Consumer Lawyer
Consumer Law
For a defective product or service, the consumer may choose among free repair, replacement, refund, or a price reduction. As of 2025, disputes below a certain monetary threshold are resolved by the Consumer Arbitration Committee, and those above it by the consumer courts.
Consumer law provides special procedures to protect the consumer, who stands in a weaker position against the seller. Arbitration committee applications are free of court fees and do not require a lawyer; in high-value disputes and housing projects, however, professional handling directly affects the outcome. Our office represents consumers at every stage of their disputes: from defective vehicle and housing claims to rescission of pre-paid housing sale contracts, from timeshare cancellations to the recovery of banks' unlawful charges, and in health-law disputes (malpractice, cosmetic procedures) arising within consumer law.
Defective goods: four optional remedies and how to use them
Under Article 8 et seq. of the Consumer Protection Law No. 6502 (TKHK), goods that do not conform to the contract at the time of delivery (faulty, incomplete, lacking the promised features) are defective. The consumer may then exercise one of four optional remedies: rescinding the contract and obtaining a refund, replacement with a defect-free equivalent, free repair, or a price reduction proportionate to the defect (TKHK Art. 11). Free repair and replacement claims can be asserted against the seller, and the producer and importer are jointly and severally liable for them as well. A defect that emerges within 6 months of delivery is presumed to have existed at delivery, and the burden of proving otherwise falls on the seller. The seller's insistence on 'sending it to service first' does not extinguish the consumer's right of choice; since an optional remedy, once exercised, cannot as a rule be changed, framing the demand letter correctly from the start is important.
Defective vehicle and housing cases
The two highest-value groups of consumer files in our region are manufacturing defects in brand-new vehicles and incomplete or defective workmanship in new housing projects. In vehicle files, whether the defect is 'significant' is debated through paint-and-replaced-part records, chronic faults, and the service history; where the defect is significant, Court of Cassation practice protects the consumer's replacement and refund claims. In housing files, the most frequent disputes are the failure to build the social amenities promised in the project, the net area turning out smaller, and late delivery; advertisements and promotional brochures count as annexes to the contract and bind the seller. The limitation period for liability for defective goods is 2 years from delivery, and 5 years for housing (TKHK Art. 12); for hidden defects and in cases of gross fault or fraud, the seller cannot rely on the limitation defense. The notes placed on the delivery report are the most valuable evidence in these cases.
Distance sales and the 14-day right of withdrawal
In distance sales concluded over the internet, by telephone, or through social media, the consumer may exercise the right of withdrawal within 14 days of receiving the goods, without giving any reason and without paying any penalty (TKHK Art. 48); in service contracts, the period runs from the date the contract is concluded. If the seller has not duly informed the consumer about the right of withdrawal, the period is extended. Notifying withdrawal in writing or via a durable data medium suffices; the refunded amount must be paid to the consumer within the statutory period. Exceptions remain, such as custom-made products, perishable goods, hygiene products whose packaging has been opened, and instant services whose performance has begun. In 'cash on delivery' sales made over social media, the seller's unclear identity is the biggest risk; preserving payment and correspondence records strengthens the consumer's hand in a dispute.
Pre-paid housing sales and timeshare contracts
In off-plan housing sales, the law gives the consumer strong safeguards: pre-contractual disclosure is mandatory, there is a right of withdrawal within 14 days of the contract date, and the period for transfer or delivery of the housing may not exceed 48 months from the contract date (TKHK Art. 40 et seq.). In case of delayed delivery, the consumer may weigh the options of rescinding the contract, delay compensation, and the refund of amounts paid. If the project is transferred to another company or the company declares konkordato (composition with creditors), swift action is needed to secure the claim. In timeshare contracts (TKHK Art. 50), a 14-day right of withdrawal and strict formal requirements apply; in practice, the cancellation of long-term contracts signed under the pretext of a resort tour is one of the file types our office handles frequently. In both areas, the contract text must be reviewed by a lawyer before signing.
Bank and finance disputes
Disputes between banks and consumers cluster around unlawful fees and commissions charged on loans, credit card annual membership fees, insurance policies issued without the customer's knowledge, and loan restructuring terms. Unfair terms in consumer transactions are absolutely void (TKHK Art. 5); a bank's unilateral increase of interest and charges is subject to the same review. To recover unlawful deductions, the route is first a written application to the bank, then — depending on the amount — the Consumer Arbitration Committee or the consumer court. For consumers under credit card debt and enforcement pressure, installment plans and objection processes are planned together. Collecting receipts, contracts, and account statements completely makes it possible to establish in which item and on what date the deduction was made, and thus to calculate the claim correctly — success in these files depends largely on document discipline.
