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Four Optional Rights, Burden of Proof and Periods within the Scope of Articles 8-12 of the Law on Consumer Protection No. 6502. This guide has been prepared by taking into account the legislation in force as of 2026 and the precedents of the Supreme Court of Appeals.
If a purchased vehicle, white goods or any other goods turns out to be defective, the consumer is subject to the provisions of Article 11 of Law No. 6502.
In accordance with the article, he can freely use one of four optional rights: withdrawal from the contract (refund), discount on the price in proportion to the defect, free repair or replacement with an equivalent product without defects. Defects that appear within six months from the delivery of the goods are considered to exist at the time of delivery, and in this case, the burden of proving that there is no defect passes to the seller. Repair or replacement requests must be fulfilled within thirty business days at the latest (sixty business days for real estate); Otherwise, the consumer remains free to exercise other optional rights. The claim may be directed against the manufacturer or importer as well as the seller, and these parties are jointly and severally liable. Liability for defective goods is subject to a two-year statute of limitations from the delivery of the goods; However, if the defect is concealed by gross negligence or fraud, this period does not apply. Determining the right of choice correctly and carrying out the process properly ensures that the consumer's demands are fully met.
According to Article 8 of Law No. 6502, defective goods are goods that, when delivered to the consumer, do not comply with the sample or model agreed upon by the parties or do not objectively have the features they should have, and therefore are in breach of the contract. The fact that the product does not have one of the features stated in its packaging, label, user manual, internet portal or advertisements and announcements, that it is contrary to the quality declared by the seller or determined in the technical regulation, or that it contains material, legal or economic deficiencies that reduce the benefits reasonably expected by the consumer, also makes the product defective.
Among the most common examples in practice: Engine or transmission failure in vehicles, reduced mileage, hiding the damage record before sale; Manufacturing defects in white goods and electronic devices, recurring malfunctions under warranty; Furniture and textile products contain defects in material or workmanship. In cases where the consumer was aware of the defect when purchasing the product or was expected to be aware of it, there can be no violation of the contract; In this case, optional rights cannot be used.
As a rule, the burden of proving that the goods are free of defects lies with the seller. The law has introduced an important presumption in favor of the consumer: defects that occur within six months from the delivery of the goods are considered to exist on the date of delivery. When this presumption is valid, it is up to the seller to prove that the goods are not defective. In case of defects discovered after this period, the burden of proof passes to the consumer; The consumer must show that the defect was present at the time of delivery, for example, that it was caused by production or manufacturing through expert examination. The presumption does not apply in cases where it is incompatible with the nature of the goods or defect, such as in products that deteriorate quickly or are prone to usage errors.
If it is understood that the goods are defective, the consumer is free to choose any of the following four rights: The seller is obliged to fulfill the consumer's preferred request.
The consumer withdraws from the contract by declaring that he is ready to return the product sold and requests the full refund of the price he paid. This right comes to the fore in cases where the goods become unusable or the defect eliminates the essential nature of the goods.
The consumer may keep the goods and request a discount from the sales price in proportion to the loss of value caused by the defect. It is especially preferred when the goods are usable but their value has decreased.
Unless it requires an excessive expense, the consumer may request that the goods be repaired free of charge, with all expenses being borne by the seller.
If possible, the consumer may request that the product be replaced with a defect-free one. It is a method frequently used in zero kilometer vehicles and new products.
The rights of free repair and replacement without defects can be exercised against the manufacturer or importer as well as the seller; The seller, manufacturer and importer are jointly responsible for fulfilling these rights. If the manufacturer or importer proves that the defect arose after placing the product on the market, he is relieved of liability. On the other hand, if free repair or replacement causes disproportionate difficulties for the seller, the consumer may have to choose one of the rights to withdraw from the contract or reduce the price; In determining disproportionality, the value of the goods without defects, the importance of the defect and whether applying for other optional rights will pose a problem for the consumer are taken into account.
Optional Right When to Prefer To Whom It Is Directed?
withdrawal from contract The defect renders the goods unusable or is of a fundamental nature. Sales person
Free repair. The defect can be repaired, it does not require excessive expenses. Seller, manufacturer or importer. Replacement with the same product without defect. New/slightly used goods, exchange possibility is available. Seller, manufacturer or importer.
If the consumer chooses one of the rights to free repair or replacement without defects, this request must be fulfilled within a maximum of thirty business days, and in the case of residential and holiday properties, within sixty business days, from the date it is directed to the seller, manufacturer or importer. Free repairs for the goods included in the list attached to the After-Sales Services Regulation are carried out within the maximum repair period specified in the regulation. When these periods are exceeded, the consumer is free to use other optional rights. When withdrawing from the contract or discounting the price is preferred, the entire paid price or the discount amount is immediately refunded to the consumer. All expenses arising from the exercise of optional rights are covered by the party making the request; Along with one of these rights, the consumer may also request compensation in accordance with the provisions of the Turkish Code of Obligations.
The Supreme Court jurisprudence has developed some additional criteria in determining the optional right in vehicle disputes. The fact that the vehicle repeatedly displays the same malfunction and cannot provide a permanent solution despite multiple service visits is the most important factor that strengthens the consumer's demand for withdrawal from the contract or change; For one-time and easily remediable defects, courts generally consider repair or price reduction sufficient. The ratio of the defect to the value of the vehicle is also decisive: According to the established practice of the 13th Civil Chamber of the Supreme Court of Appeals, if the defect causes a limited loss of value, exercising the right to withdraw from the contract may be deemed unfair and the court may convert the request into a discount from the price within the framework of the principle of disproportionality.
