Claim For Damages Caused By Defective Goods
What is Defective Goods?
If you bought a phone and realized that it was defective when you got home, this is defective goods. In terms of Consumer Law, it must first be a seller. A real or legal person who offers goods to consumers through commercial or professional activity, including public legal entities, refers to the seller. Goods, on the other hand, refer to tangible goods such as movable goods subject to shopping, residential or vacation immovables; intangible goods that can be opened electronically such as software, image and sound. In the sale of goods between the seller and the consumer, the goods are defective if the goods do not have the agreed characteristics or do not have the characteristics that they should objectively have. There are three forms of defect: Material, economic and legal defect. Material defect refers to the deficiency in the physical characteristics of the goods. Economic defect is the deficiency in the economic returns expected from the goods. Legal defect is the inability of the consumer to use the powers arising from the right of ownership due to public law.
Goods that do not have at least one of the features specified in the packaging, label, website or advertisements are defective. Goods that do not provide or reduce the benefits expected by the consumer; Goods with material, economic or legal deficiencies that do not carry the characteristics of similar products are defective. Goods that are not delivered within the agreed period or improperly assembled are considered defective. For goods whose assembly is left to the consumer, the goods are also considered defective in case of incorrect assembly due to deficiencies or inaccuracies in the assembly manual. In Consumer Law, it is not important that the defect in the goods is a non-essential defect. In other words, simple deficiencies are sufficient for the consumer to accept the goods as defective. The defect may be recognized at the time of the conclusion of the contract or later. If there is an obvious defect that can be recognized at the time of the conclusion of the contract, we cannot talk about breach of contract. The defect in the goods must be at the time of delivery. Defects that appear within 6 months after delivery are deemed to exist on the date of delivery, but it is possible to prove otherwise.
Claim for Damages Caused by Defective Goods
TO THE JUDGE OF THE … COURT
THE PLAINTIFF :
ADDRESS :
PROVOCATE :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : It is our request for the collection of the damages incurred due to the defective goods.
EXPLANATIONS
1-) Our client purchased the immovable property in the nature of land parcel numbered …., located within the borders of …. and in the vicinity of …., from the defendant Municipality on …/…/… with the decision of the council dated …/…/… dated …/…/… (Annex 1) by paying ….. -TL. (Annex 2)
2-) Our client made an application (Annex 3) to the defendant Municipality on …/…/…/…date to build a construction on the land he purchased and was given a reply stating that a construction permit would not be granted because the immovable was located within the boundaries of the landslide zone <Disaster-Prone Zone>. (Annex 4)
3-) In this state, our client cannot benefit from the immovable property; he cannot realize his dream of living in the immovable property that he will build with the retirement bonus he deserves after his retirement on the land he has dreamed of for years and bought by saving money for this purpose.
3-) Pursuant to Article 219 of the Turkish Code of Obligations No. 6098, “The seller is liable to the buyer for the absence of the qualities declared in any way, as well as for the presence of material, legal or economic defects that are contrary to the quality or quantity affecting the quality, that eliminate or significantly reduce its value in terms of its intended use and the benefits that the buyer expects from it. “ What is meant by the term “intended benefit” is the ability to use the sold item for the matter to which it is related. Because the purpose of the person who purchases real estate in the nature of land is to build a building on this place. According to the current legal regulations, the prohibition of building a building on the land in question should be considered as a legal defect for the land. In addition, in the face of the fact that it should be foreseen that the land sold will definitely be built or disposed of in a similar way by the purchaser, it should not be overlooked that there is no need to make a separate commitment and that the defendant has clearly made a legally defective sale. The expert and discovery examinations to be made by your court will also serve to clarify the issue.
4-) It has become necessary to file this lawsuit in order to decide to collect the damages suffered by our client from the defendant.
LEGAL EVIDENCES : 1-) Council decision dated …/…/…,
2-) …/…/… dated sales contract and payment documents,
3-) …/…/…/… dated letter of application to the defendant,
4-) …/…/…/… dated response letter,
5) Expert witness,
6-) Discovery
CONCLUSION AND REQUEST
For the reasons we have explained above, we respectfully request on behalf of our client to decide to collect a total of …-TL from the defendant, together with the …-TL that our client has suffered due to the defective land sold and …. interest to be calculated from the date of sale, and to decide to impose the trial expenses and attorney’s fees on the other party. …/…/…
Counsel for the Plaintiff