The Law on the Amendment of the Law on the Protection of the Consumer and the Law on Condominium Ownership entered into force after being published in the Official Gazette.
With the law, the conditions regarding the payment of the entire debt in default in installment sales contracts will be changed in accordance with the Turkish Code of Obligations and in favor of the consumer. In order to demand the performance of the consumer’s remaining debt in installment sales contracts, the price in the contract will be taken into account, instead of the remaining debt, as well as other conditions in the law.
In case of early payment of the entire loan debt in consumer loans, the provisions of the right of withdrawal without notice will be applied. Thus, the cost incurred by the consumers due to the loan will be reduced, as well as the return of the fees and expenses they paid.
A regulation will be made so that changes in the interest rate in favor of the consumer can be implemented immediately in consumer loans of indefinite duration such as overdraft accounts and credit cards. In this context, since the interest rate reduction is in favor of the consumer, the requirement to notify 30 days before it enters into force will be removed. This requirement will be changed to cover only the interest rate hike.
Limitation on the provision of by-products and services as credit usage conditions
The article of the Law on Consumer Protection, which includes insurance for consumer loans, “Insurance, It will be rearranged under the title of “Delivery of subsidiary financial products and services”. In this context, it is not possible to take out credit-linked insurance without the express request of the consumer through a written or permanent data storage. The lender will be able to present a loan agreement to the consumer, which includes taking out a loan-linked insurance, on the condition that he also offers a contract that does not include credit-linked insurance to the consumer.
The guarantee provided by the consumer’s desired insurance company will have to be accepted by the creditor. Credit-linked insurance will need to be compatible with the remaining debt amount and maturity in the sum insurances in order to guarantee the repayment of the loan debt.
Consumer loan agreement cannot be made conditional on the purchase of ancillary financial products and services, excluding those related to the loan.
The article of the Law on the Protection of Consumers covering insurance for housing finance contracts will be rearranged with the title “Insurance, provision of subsidiary financial products and services”. In this context, it is not possible to take out credit-linked insurance without the express request of the consumer through a written or permanent data storage. The housing finance institution will be able to offer the consumer a housing finance contract that includes credit-linked insurance, provided that it also offers a contract that does not include credit-linked insurance to the consumer.
The guarantee provided by the consumer’s insurance company will have to be accepted by the housing finance institution. Credit-linked insurance will need to be compatible with the amount and maturity of the remaining debt in the sum insurances in order to guarantee the repayment of the loan debt.
Housing finance agreement cannot be made conditional on the purchase of ancillary financial products and services, excluding those related to loans.
Prepaid residences will be required to be delivered to consumers on the date specified in the contract. Since the construction of large-scale housing projects can take a very long time to complete, the maximum delivery period for prepaid housing to consumers will be increased from 36 months to 48 months. With the registration of the floor easement in the land registry on behalf of the consumer, the transfer and delivery will be deemed to have been made in case of transfer of possession.
Regulations on intermediary service providers
Delivery of goods, especially furniture, which can differ in quality and which are prepared in line with the special wishes and needs of the consumers, will be exempted from the obligation of delivery or performance within 30 days, which is the general rule in distance contracts, upon notification and approval.
Intermediary service providers; The obligation to establish an uninterrupted system where consumers can convey their notifications and requests regarding the issues determined by the regulation regarding distance contracts and follow up on the said issues is brought.
Intermediary service providers will be jointly and severally responsible, together with the seller or provider, for the transactions regarding the preliminary information, confirmation and approval of the preliminary information they give to the consumers on behalf of and on behalf of the seller or the provider regarding the distance contracts they mediate.
In case the deficiencies in the mandatory elements of the regulation on informing the consumer are caused by the intermediary service provider, the responsibility will be on the intermediary service provider.
Intermediary service providers, as the establishment and operator of the platform where the transactions related to distance contracts are made, will be obliged to keep the records of the brokered transactions and give them to the relevant parties.
