing the contract, or upon the consumer's request, by using a remote communication tool that is not suitable for written information,