Best Motor Vehicle Defect Lawyers in Yenişehir

About Motor Vehicle Defect Law in Yenişehir, Turkey

Motor vehicle defect law in Yenişehir, Turkey is part of broader consumer protection and product liability legislation designed to ensure that purchased vehicles meet specific standards of safety and functionality. If a car, motorcycle, or commercial vehicle is sold with a defect-whether in design, manufacturing, or due to inadequate instructions-buyers have legal rights to compensation, repairs, or even vehicle replacement. Turkish law protects consumers from financial loss or injury caused by defective vehicles, and there are clear legal avenues to seek redress.

Why You May Need a Lawyer

Dealing with motor vehicle defects can be complex, especially when the defect is disputed or causes significant harm. You may need a lawyer if:

• You purchased a new or used vehicle and later discovered a significant defect affecting safety or function.
• You were denied a warranty claim or your request for repairs was refused by the seller or manufacturer.
• The defect led to an accident, injury, or substantial financial loss and you need to claim compensation.
• There is disagreement over whether the defect existed before the sale or was caused by misuse.
• The vehicle has a recurring issue that remains unaddressed after multiple repairs (commonly known as a “lemon” vehicle).

A lawyer can ensure your complaint is properly filed, gather evidence, negotiate with manufacturers or dealers, and represent you in court if necessary.

Local Laws Overview

In Yenişehir, as in the rest of Turkey, motor vehicle defect issues are mainly governed by the Turkish Consumer Protection Law (Law No. 6502), provisions of the Turkish Code of Obligations, and relevant regulations from the Ministry of Trade. Key points include:

• Defective Goods: Consumers are protected if products fail to meet the requirements stated in the contract, are not suitable for their ordinary use, or do not comply with descriptions by the seller or manufacturer.
• Warranty Period: New vehicles must have a minimum two-year statutory warranty, with additional warranties possible from the manufacturer.
• Right to Remedy: In the case of a defect discovered within warranty, the consumer may request free repair, replacement, a price reduction, or cancellation of the contract and a full refund.
• Burden of Proof: Defects identified within the first six months are presumed to have existed at the time of delivery, unless proven otherwise by the seller.
• Statute of Limitations: Claims under warranty must generally be made within two years of delivery, but other time limits may apply depending on the circumstances.
• Dispute Resolution: Disputes may be handled by Consumer Arbitration Committees or Consumer Courts, depending on the claim value.

Frequently Asked Questions

What qualifies as a “defect” in a motor vehicle?

A defect is any issue that diminishes the vehicle’s value, usability, or safety, and was present at the time of sale or manifested during the warranty period. This can include factory faults, design issues, or substandard repairs.

What should I do if I discover a defect in my vehicle?

Contact the seller or manufacturer immediately and document the defect with photos, written descriptions, and service reports. Always keep receipts and correspondence.

Can I return my vehicle if it is defective?

Yes, if the defect is substantial and cannot be resolved through repair or replacement, you may be entitled to a refund by rescinding the purchase contract.

Does the warranty still apply to used vehicles?

Used vehicles are generally covered by a six-month warranty if sold by authorized dealers or commercial sellers, though private sales may not offer warranty protection.

What if the seller refuses to repair my vehicle?

You can file a complaint with the Consumer Arbitration Committee for claims up to a certain amount, or proceed to the Consumer Court for larger claims or unresolved cases.

Who is responsible for defects-dealer or manufacturer?

Both may be held liable. The seller is directly responsible to the consumer, but manufacturers may also be liable, especially for hidden or manufacturing defects.

How long do I have to make a claim?

Generally, claims must be made within two years of delivery for new vehicles. Other limitation periods may apply for used vehicles or different types of defects.

Can I claim compensation for injuries caused by a defect?

Yes, if you suffered injury or property damage due to a vehicle defect, you may claim damages under product liability rules in addition to consumer protection laws.

Is expert evidence required in court?

In many cases, courts or arbitration committees may appoint technical experts to assess if a defect exists and determine liability.

What if the defect appeared after several months?

If the issue arises within the warranty period, it is presumed that the defect existed at the time of delivery, unless the seller proves otherwise.

Additional Resources

If you need further information or support, consider contacting:

• Yenişehir Directorate of Trade: Offers consumer protection services and mediation for local disputes.
• Yenişehir Consumer Arbitration Committee: Handles low-value consumer claims related to defective goods including vehicles.
• Ministry of Trade (Türkiye Cumhuriyeti Ticaret Bakanlığı): Provides guidance on consumer rights and product safety.
• Bar Association of Bursa: For referrals to locally licensed lawyers specializing in consumer law.
• Automobile Association of Turkey (Türkiye Otomobil Sporları Federasyonu - TOSFED): For technical standards and safety information regarding vehicles.

Next Steps

If you believe you have been sold a defective motor vehicle in Yenişehir, consider the following steps:

1. Gather all documentation: contracts, warranty papers, repair bills, correspondence, and evidence of the defect.
2. Contact the seller or manufacturer to formally notify them of the defect and request a remedy.
3. If your request is denied or ignored, file a complaint with the Consumer Arbitration Committee or the Directorate of Trade in Yenişehir.
4. For complex or high-value cases, or if negotiations fail, consult a qualified lawyer experienced in consumer and product liability law for advice and potential legal representation.
5. Stay informed of your rights and maintain detailed records throughout the process for the best chance of a favorable resolution.

Seeking timely legal advice can help protect your rights and secure appropriate remedies for defective motor vehicles in Yenişehir, Turkey.