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Unfair Conditions, File Cost / Appraisal / Early Payment Commission Refund and 10-Year Payments within the Scope of Article 5 of TKHK No. 6502
This guide has been prepared taking into account the legislation in force as of 2026 and the Supreme Court case law.
Items such as file costs, loan allocation fees and transaction costs, which banks include in printed form in housing and consumer loan agreements without negotiating with the consumer, are unfair terms within the meaning of Article 5 of Law No. 6502 and are absolutely void. According to the established jurisprudence of the Supreme Court, the bank can only request from the consumer the necessary, reasonable and documented expenses for granting the loan; The burden of proving that this expense is mandatory belongs to the bank. Writing "I have read, understood, and accept" in handwriting at the bottom of the contract does not alone prove that the relevant term has been separately negotiated with the consumer. Refund of unjustly collected amounts is subject to a statute of limitations of ten years from the date of actual deduction. The refund request should first be directed to the bank, and if no results are obtained, an application should be made to the Consumer Arbitration Committee or Consumer Court, depending on the nature of the dispute. Loans used for commercial purposes are outside the scope of this protection.
According to Article 5 of Law No. 6502, unfair terms are contract provisions that are included in the contract without negotiation with the consumer and cause an imbalance in the contractual rights and obligations of the parties to the detriment of the consumer, contrary to the rule of honesty. The typical application area of this definition is the printed loan agreements prepared by the banks in advance, where the consumer does not have the opportunity to bargain on the clauses. The law provides that unfair terms are absolutely void for the consumer; This invalidity is taken into account by the court ex officio and the consumer can claim the invalidity of the condition indefinitely against the bank that made a request based on the unfair condition.
In practice, banks argue that the consumer handwrites "I have read, understood, I accept" under the relevant clause of the contract and therefore the term has been negotiated. However, the Supreme Court consistently accepts that such standard phrases added to a printed contract are not sufficient on their own to prove that the relevant expense item was negotiated separately and in real terms with the consumer.
Banks already make a profit from the loan agreement through interest. In addition, items such as filing fees, allocation fees or processing costs can only be requested if they correspond to documented and reasonable expenses that the bank actually incurred to provide the loan. If the existence of such an expense cannot be proven, the entire amount collected is considered an unfair condition.
In housing loans, the bank pays a fee to an appraisal company to determine the value of the real estate and may pass this cost on to the consumer. However, if the bank collects an amount from the consumer that is higher than the actual amount paid to the appraisal company, the difference constitutes unjust enrichment and a refund may be requested.
Life insurance premium is not automatically considered unfair in every case. The General Assembly of the Supreme Court of Appeals ruled that in cases where the insurance provides benefits to the consumer in addition to securing the loan debt, this fee cannot be described as an unfair condition unless there is a clear disproportion and injustice. On the other hand, insurances imposed without the consumer's express request or at exorbitant prices may constitute unfair conditions; Therefore, the evaluation should be made according to the characteristics of the concrete case.
In housing finance (mortgage) contracts, in case of early closure of a fixed interest loan, the bank may request early payment compensation in accordance with TKHK Article 37; However, this compensation cannot exceed one percent of the early paid principal for loans whose remaining maturity does not exceed thirty-six months, and two percent for loans exceeding thirty-six months. For loans with variable interest rates, no early payment compensation can be claimed. Commission deductions that exceed this legal ceiling are considered unfair terms and are subject to refund.
File fee / transaction cost Unfair as a rule Refunded if the bank cannot prove that it is mandatory and documented Appraisal fee (actual price) Legitimate The amount actually paid to the third party (expertise firm)
Early payment compensation (within legal limits) Legitimate Maximum 1% / 2% for fixed interest mortgage loan
Early payment compensation (exceeding the limit) Unfair The part exceeding the ceiling in TKHK article 37
Life insurance premium Varies depending on the concrete event. If there is obvious disproportion/unfairness, it may be an unfair condition.
According to the established jurisprudence of the Supreme Court, the bank has the right to demand from the consumer the expenses incurred in its capacity as a merchant, but since the dispute arises from consumer law, it can only request the mandatory, reasonable and documented expenses for granting the loan. The burden of proving that these expenses are actually incurred and necessary lies with the bank; If the bank cannot provide this proof with documentation, the entire amount collected is deemed to be unfair and a refund is decided.
The request for refund of filing fees and similar unjust deductions is considered a contractual claim and is subject to a ten-year statute of limitations according to general provisions. The General Assembly of the Supreme Court of Appeals has brought an important clarification regarding the beginning of this ten-year period: the period begins not from the date of signing the loan agreement, but from the date on which the unjust deduction is actually and legally collected from the consumer's account. Initiating enforcement proceedings interrupts the statute of limitations and a new ten-year period begins to run from the date of termination.
