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TBK No. 6098 Article 219 et seq. and Optional Rights, Statute of Limitations and Criminal Liability within the Scope of Articles 8-12 of TKHK 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.
Selling a vehicle with reduced mileage is considered a "hidden defect" that cannot be detected through ordinary inspection and is only revealed through technical expertise. The seller is responsible according to the provisions of the Consumer Protection Law No. 6502 or the Turkish Code of Obligations No. 6098, depending on whether you purchased the vehicle from a gallery or an individual; In both cases, the seller is liable to the buyer even if he did not know that the mileage was reduced or even if he did not carry out this action himself. The buyer can choose one of the rights to withdraw from the contract, reduce the price in proportion to the defect, free repair or replace it with an equivalent product without defects; When a price reduction is requested, the ratio between the defective and non-defective values of the vehicle is reflected in the sales price, with the established "relative method" application of the Supreme Court. After learning of the defect, it is mandatory to notify the seller immediately. Although a two-year statute of limitations applies as a rule, this period does not apply in most cases, since lowering the mileage is considered a serious fault and fraud by the Supreme Court. Lowering mileage also constitutes a crime of fraud according to the Turkish Penal Code, and in addition to the legal process, criminal complaints can also be filed.
Why is reducing mileage considered a "hidden shame"? In law, defects are divided into two as open and hidden defects, according to the degree of detectability. Defects that are visible at the time of delivery, such as a dent on the bodywork, a torn seat upholstery or a non-functioning headlight, are obvious defects and if the buyer notices them and does not object when receiving the vehicle, he is deemed to have accepted them. On the other hand, mileage reduction is usually done by interfering with the vehicle's electronic control unit (ECU) and cannot be detected with a regular inspection at the time of purchase, often even with a standard expert inspection. However, a comparative examination with TRAMER records, inspection station history or authorized service maintenance records, and sometimes a court expert examination, may reveal this situation. For this reason, reducing mileage is legally considered a typical example of "hidden defect".
Which law and which court will be applied in the sale of a defective vehicle depends on whether the seller is a commercial enterprise (gallery, authorized dealer) or an individual.
Applicable law TKHK No. 6502 TBK no. 6098 art.219 et seq.
In accordance with the Law on Trade in Second-Hand Motor Vehicles and the relevant regulation, dealers are obliged to provide a warranty covering a minimum of three months or five thousand kilometers for the second-hand vehicles they sell; This further strengthens the buyer's protection for vehicles purchased from a gallery compared to purchasing from a private individual.
According to Article 219 of the Turkish Code of Obligations, the seller is responsible for the defects of the product sold, even if these defects are not known to him. For this reason, defenses such as "I didn't know it either" or "the previous owner must have done it" cannot be put forward against the buyer; The seller's liability for defects is independent of the defect. Even if the seller has not made the mileage reduction himself and has taken over the vehicle from the previous owner, he cannot be relieved of liability towards the buyer; If he wishes, he can recourse to the previous person who sold him the vehicle and ask for the compensation paid back, but this right of recourse does not affect the buyer's right to make a direct claim from the seller.
When a hidden defect is detected, the buyer can exercise any of four optional rights: return the vehicle and get a full refund of the price paid (renege from the contract); may keep the vehicle and request a discount equal to the loss of value; If the defect is remediable, it may request free repair; If possible, the vehicle may be replaced with a defect-free vehicle. In practice, in case of serious defects such as reduced mileage, buyers often prefer to renege on the contract or reduce the price; Repair and replacement are rarely feasible due to the unrealizability of mileage and the difficulty of finding equivalents on second-hand vehicles.
When a discount is requested from the price, the Supreme Court adopts the calculation method called "relative method" in its established practice: the market value of the vehicle without defects on the date of sale and the market value with defects are determined separately by the expert, and the discount amount is calculated by applying the ratio between these two values to the sales price agreed upon by the parties. For example, if the faultless value of the vehicle is determined as 900,000 TL and the defective value is determined as 700,000 TL, the buyer can request a discount of approximately 200,000 TL. In case of reneging on the contract, the buyer may request transfer costs, mandatory expenses for the vehicle and legal interest in addition to the sales price; In return, the seller may request a usage fee (ecrimisil) depending on the usage period of the vehicle. Additional expenses incurred due to defects (unexpected repair, maintenance) and, in some cases, non-pecuniary damages may also be claimed.
Pursuant to Article 223 of the Turkish Code of Obligations, the buyer is obliged to notify the seller immediately, that is, as soon as reasonably possible, when he learns of the hidden defect. This notification must be made in writing, preferably with a notary notice, for proof; Learning about the defect and continuing to use the vehicle for months may result in the product being accepted in its defective state. Even if the seller is seriously at fault, he cannot escape liability by claiming that this notification obligation has not been fulfilled; However, delayed notification may aggravate the buyer's burden of proof.
In terms of statute of limitations, the rule is two years from the delivery of the goods (in second-hand sales, the parties may shorten this period to one year).
However, the Law stipulates that this period will not apply if the defect is concealed by the seller through gross negligence or fraud. The Supreme Court of Appeals describes the mileage reduction process as a fraudulent behavior and a serious fault with its established jurisprudence; For this reason, in most cases where mileage reduction is detected, the two-year period does not apply and the buyer can assert his rights even if many years have passed.
In addition to legal liability, reducing mileage also constitutes the crime of fraud within the scope of the Turkish Penal Code No. 5237.
