Consumer law · Legal information

Is Delivery of a Defective Dwelling a Construction-for-Flats Contract?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Delivery of a defective dwelling is the independent section sold to the consumer not being given in the quality promised in the contract. A construction-for-flats contract is another relationship, between the landowner and the contractor. What is read here is the defect in the dwelling that was sold. Withdrawal from a prepaid contract is not this defect either. There is no number of days and no amount in this article.

A sale contract is not construction for flats

In construction for flats a share of the land is given, and the contractor undertakes the construction. That contract is in the article on construction for flats. In a dwelling sale the buyer buys an independent section. The seller's promise is measured by the quality in the sale contract and by the delivery minute. The parties of the two contracts are not dissolved in the same sentence. Which signature carries which defect is read from the heading of the paper.

The buyer may also be the landowner. Then the two files can stand side by side. Even so, the effect of the land-share contract does not take the place of the defect minute of the flat that was sold. The decision is built by looking at which document wrote that defect. If the petition mixes the two headings, the examination scatters.

The delivery minute carries the defect

The comparison is between the list in the sale contract and the condition seen on delivery. Incomplete work, an area that does not match the contract, or an independent section that cannot be used is shown with the minute and photographs. An oral note of a visit is not put in the place of the minute. An invoice may show the price that was paid. The nature of the defect is read not from the invoice but from the contract list and the minute.

A defect is not withdrawing from the contract before delivery. Withdrawal is in the article on a prepaid dwelling. The general frame of a defect in goods is in the article on defective goods. Which elective right will be used is built separately according to the minute in hand. This text does not rewrite that menu.

Where the defect is read from

The quality in the sale contract and the condition in the delivery minute are read side by side. A difference in area is not announced as a defect of itself if there is no measurement minute. A figure that is not written on the paper is not produced. The office in Çankaya does not choose the authority for an application about a defect in a dwelling. The competent place is read from the record in the contract and on delivery.

The application is not reduced to a general sentence of complaint without the contract, the minute and the photograph in hand. The monetary limit of the arbitration route is not in this article. The face of the application sits in the article on the consumer arbitration committee. The limit is read from the current text. It is not frozen here.

Which paper speaks of the defect

The list signed on delivery may not by itself be the last word for paint, joinery or damp noticed later. A condition that stayed hidden may not have been written on the minute at the moment of delivery. Even so, a photograph taken later is read together with the promise sentence in the contract. An oral note that "it is fine" does not erase the gap on the list.

If a common area and an independent section join in the same complaint, the two places are kept apart. The site management's writing does not take the place of the sale contract. Which decision belongs to the flat, and which to the common place, is separated from the heading.

A condition seen after delivery

The delivery minute writing that it is complete does not of itself close damp or a joinery problem that appears later. Whether it closes is asked by looking at whether the defect could be seen on delivery and at the quality in the contract. This question does not produce a number of days. If the date of the photograph is after the complaint, that date is written. If there is no date, the photograph is not pasted onto the moment of delivery. A photograph that is not pasted is not thrown away either. If it is uncertain on which day it was taken, the uncertainty is stated separately.

A complaint about a common area and the defect inside the flat can stand in the same petition. Even so, the site management's writing does not change the promise of the sale contract. A management decision should show in its heading which block it belongs to. If it does not show that, it is not put in the place of the flat's minute. An invoice may show the service charge or the sale price. The name of the defect is not read from the item on the invoice.

The question whether it is construction for flats is separated from the heading of the paper. The defect in the independent section sold to the buyer is not the same request as termination of the land-share contract. If the two requests stand side by side in the same application, it is written separately which rests on the minute and which on the land contract. If it is not written separately, the examination carries the effect of the wrong contract onto the flat. The carrying does not produce an amount from this text either.

Conclusion

Delivery of a defective dwelling is the defect in the dwelling that was sold. Construction for flats is not the name of this file. An Ankara lawyer does not write the sale and the land contract on the same minute. Delivery is read with the contract list and the minute. The framework is on the consumer law page.

The basis is Consumer Protection Law No. 6502.

Legislation

Frequently asked questions

Is a construction-for-flats contract the name of this defect?

No. Construction for flats is the construction contract between the landowner and the contractor, and it is a separate article. What is read here is the defect on delivery of the dwelling sold to the consumer.

Is withdrawing from the contract before delivery a defect?

No. Withdrawal from a prepaid dwelling is a separate heading. A defect is the delivered dwelling not having the quality in the contract. The two requests are not written on the same minute.

Is a difference in area a defect of itself?

If the area written in the contract conflicts with the area measured on delivery, this can be part of the defect record. The difference is not announced without a measurement minute. A figure is not invented in this article.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Consumer law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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