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This client alert is intended as a high-level, practical snapshot of the principal statutory time limits that may be applicable to prepaid residential sale agreements (notably off plan sales) under Turkish consumer law, with emphasis on delivery/transfer, withdrawal, rescission and defect-related limitation periods. The applicability and consequences of these time limits are fact-specific and require separate legal analysis in each case, including the contractual classification (e.g., distance or off-premises), the financing and payment mechanics, and the capacity and legal status of the parties
- Withdrawal right: 14 days from signing the prepaid housing sale agreement (no penalty).
- Rescission right: up to 24 months from signing (statutory charges/compensation may apply depending on timing).
- Delivery/transfer: must occur within the promised timeframe; in any event, it cannot exceed 48 months from signing.
- Defect period for housing: 5 years from delivery (general rule: 2 years; second-hand housing: minimum 3 years).
Legal basis: Law No. 6502 on the Protection of Consumers and the Regulation on Prepaid Housing Sales.
| Topic | Time limit | Starts from | Practical note (brief) | Legal basis |
|---|---|---|---|---|
| Withdrawal (prepaid housing sale) |
14 days | Conclusion/signing of the agreement | The consumer may withdraw without cause and without penalty. Notice given within the applicable period is sufficient. | Law No. 6502 Art. 43 |
| Rescission (prepaid housing sale) |
Up to 24 months | Conclusion/signing of the agreement | The consumer may terminate the agreement without cause within 24 months. The seller may recover statutory costs and capped compensation (2%/4%/6%/8%, depending on timing). Refunds are generally due within 180 days (from receipt of notice); the consumer returns benefits within 10 days after refund. | Law No. 6502 Art. 45 |
| Delivery / transfer period | Up to 48 months (absolute cap) | Conclusion/signing of the agreement | The seller must complete transfer/delivery (title and possession) within the contractual timeframe, no later than 48 months from the contract date. | Law No. 6502 Art. 44; Reg. Art. 10 |
| Defect liability (general) |
2 years | Delivery date | The limitation period for defect claims is generally 2 years from delivery, unless a longer period applies under the contract or applicable law. | Law No. 6502 Art. 12(1) |
| Defective housing / holiday immovables | 5 years | Delivery date | For housing and holiday-purpose immovables, the limitation period is 5 years. | Law No. 6502 Art. 12(1) |
| Second-hand housing – minimum period | Min. 3 years | Delivery date | For second-hand sales, the seller's defect liability for such immovables cannot be reduced below 3 years. | Law No. 6502 Art. 12(2) |
| Defects concealed by gross fault or fraud | No limitation | — | Limitation periods do not apply where the defect was concealed through gross fault or fraud. | Law No. 6502 Art. 12(3) |
| Completion of repair/replacement request (housing) | 60 business days | Date the request is communicated to seller/manufacturer/importer | Repair or replacement must be completed within 60 business days; otherwise, other remedies remain available. | Law No. 6502 Art. 11(4) |
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
