The Late Delivery in Pre-paid Housing Sales 19 September 2017

The pre-paid housing sale is regulated under the title of “pre-paid housing sales contract” in the Law on Consumer Protection and in the Regulation on Pre-paid Home Sales. However, although pre-paid housing sale is a popular way of housing sale, neither the Law nor the Regulation has any provision regarding the late delivery in pre-paid housing sales. Therefore, regarding the late delivery in pre-paid housing sales which is one of the most important problems that is faced with in pre-paid housing sales, the general provisions must be examined as a result of the Law on Consumer Protection which states that the general provisions shall be applied in case of no relevant provision in the Law on Consumer Protection.

With this regard, it should be noted that, pre-paid housing sales contracts are prepared in advance by the sellers and it is not possible for consumers to negotiate it with sellers. In this manner, in accordance with the Article 21 of The Code of Obligations and the Article 5 of the Law on Consumer Protection, which state that the terms that are not negotiated upon and they are against consumers’ rights, shall be invalid; in case of having such a term in the pre-paid housing sales contract, such provisions shall be considered as invalid.

Considering the relevant Supreme Court decisions, the Supreme Court considers the contracts as not negotiated if they are prepared in advance and it is not possible for the consumers to influce the standardized terms of contract. In such cases, it is stated that the judge shall interpret, complete, change, or invalidate the terms if a dispute occurs on standardized terms of contract.

Consequently, regarding the late delivery in the pre-paid housing sales, in case of having any or opposing provision in the pre-paid housing sales contract, the judge shall interpret the standardized terms of contract in favour of the consumer and order compensation due to the late delivery. Considering relevant Supreme Court decisions, the consumer would claim compensation for the rent loss occured until the date when the house is actually delivered or exercise other rights stated by Article 125 by Code of Obligations.

Türkçe Versiyonu İçin

http://www.kasaroglu.av.tr/tr/on-odemeli-satilan-konutlarin-gec-teslimi

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