In vehicles whose mileage has been reduced or whose damage record has been hidden, the fact that this information was hidden from the consumer before the sale is considered a hidden defect, and general phrases such as "I have checked the vehicle, I accept it" do not eliminate liability if the seller has fraudulently concealed the defect. Since the proof of dispute is largely based on technical knowledge, courts resort to expert examination in such cases; Keeping the service records, warranty certificate, delivery report and correspondence regarding malfunction notifications completely is decisive for the expert report to be concluded in favor of the consumer.
If the defect is concealed by gross negligence or fraud, the statute of limitations provisions do not apply; In this case, the consumer may submit his/her request even if the above periods have expired. In addition, the consumer is obliged to notify the seller within a reasonable period of time after learning about the defect; Delayed notification creates the risk that the goods will be deemed to be accepted without defects.
A consumer buys a new car from an authorized dealer. Six weeks after delivery, the transmission begins to make noise; The vehicle is taken to the authorized service and the fault is repaired under warranty. Two months later, the same malfunction reoccurs and the vehicle enters service for the second time.
After the malfunction recurs for the third time, the consumer evaluates that the repair does not provide a permanent solution and applies in writing to the seller and requests that the vehicle be replaced with a defect-free vehicle. If the seller does not meet this request within thirty business days, the consumer initiates the lawsuit process by adding the service entry-exit receipts, warranty certificate and correspondence to his file as evidence; Since the case value remains below the monetary limit, the process is first carried out through the Consumer Arbitration Panel.
In the expert examination, it is determined that the malfunction is caused by a manufacturing defect in the transmission and is repetitive.
On the grounds that the repair cannot permanently solve the problem and the consumer cannot obtain the expected benefit from the vehicle, it is decided to replace the vehicle with a similar one without any defects.
Notification of defect Within a reasonable time after learning Written notification (notice, e-mail) should always be preferred.
Maximum 30 business days for the repair/replacement request (60 business days for the real estate. If the period is exceeded, other optional rights can be applied.
delivery date) Presumption of proof 6 months from delivery. During this period, the burden of proof is on the seller.
statute of limitations 2 years (general rule) The period does not count for defects that are concealed by fraud or gross negligence.
Lawsuit/recourse Varies depending on discrepancy value Below 186,000 TL, Consumer Arbitration Committee, above 186,000 TL, Consumer Court.
Does the seller decide which of the optional rights I will use? No. Optional rights are left entirely to the consumer's choice; The seller is obliged to fulfill the request chosen by the consumer.
It is against the law for the seller to impose a different practice and the consumer may insist on his choice.
I left my vehicle at the service for repairs. Does this void my right to withdraw from the contract? No. Merely delivering the goods to service does not mean that the right to free repair has been selected. According to the Supreme Court practice, in cases where the consumer does not explicitly request repair and the service performs the repair on its own, the consumer is not prevented from exercising his right to withdraw from the contract later.
Do I have the same rights if a second-hand product is defective? Optional rights are also valid for second-hand products; However, the seller's liability period is determined as at least one year (three years for real estate). No liability arises for products purchased knowing they are defective.
I submitted my repair request, but thirty business days have passed, what can I do? When the period of thirty business days (sixty business days for real estate) stipulated by the law is exceeded, the consumer can freely exercise other optional rights, such as withdrawing from the contract or reducing the price.
Is the seller or the manufacturer responsible for the defect? Due to the contractual relationship, the seller is primarily responsible. However, requests for free repair and replacement without defects can also be directed against the manufacturer or importer; These parties are jointly and severally liable.
How can I prove that the goods are defective? The burden of proof for defects that occur within six months from delivery belongs to the seller; You only need to show the existence of the defect.
After six months, you must prove, usually with an expert report, that the defect was present at the time of delivery.
Application without documentation and verbally: Failure to notify the defect in writing makes it difficult to prove against the "no notification" defense in the future.
Not keeping service records: In case of recurring malfunctions, it cannot be proven that the "fault continues" without service entry-exit receipts and fault detection reports.
Undecided use of the right of choice: Asking for repair first and not making a clear choice before getting any results weakens the legal basis of the request.
Failure to follow the thirty business day period: Filing a lawsuit before this period expires risks rejection of the request on the grounds that it is untimely.
Staying silent about obvious defects: Failure to object within a reasonable time to a defect that can be easily noticed at the time of delivery may result in the goods being accepted with the defect.
In defective goods disputes, four optional rights available to the consumer provide strong protection; However, effective use of this protection depends on choosing the right right, following the deadlines, and collecting technical evidence completely, especially in vehicle disputes. If the dispute value is below 186,000 TL, the process is carried out through the Consumer Arbitration Committee, and if it is above, the process is carried out directly through the Consumer Court. If you encounter a recurring malfunction in your vehicle or a product you have purchased, or if the seller does not recognize your right to choose, getting support from a consumer law lawyer at the very beginning of the process will ensure that the right right is selected and your request is fully met. As Küheylan Law Firm, we provide support to our clients with our expert staff in defective goods and defective vehicle disputes.
Important Legal Notice: The legal explanations in this guide have been prepared by Küheylan Law Firm for general information purposes, based on the legislation in force as of 2026 and the Supreme Court case law, and do not constitute legal advice. The outcome may vary depending on the circumstances of each concrete case and expert findings. Since incorrect or untimely use of optional rights may lead to loss of rights, it is recommended that the process be carried out with the support of a lawyer. © 2026 Küheylan Law Firm. All rights reserved.
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