Intermediary service providers will be liable for each and every transaction that constitutes a violation, in case they violate the regulations due to non-compliance with their contracts with the seller or providers. In the event that intermediary service providers also mediate in the collection of the price of the intermediary distance contracts, the seller or the supplier together with the consumers in the use of the right of withdrawal with delivery or performance as long as the price remains with them, except for the cases of liability regarding the defect regulated in the law and the transfer of the price after the delivery or performance to the seller or the supplier. will be jointly and severally liable.
With respect to distance contracts, which intermediary service providers mediate to be established on behalf of the seller or the supplier, with the campaigns and discounts they organize without the approval of the seller or the provider; will be responsible for the fact that the goods or services that are the subject of the contract cannot be delivered or performed at all or as required due to reasons such as inability to supply, insufficient stock. Intermediary service providers will be responsible for the compatibility and proof of the information promised in their advertisements, which have a significant impact on the consumer’s shopping preference, such as the delivery or performance time, and on the use of the right of termination after the purchase, with the preliminary information given to the consumer.
Arrangement of timeshare properties
The law aims to clarify the scope of timeshare contracts and the procedures and principles of their arrangement.
In case the timeshare sale is made with financial leasing, the provisions of the law regarding timeshare agreements will apply.
Timeshare contracts subject to real rights will have to be established as timeshare contracts only within the scope of the procedures and principles specified in the Condominium Ownership Law.
The right to timeshare holiday will be prohibited by means of a cooperative or commercial company partnership or membership of an association or foundation, and consumers will be able to benefit from the protection brought by the law.
Those who do not have real rights on the property subject to timeshare holiday will be prohibited from selling timeshare or timeshare holiday.
In order for the consumer to use his right of withdrawal from the timeshare contract more easily, the prohibition on receiving payment or debt-delivering documents from the consumer within the withdrawal period will be extended to include timeshare contracts, which are timeshare contracts subject to the same right. In case of violation of the said prohibition, the payments to the consumers will be refunded immediately; Any document that puts the consumer in debt will be invalid for the consumer.
Prepaid timeshare contracts cannot be established with consumers, including contracts giving timeshare rights.
Timeshare contracts will be established for a maximum of 10 years, excluding contracts granting timeshare rights.
If the consumer notifies the provider that he/she will not use the holiday right arising from the timeshare contract providing personal rights for a certain period at least 90 days before the holiday starts, a fee under any name is demanded from the consumer for that period. will not be possible.
Refurbished products will have to be guaranteed for a minimum of one year from the date of delivery to the consumer. However, due to its nature, the warranty conditions of some goods can be determined by the Ministry of Commerce with another measurement unit.
Goods determined by the regulation can only be sold as refurbished products, provided that they are renewed in centers authorized by the Ministry. Renovation centers will be required to obtain a certificate of authorization from the Ministry.
In case it is necessary to verify that the goods with electronic identity information have been used and registered, these verifications will be made by the Ministry, the renewal center and the authorized buyer, in accordance with the procedures and principles determined by the Ministry, from the records of the Information Technologies and Communications Authority.
Manufacturers and importers are required to register their information about all authorized service stations in the system established by the Ministry of Commerce in order for consumers to access accurate and up-to-date authorized service station information of companies and not to be victimized by any deceptive practice.
In order to prevent private service stations providing service to consumers other than authorized service stations from providing services in a way that creates the perception of an authorized service station, it is obligatory for private service stations to use the phrase “special service” in all promotions and activities such as service receipts, signboards and brochures.
In the event that after-sales service is not provided for the goods during the useful life determined by the Ministry, compensation for the damage may be requested.
Applications to consumer arbitration committees
The parties’ application to consumer arbitration committees in disputes whose value is less than 30 thousand TL, without prejudice to the rights of the parties in the Execution and Bankruptcy Law will be mandatory.
In places where there is no consumer arbitration committee, applications can be made to the district governor’s office. These applications will be forwarded to the authorized consumer arbitration committee determined by the Ministry to be done by the district governorships.