Article 157 of the Law punishes deceiving a person through fraudulent behavior and obtaining an unfair advantage for himself or others with imprisonment from one to five years and a judicial fine; If the mileage reduction is carried out using information systems (such as ECU intervention), qualified fraud may occur within the scope of TCK Article 158 and the penalty may be imprisonment from three to ten years. Legal and criminal processes run independently of each other; In addition to suing for compensation, the buyer can also initiate the criminal process by filing a criminal complaint with the Chief Public Prosecutor's Office. If the seller is truly unaware, it may be possible for the seller to escape from criminal liability, but this does not eliminate his legal (compensation) liability in accordance with Article 219 of the Turkish Code of Obligations.
Companies that prepare expert reports before the sale may be held responsible, as well as the gallery that sold the vehicle. The expert is liable to the buyer due to the faulty service he provides (such as not being able to detect the decrease in mileage); The buyer who purchases a vehicle by relying on an expert report that does not reflect the truth may file a separate compensation lawsuit against the expert to compensate for the damage he suffered. This liability is subject to a two-year statute of limitations. Depending on the characteristics of the concrete incident, the gallery and the expert firm may be held solely or severally liable together with the vehicle owner. A criminal complaint may also be filed against the expert who knowingly prepares an untrue report.
A consumer buys a 2020 model car from a gallery for 900,000 TL with the declaration that it has 100,000 km. Six months later, while checking the vehicle at another authorized service, he realizes that the service records show that the vehicle has 180,000 km in 2022.
The consumer documents the discrepancy in mileage by querying the TRAMER record and inspection station history via e-Government and notifies the gallery by sending a warning through a notary; The notice clearly states the request to withdraw from the contract. The gallery rejects the request, claiming that it did not reduce the mileage and that it took over the vehicle in its current state. Since this defense does not relieve the seller from liability in accordance with Article 219 of the Turkish Code of Obligations, the consumer files a lawsuit; Since it is a matter of purchasing from a gallery, the process is carried out within the scope of TKHK.
The expert appointed by the court determines that, based on the actual mileage of the vehicle, its value without defects is 900,000 TL, and its real value with defects is 700,000 TL. Since reducing the mileage is considered a gross fault/fraud, the statute of limitations defense is rejected; The court decides to refund the 200,000 TL calculated in accordance with the proportional method to the consumer, together with legal interest.
Mileage discrepancy can be inquired free of charge via TRAMER, inspection record and service e-Government.
Detection history Notification (warning) After being learned, immediate Notary warning is the safest way to prove.
Statute of Limitations: 2 years. In case of fraud/serious fault (including mileage reduction), the period does not count. Legal process varies depending on the title of the Seller. Arbitration Committee/Consumer Court for purchasing from a gallery, Civil Court of First Instance for purchasing from an individual.
criminal complaint Independent from legal process It is initiated by filing a criminal complaint with the Chief Public Prosecutor's Office.
I bought the vehicle from a private person, not from a gallery. Can I still file a lawsuit? Yes. In sales made by an individual, TBK article 219 et al., not TKHK. The provisions are applied and the case is filed in the Civil Court of First Instance.
The fact that the seller is not a commercial enterprise does not prevent him from being held responsible for the defect.
The seller says that he did not reduce the mileage and that he bought the vehicle as it is. Does this absolve him of responsibility? No. According to Article 219 of the Turkish Code of Commerce, the seller is responsible even if he did not know about the defect or did not do it himself. If the seller wishes, he can have recourse against the person who sold him the vehicle; but this does not exclude its liability to the buyer.
It's been three years since I bought the vehicle, can I still file a lawsuit? As a rule, although the two-year statute of limitations has expired, this period often does not apply, since lowering the mileage is considered a serious fault/fraud by the Supreme Court. It is recommended that you consult a lawyer to make an evaluation based on the evidence of the concrete incident.
Can I both file a lawsuit for compensation and file a complaint with the prosecutor's office? Yes. The legal (compensation) process and the criminal (fraud) process are independent of each other and can be carried out simultaneously. The criminal process may also create an element of pressure on the seller.
Can I keep the vehicle and ask for the price difference instead of returning it? Yes, this is one of the optional rights. When requesting a discount from the price, the fair and defective fair values of the vehicle are determined by the expert and the discount amount is calculated using the relative method of the Supreme Court.
Late notification: Learning about the defect and continuing to use the vehicle for months may result in the product being accepted in its defective state; The notification must be made immediately.
Verbal warning: Notifications made by phone or verbally cause proof problems; A notary notice or written notification should always be preferred.
Filing a lawsuit in the wrong court: Failure to correctly determine whether the seller is a gallery or an individual will result in the case being dismissed with a decision of lack of jurisdiction and loss of time.
Taking action without collecting evidence: Applications made without TRAMER registration, inspection history and service records may be rejected due to lack of proof.
Do not accept the statute of limitations from the beginning: It is wrong to give up your right thinking that two years have passed; The cheating/gross fault exception applies in most km reduction cases.
The buyer who encounters a vehicle with reduced mileage has both strong legal and criminal protection mechanisms; However, the effective use of this protection depends on determining the correct legal basis according to the seller's title, making the notification immediately and in writing, and collecting the evidence (TRAMER, inspection record, expert report) completely. The most critical element that determines the fate of the case is the correct presentation of the serious fault/fraud nature of reducing mileage in the face of the statute of limitations. If you are faced with a vehicle with reduced mileage, getting support from a lawyer at the very beginning of the process will ensure both the determination of the correct optional right and the complete calculation of your compensation. As Küheylan Law Firm, we provide support to our clients with our expert staff in disputes about vehicles with hidden defects.
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 evidence and expert findings of each concrete case. Since mismanagement of deadlines and notification obligations may lead to irreparable 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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