Reply Petition For Cancellation Of Vehicle Sales Contract
ANKARA ( ) COURT OF FIRST INSTANCE
BASE NO:2022/…
DEFENDANT : C….. D….. (T.C.:…………)
ADDRESS :……………………………….. Batıkent Yenimahalle Ankara
REPRESENTATIVE :
ADDRESS :
TELEPHONE :
THE PLAINTIFF : A…. B… (T.C.:……………)
ADDRESS :
………………………….. Batıkent Yenimahalle Ankara
SUBJECT OF THE CLAIM :
It consists of our response to the lawsuit filed by the plaintiff.
EXPLANATIONS
Client C….. D….. ../../…. On the date of 06 …, he placed an advertisement on the internet to sell his 06 … plate, chassis number …, … model, petrol, … brand vehicle; the plaintiff, who saw the advertisement, became a suitor for the client’s vehicle through mutual acquaintances. The plaintiff, …/../…. On the date of ../../…., the plaintiff sent a message to the client over the internet, stating that he was interested in the vehicle and wanted to see it in person. (message conversation records are attached as Annex 1) The plaintiff ../../…. On the date of .././, the plaintiff came to Batıkent, where the client was located, met the client and examined the vehicle.
The plaintiff and the client took a short tour with the vehicle and the client gave all the information he knew about the vehicle; he stated that the vehicle was clean and had no problems. The defendant client had recently purchased the vehicle and had not encountered any problems when he had previously shown the vehicle to an expert (ANNEX-2). Therefore, he did not know that the vehicle had any problems. Since he was not an expert on automobiles and had no problems with the vehicle in terms of use, he introduced his vehicle, which was trouble-free for him, to the other party.
The plaintiff said that he would think about it at the end of the day and left the place. Subsequently, other people sued for the vehicle over the internet and contacted the client (message conversation records are attached as Annex 3). Since the client urgently needs money, he intends to sell the vehicle as soon as possible. For this reason, since there were acquaintances and the plaintiff had seen and liked the vehicle, the client contacted the plaintiff and asked whether there were other suitors and whether he would buy the vehicle. The client’s aim at this point was not to squeeze the plaintiff, but to prevent the plaintiff from being victimised.
When the plaintiff said today and tomorrow, the defendant continued to delay the client, even though he knew that the client urgently needed to realise this sale. At each postponement, the client had to declare that he urgently needed the money and that if he was not going to buy it, he wanted to sell it to someone else. Although the plaintiff has put the defendant in a difficult situation with this action, he has revealed his malicious behaviour by declaring that the client pressured him in the petition of the lawsuit.
It will be seen from the presented message records that the client never prevented the plaintiff from taking the vehicle to the expert. However, the plaintiff constantly delayed and stole the client’s limited time. The defendant client finally declared that the vehicle had no problems and accidents and that if he was not interested, he had agreed with someone else and would sell his vehicle. Upon this, the plaintiff finally said that he would buy the vehicle.
Parties ../../…. The parties went to the notary public on the date of …/../…. dated …/../…. issued by Ankara … Notary Public … dated … journal numbered contract (ANNEX-4) issued by Ankara … Notary Public. The price of the vehicle, 000,00 TL, was deposited into the client’s TR…. Iban account of the client (bank account statements are attached as Annex 5).
Only a few days after the sale transaction ../…/…. On the date, the plaintiff called the client and claimed that the vehicle was totaled, that he had a report in his hand and for this reason, he demanded the cancellation of the contract and his money and also TL 000.00, claiming that he had deceived him (the message call records are attached as Annex 6). The client rejected the plaintiff’s request by saying that he was not aware of the existence of such a major damage to the vehicle, that the report was wrong, that he wanted to show it to another expert and that he could not pay such money to him.
The plaintiff did not agree with the idea of showing it to another expert and demanded an amount from the client which was much more than the sale price. It is clear that the demands of the plaintiff A… B…. and his actions until the sale transaction are contrary to all kinds of good faith rules. We object to all baseless claims of the plaintiff.
LEGAL GROUNDS :
CCP, TMK, TCO, Law of Attorneys and other relevant legislation
EVIDENCE :
Message call records, contract dated ../../../…. issued by Ankara … Notary Public Contract dated … with journal number, Bank account statements, ../../…. Expert report dated …/../, the aforementioned documents, witnesses, experts and any other evidence
CONCLUSION AND REQUEST :
For all the reasons explained above and to be taken into consideration by your Court ex officio,
1-Rejecting all unfounded claims and demands of the plaintiff,
2-We request and demand by proxy that the judicial expenses and attorney fee be decided to be charged to the other party. 07/01/2022
Counsel for the Respondent
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