Consumer arbitration committee decisions will bind the parties. In the objection cases brought against the decisions made by the consumer arbitration committees in favor of the consumer, in case of annulment of the decision, the attorney’s fee is determined over the relative tariff according to the attorney’s minimum wage tariff, while the consumer court case is annulled due to the presentation of an information or document that is not presented to the consumer arbitration committee, although it is available. Expenses and attorney’s fees will not be awarded.
Administrative fines have been reorganized
Some administrative fines stipulated by law for cases of violation of the law, taking into account the gravity of the act, the fault of the perpetrator and his economic situation. and proportionality, proportionality and deterrence.
Accordingly, for those who violate the pre-contractual notification obligation in consumer loan agreements and housing finance agreements, an administrative fine of 200 liras for each transaction or contract found to be in violation will be increased to 1000 lira.
In case the transfer or delivery period exceeds 48 months from the contract date in prepaid housing sales, an administrative fine of 70 thousand TL will be applied for each undelivered house.
The intermediary service providers that mediate the establishment of a distance contract on behalf of the seller or the supplier will be obliged to establish and keep open a system that is convenient for consumers to send and follow their requests and notifications regarding the issues determined by the regulation. An administrative fine of 1 million lira will be imposed on those who violate these obligations.
Authorized and responsible persons or organizations will be warned about those who do not present all kinds of information and documents correctly, within 7 days, to provide the information and documents correctly or to provide the opportunity for on-site inspection. If the violation persists despite the warning, an administrative fine of not less than 80 thousand liras will be imposed at the rate of one percent of the annual gross income generated at the end of the fiscal year preceding the detection of the violation.
In cases where the total amount of administrative fine applied in a calendar year exceeds 80 thousand liras as of the date of detection of the violation, the total administrative fine amount not less than this amount and not exceeding 120 million liras will be applied.
Prepaid timeshare contract is prohibited
In accordance with the law, prepaid timeshare holiday sales cannot be made. Those who make a prepaid timeshare contract with consumers without obtaining a building permit for the land on which the immovable subject to timeshare will be built, those who enter into a timeshare contract providing real rights related to the ownership share, those who mediate the establishment, and those who mediate the establishment of a timeshare holiday by partnership of a cooperative or trading company or membership of an association or foundation. Those who know and mediate this transaction, and those who do not have the right in rem on the property subject to the timeshare, who sell timeshare, will be sentenced to imprisonment from 3 years to 6 years.
Manufacturers or importers shall be obliged to provide after-sales maintenance and repair services for the goods they produce or import during the specified lifetime. About the manufacturers and importers who act contrary to this; If the after-sales service qualification certificate is not obtained, 315 thousand liras, after the after-sales service qualification certificate is obtained, 35 thousand liras for each missing service station in cases where the minimum number of service stations cannot be met; An administrative fine of 5 thousand lira will be applied for each service station regarding the deficiencies and contradictions detected at the service stations.
Administrative sanction decisions regarding commercial advertising and unfair commercial practices will be made by the Advertisement Board. Other administrative sanction decisions will be made by the Ministry of Commerce. The Ministry will be able to transfer this authority to provincial trade directorates in the provinces.
Consumer transactions before the effective date of the Law, whether they are legally binding and their results, will be governed by the provisions of that law as a rule, if these transactions took place while in force.
In the immovables subject to timeshare, for which a construction license has been obtained as of the publication date of the Law, timeshare, timeshare, timeshare, or personal right, including sales with pre-paid method, for a period of five years from the date of publication of this article, providing real rights related to the ownership share. time-holiday sales can be made.
The provisions of the previous law will be applied for timeshare contracts established before the publication of the Law and contracts and sanctions regarding the immovables subject to timeshare holiday for which a building permit has been obtained.
With the amendment made in the Condominium Ownership Law, the minimum turnover period in timeshare properties has been reduced from 15 days to 7 days.