Health law: malpractice and cosmetic operations
The relationship between a private healthcare institution and a patient is assessed within consumer law: in the event of negligent medical treatment (malpractice), the patient may claim pecuniary and non-pecuniary damages from the private hospital and the physician before the consumer court. Liability rests on deviation from the medical standard and on the absence of informed consent: failing to inform the patient comprehensibly about the risks, alternatives, and likely consequences of the intervention can give rise to liability in itself, even if no complication materializes. Cosmetic operations and dental prosthetic treatments are treated by the Court of Cassation as contracts for work carrying a promise of result; if the promised aesthetic result has not been achieved, the physician's 'complication' defense is construed far more narrowly. For harm suffered at public hospitals, the path differs: an application to the administration and a full remedy action before the administrative courts come into play. Early collection of the treatment records and consent forms is decisive on both routes.
The Consumer Arbitration Committee and consumer court process
In consumer disputes, the competent forum is determined by the amount in dispute: applications to the Consumer Arbitration Committee are mandatory for disputes below the monetary threshold updated each year at the revaluation rate; disputes above the threshold are heard directly by the consumer courts. The arbitration committee application is free of fees, can be filed through e-Devlet, and is decided on the file; an objection against the decision may be filed with the consumer court within 15 days of service (TKHK Art. 70). Cases brought by consumers before the consumer courts are exempt from court fees (TKHK Art. 73), and since 2020, pre-action mediation has been a procedural precondition in most consumer disputes above the monetary threshold. Starting the process in the correct forum and framing the claim items correctly from the outset (principal, type of interest, interest start date) prevents procedural battles that can drag on for months.
The profile of consumer disputes in our region
Since Esenyurt, Beylikdüzü, and Büyükçekmece form one of the regions with Turkey's densest new housing stock and an extensive mall and retail network, the profile of our consumer files takes shape accordingly: late delivery and defective workmanship in branded housing projects, chronic faults in brand-new vehicles, defects in furniture and electronics, and banking deductions are the most frequent subjects of application. Arbitration committee applications go to the district consumer arbitration committees within the district governorships, while files reaching the litigation stage are directed to the competent courts at the Büyükçekmece Courthouse. In files against housing projects, it is common for many consumers from the same project to apply with similar claims; tracking precedent decisions and standardizing the evidence set (project brochure, contract, delivery report, expert determinations) both accelerates and strengthens the process in these files.
The most common mistakes in consumer disputes
The mistakes we encounter most often are these: failing to note defects in the report when accepting delivery and signing the delivery document without checking the box or the vehicle; accepting a 'repair first' proposal without considering the optional remedies and thereby rendering the replacement right contestable when the same fault recurs; letting the withdrawal period lapse while haggling with a social media seller; signing timeshare and pre-paid housing contracts unread, under sales-pitch pressure; and, in health files, delaying the request for treatment records and consent forms. Another widespread misconception is that the arbitration committee's decision is final; an objection to the court is possible within 15 days. Keeping documents systematically from the moment of the transaction and putting the deadlines on a calendar is the simplest antidote to loss of rights in consumer files.
Example scenario — rescinding a late-delivered housing project
(The following example is fictional, constructed to illustrate a common case type; it does not refer to any actual client or case.) A consumer approaches us stating that, long after the delivery date promised in the contract for the off-plan apartment they purchased, even the structural shell has not been completed. In the file, the contract and the payment plan are examined first: the delivery period's compliance with the 48-month statutory ceiling and with the promise, and whether the delay rests on a justified cause, are assessed. Two options are then structured according to the consumer's goal: rescinding the contract with a refund of the amounts paid and damages, or keeping the contract alive and claiming delay compensation (comparable rent value). The seller's financial standing is investigated and the need for a provisional measure assessed. This scenario shows how, in housing files, goal-setting is matched with the legal route.
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Services We Provide in This Area
- Defective goods and services claims (vehicles, housing, electronics)
- Rescission and damages in pre-paid housing sales
- Cancellation of timeshare contracts
- Distance selling and right-of-withdrawal disputes
- Recovery of bank and loan charges
- Consumer Arbitration Committee applications and objections
- Subscription and telecom disputes
- Medical malpractice claims for pecuniary and non-pecuniary damages
- Cosmetic surgery and dentistry disputes (contract for work)
- Claims based on lack of informed consent
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