How Does the Return Process Work? The procedure to be followed when requesting a file fee refund is as follows: 1. Requesting a statement from the bank: First of all, a detailed breakdown of the collected expenses is requested in writing from the bank from which the loan was used.
2. Written application to the bank: For the refund of unfair deductions, a written application is made to the bank, preferably with a notary notice, for ease of proof.
3. Consumer Arbitration Committee or Consumer Court: If the bank rejects the request or does not respond, an application is made to the Consumer Arbitration Committee if the dispute value is below the current monetary limit, and directly to the Consumer Court if it is above it.
4. Objection and enforcement: If the bank objects to the decision of the arbitral tribunal, the process continues in the Consumer Court; The final decision may be subject to enforcement proceedings.
In case of death of the person using the loan, the legal heirs can apply to the bank or the arbitration committee as the beneficiary, together with the deed of inheritance, and request the refund of the unfair expenses deducted from their heirs in proportion to their share of the inheritance. Since loans used for commercial purposes (such as company capital, tradesman loans) are not within the scope of Law No. 6502, file fee refunds for these loans are evaluated with much more limited opportunities and according to general provisions.
When a consumer used a mortgage loan from a bank four years ago, he notices that 15,000 TL was deducted under the name of "file fee" and 8,000 TL was deducted under the name of "appraisal fee" in the contract. The bank paid only 3,000 TL to the appraisal firm.
The consumer requests the deduction statement from the bank in writing and requests the refund of the entire file fee and the excess of 5,000 TL in the appraisal fee by sending a warning through a notary. When the bank does not respond, the consumer applies to the Consumer Arbitration Committee because the total amount remains below the current monetary limit; Presents the loan agreement, receipts and appraisal invoice as evidence.
The committee determined that the bank could not prove that the file fee was mandatory and documented, and that the appraisal fee was collected in excess of what was actually paid, and decided to refund the total amount of 20,000 TL to the consumer, along with legal interest. The bank does not object to the decision and the amount is transferred to the consumer's account after the decision is finalized.
statute of limitations 10 years The period runs from the collection date of the deduction, not from the contract date.
Application to the bank Mandatory step before lawsuit/application It must be made in writing, preferably with a notary notice.
Arbitral Tribunal / Court According to disagreement value Below the current monetary limit is the Arbitration Committee, above the current monetary limit is the Consumer Court.
The burden of proof is on the bank. The bank must prove that the expense is necessary, reasonable and documented.
I hand-wrote and signed the contract saying "I accept the filing fee", can I still get a refund? Yes. According to the Supreme Court, such a standard handwritten statement alone does not prove that the relevant expense was actually negotiated with you. The condition may still be considered unfair.
How many years ago can I claim filing fees for loans I took out? You can claim it within ten years from the date the deduction was actually charged to your account. Therefore, it is possible to apply for all your loans within the past ten years.
Can I request a refund for the filing fee for the commercial loan I used on behalf of my company? Since loans used for commercial purposes are not within the scope of Law No. 6502, application cannot be made to the Consumer Arbitration Committee; Such requests must be evaluated according to general provisions and with more limited means.
Is it mandatory to hire a lawyer to refund loan expenses? No, it is not mandatory; However, preparing the file with the correct evidence and the correct amount will prevent loss of rights, especially in applications involving high amounts or many loans.
My father, who used the loan, passed away. Can I claim the filing fee as the heir? Yes. You can request the refund of the unfair deduction in proportion to your share of the inheritance by applying to the bank or the Consumer Arbitration Committee with your inheritance decree.
Filing a lawsuit without applying to the bank: Not starting the process with a written application to the bank may lead to proof and procedural problems in the future.
Verbal application: Requests made by phone are weak in terms of proof; Written application or notary notice should be preferred.
Miscalculating the statute of limitations: Not knowing that the beginning of the ten-year period is the collection date of the deduction, not the contract date, may lead to valid claims being abandoned.
Mistaking a commercial loan for a consumer loan: Applying to the Consumer Arbitration Committee for loans used within the scope of company or tradesman activities will be rejected due to lack of jurisdiction.
Application without documentation: Applications made without a loan agreement, receipt and appraisal invoice, if any, may be rejected due to the inability to prove the amount.
In housing and consumer loans, items such as filing fees, appraisal differences or early payment commissions exceeding the legal limit are considered unfair terms by the established jurisprudence of the Supreme Court and are refundable. Exercising this right depends on the determination of the correct expense item, the correct calculation of the ten-year limitation period and the duly initiation of the process by written application to the bank. If you think that a file fee, appraisal fee or similar deduction has been made on a loan you have used in the past years, getting support from a consumer law lawyer will ensure that the correct amount is calculated and the process is completed quickly. As Küheylan Law Firm, we provide support to our clients with our expert staff in cases of unfair terms in loan agreements and expense refund 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 contract conditions and evidence status of each concrete case. Since mismanagement of the application and limitation periods 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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