Attention those who will buy a new vehicle! Exemplary decision from the Supreme Court – Last Minute Economic News
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A citizen in Istanbul bought a new car for 193 thousand 494 euros in 2016. The car broke down approximately 10 months later. The owner of the vehicle took the vehicle, which was stranded on the road due to a malfunction, to the dealer where he bought it with the help of a tow truck. According to Sabah’s news, the dealer stated that the vehicle’s engine needed to be replaced after his inspection.
As a result of the agreement made with the dealer, the owner of the vehicle exchanged his defective vehicle for a new one with a difference of 13 thousand 300 Euros. However, this vehicle also had the same malfunction 2 years later. The citizen who applied to the authorized dealer again was told that the car’s engine needed to be changed.
The owner of the vehicle, who did not approve the engine replacement, filed a lawsuit demanding that the vehicle be replaced with an identical one without any defects, claiming that the vehicle had a hidden defect due to manufacturing. The court decided to replace the vehicle because the zero kilometer vehicle was defective, requiring engine replacement.
EXEMPLARY DECISION FROM THE COURT OF COURT
The defendant dealer appealed the decision of the first instance court. The court of appeal also found the consumer right. The 3rd Civil Chamber of the Supreme Court of Appeals, which examined the file upon appeal of the decision, made a precedent decision. The Chamber approved the decision of the Regional Court of Justice, noting that if the product is found to be defective, the consumer can use one of his optional rights to request that the product sold be replaced with a non-defective one.
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