Finding out that the brand-new car we bought was previously painted. This is extremely bad for those of us who are passionate about their cars. What should we do if there is a defect in the rental car?
I asked the lawyer Elvan Kılıç what you should do if you bought or rented defective goods and she said the following about this issue: “This situation is completely different in the case of rentals and brand*-new purchases. If there is a defect in a car you rent, the rental company is directly responsible. But you can also go directly to the manufacturer. For example, if your rental car suddenly burned and you were injured in some way, you can go to both the rental company and the manufacturer. The production plant of these cars are sometimes in Turkey and sometimes abroad. It doesn't matter which one you go to. However, the first degree responsible is the rent-a-car company. Rent-a-car companies have to have the cars insured for such cases. Or they can't get a license as a rental company.”
What is hidden and clear defect?
So, what happens in purchases, what should we do?
“There are hidden defects and clear defects in this case. If you can see the defect with a simple examination, you can say I won't buy this product or I will buy a new one. This is a clear defect. If there is a visible defect, you have the right to withdraw within 14 days. You can exercise your right. But in the case of hidden defect, for example, you can find out two years later that the car was painted although they sold it to you as brand-new. This is directly a hidden defect. A situation that must be solved through legal aspects.”
What are our rights as consumers?
What kind of rights do we have in such situations? “This is a situation determined according to consumer law. Here, the consumer has option rights over defective goods arising from the Consumer Law. These option rights can be listed as follows: Withdrawing from the contract by stating that they are ready to return the sold goods, keeping the sold goods and requesting a discount on the sale price at the rate of the defect, requesting that the sold goods be repaired free of charge at the cost of the seller as long as it is not too costly, and if possible, requesting that the sold goods be replaced with a non-defective one.
For example, replacing the car with an unpainted one is the most common practice. Another option is to demand this car's price for a refund. Everyone can withdraw the contract by taking back what they gave. The contract can also be terminated. The transaction is made by deducting the usage price. However, our advice is always the option of replacing the car with an unpainted, non-defective one.”
What should we do?
What should we do if we have been through this? “Consumer rights in our country are largely protected under the Consumer Law enacted. Therefore, it is necessary to serve a warning to the place where we purchased the defective goods first. We recommend that you do this in consultation with a lawyer. It is necessary to apply to Consumer Arbitration Committees. This can, of course, vary depending on the circumstances of the situation. In large disputes, Consumer Courts should be resorted to. All this varies according to the state of the substantial event. The paths that can be followed may lead to favorable results under the supervision of a qualified lawyer.
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