Consumer law · Legal information

Is Withdrawal in Prepaid Housing a Defective Delivery?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Withdrawal in prepaid housing is the right of withdrawal the statute recognises from a contract formed before the dwelling is delivered, and it is not a defective delivery. The statute recognises this right as fourteen days from the date the contract was formed. It is enough that the notice was directed to the seller within this time. A defect looks at the quality of the dwelling that was delivered. A deduction rate is not in this text.

The fourteen days are not shortened as if they were the days of another type of sale. Time is not treated as having started to run before the contract date stands. An invoice does not stand in for the day of formation. If the petition melts a defect and withdrawal into the same sentence, which right was used is lost.

Withdrawal is not a defective delivery

Withdrawal is turning back from the price paid for a dwelling that has not yet been delivered. The ground is not a crack in the dwelling or incomplete work. A defect is another claim, built with the delivery minute, and it stands under a defective dwelling. If the two claims are melted in the same petition, the name of the right is erased. The fourteen days are not the name of the defect period after delivery.

A debate on quality opened after the delivery minute was signed is not a copy of the notice of withdrawal. Withdrawal looks at the fourteen days that run from the date of formation. A defect looks at whether the thing that was delivered matches the promise. Whichever the document shows, the claim is built from that document, and the other is not added by itself.

The fourteen days run from formation

The right is read from the date of the contract. The consumer may withdraw within these fourteen days without showing a ground and without paying a penalty. If the notice was directed to the seller, it is treated as made within the time. The seller is obliged to prove that the consumer was informed about the right of withdrawal. When there is no information document, the time is not declared to have closed against the consumer by itself.

Withdrawal in a distance sale stands under the right of withdrawal. That record is another type of contract. This text writes the fourteen days of prepaid housing and does not invent a second day. If the pre-contract information form and the contract that was signed conflict, the day of formation is asked from the text that was signed.

Deduction and form

There is no penalty on a withdrawal within fourteen days. A deduction discussed after the time has passed stands in the statute and in the contract. A deduction rate is not written here. The form of the contract is the form prepaid housing looks for. A gap in form is not named as a defect of a flat that has been delivered. An invoice does not complete the form by itself.

A payment document shows that the price was received. A note or a cheque asked for without a valid contract is a separate debate. The petition does not recount this document like a defect minute. The application places the date of formation, the notice and the payment document side by side. A missing page does not mean the time has run out.

Construction in return for flats is not this withdrawal

A construction contract in return for flats is not this withdrawal. That relationship is between the landowner and the contractor, and it stands under construction in return for flats. A prepaid sale is between the seller who takes the price of the dwelling and the buyer. If the headings are mixed, the wrong contract is read. A share of the land does not by itself carry the fourteen days of prepaid housing.

An application in the dispute stands under the arbitration committee. The committee does not take a defect and withdrawal for the same claim. A result is not said before the original of the contract and the notice stand. An invoice does not create the type by itself.

The seller's information document should also show on which day the contract was formed. If there is no document, which calendar the fourteen days ran on is not closed by a guess. The application places the date of formation and the day the notice was directed side by side. A payment document does not stand in for the day of formation, and the petition does not reduce these two dates to a single day.

Where the withdrawal day is read from

Withdrawal in prepaid housing is read from the date the contract was formed and from the right of fourteen days. A defect is separated from this right. An office in Çankaya does not choose the authority on withdrawal in prepaid housing. A deduction rate and another withdrawal day are not written in this text. Construction in return for flats is not taken for this right of withdrawal.

Conclusion

Withdrawal in prepaid housing is not a defective delivery. The right is fourteen days from the date the contract was formed, and it is enough that the notice is directed to the seller. A deduction rate is not written. The frame stands on the consumer law page. The basis is Law No. 6502 on the Protection of the Consumer.

Legislation

Frequently asked questions

Is withdrawing from prepaid housing an action for defective delivery?

No. Withdrawal is turning back from the contract before delivery. A defect looks at the quality of the dwelling that was delivered and is a separate record. The two claims are not the same petition.

How many days is the withdrawal time?

The statute recognises the right of withdrawal in a prepaid housing sale as fourteen days. The time is read from the date the contract was formed. The day of other types of contract is not carried here, and a deduction rate is not written.

What is the deduction rate?

A rate is not written. A penalty is not looked for on a withdrawal within fourteen days. A deduction after the time has run out is read from the contract and from the statute. A gap in form is not named as a defective delivery either.

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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