What can you do if a car you bought in Turkey turns out to have a hidden accident record, replaced parts or an engine fault? The modern warranty against defects has its roots in the Majalla’s rules on the “option for defect” (khiyar al-ayb). This article sets out the Majalla’s solution, current Turkish law, the English “satisfactory quality” standard and examples from international arbitration.
The Majalla: the option for defect
- Article 336: an unconditional sale, made without stipulating freedom from defects and without describing the goods as sound or defective, requires the goods to be sound and free from defects.
- Article 337: if a defect existing before the sale appears, the buyer has an option: return the goods, or accept them at the agreed price. The buyer may not keep the goods and claim a price reduction. This is the option for defect.
- Article 346: the reduction in value caused by the defect is determined by the statement of impartial experts.
The Majalla’s answer is simple: return or accept. The key modern change is that the buyer may also keep the goods and claim a price reduction. Expert assessment of how a defect affects value, however, remains at the centre of defective car disputes today. For the historical development of the doctrine, see Presence, Absence, and Warranty and Hidden Defects and the Status Quo.
Current Turkish law: who you bought from matters
- From a dealer (consumer transaction): where the seller acts commercially and the buyer is a consumer, Consumer Protection Law No. 6502 applies. The consumer may choose to withdraw from the contract, claim a price reduction, free repair, or replacement with a defect-free equivalent (Art. 11). Liability for defects generally runs for two years from delivery (Art. 12). In 2026, consumer arbitration committees handle disputes below TRY 186,000.
- Private sale: the sales provisions of the Turkish Code of Obligations (TCO) apply. The buyer must inspect the car as soon as is practicable in the ordinary course and notify the seller of defects in time (Art. 223). The buyer may withdraw, claim a reduction, free repair or replacement (Art. 227). The limitation period is two years from delivery, but a seller who concealed the defect through gross fault cannot rely on it (Art. 231).
- Between merchants: commercial sales are also subject to the short inspection and notice periods of the Turkish Commercial Code No. 6102, which we will cover in the next article in this series.
Typical car disputes involve concealed accident or insurance damage records, replaced or repainted parts, odometer tampering and engine or gearbox faults. Whether the seller knew of the defect, what was disclosed at the sale and the pre-purchase inspection report directly affect the outcome. A “sold as seen” clause generally offers no protection for defects the seller knew of and concealed.
The English law perspective: satisfactory quality
English law implies a term of “satisfactory quality” into sales by a business seller: under the Sale of Goods Act 1979 s.14 for business-to-business sales and the Consumer Rights Act 2015 s.9 for consumer sales. In private sales, caveat emptor generally applies, although express misrepresentations by the seller can still give rise to liability.
- Rogers v Parish (Scarborough) Ltd [1987] QB 933: a new Range Rover had recurring defects in the engine, gearbox and bodywork. The Court of Appeal held that being driveable was not enough; the expectations of a buyer paying that price were relevant, and the vehicle was not of the required quality.
- Bartlett v Sidney Marcus Ltd [1965] 1 WLR 1013: a clutch defect in a used car had been disclosed before the sale and the price reduced. The Court of Appeal did not hold the seller liable. The case is known for showing that the quality standard applies to second-hand goods, but that expectations vary with age, price and disclosures.
- Clegg v Andersson [2003] EWCA Civ 320: the buyer of a yacht whose keel was heavier than specified rejected it after waiting for information from the seller. The Court of Appeal held that three weeks after receiving the information was a reasonable time and that the buyer had not lost the right to reject.
For consumers, the Consumer Rights Act 2015 provides a 30-day “short-term right to reject” (s.22), close to the Majalla’s right of return. After that come repair or replacement and, if those fail, a price reduction or a final right to reject. English consumer law thus takes a staged path between the Majalla’s “return or accept” and the menu of remedies in Turkish law.
Examples from international arbitration
In international sales, the UN Convention on Contracts for the International Sale of Goods (CISG) requires the buyer to examine the goods promptly (Art. 38) and give notice of non-conformity within a reasonable time (Art. 39). A seller who knew or could not have been unaware of the non-conformity cannot rely on the buyer’s failure to do so (Art. 40).
- ICC Case No. 5713 (1989): the tribunal found that the buyer had examined the goods before shipment and that notice given eight days after the expert report was within a reasonable time. It added that the seller could not have been unaware of the defect and therefore could not rely on the notice requirements under Art. 40.
- Stockholm Chamber of Commerce, award of 5 June 1998 (Beijing Light Automobile Co. v. Connell): the tribunal described Art. 40 as a “safety valve” protecting the buyer against a seller who knew of a defect and did not disclose it. Where it appears more likely than not that the seller was aware, the burden shifts to the seller to prove otherwise, and the seller could not rely on contractual time limits.
These awards show a shared idea across legal systems: a seller who knowingly conceals a defect cannot hide behind short notice periods. The Turkish rule on defects concealed through gross fault rests on the same thinking.
Frequently asked questions
I had the car inspected, but a defect appeared later. Do I still have rights? An inspection report does not automatically remove the seller’s liability. Rights may remain for defects not shown in, or not detectable by, the inspection; the inspection company’s own liability is a separate question.
How quickly must I give notice? As soon as you notice the defect, in a provable form (for example, a notarised notice). Delay can lead to loss of rights, especially in private and commercial sales.
General information only; not legal advice. The scope of rights and time limits depends on the type of sale and the facts. Sources: Majalla Arts. 336, 337, 346; Law No. 6502 Arts. 11, 12; TCO Arts. 223, 227, 231; Sale of Goods Act 1979 s.14; Consumer Rights Act 2015 ss.9, 22; Rogers v Parish (Scarborough) Ltd [1987] QB 933; Bartlett v Sidney Marcus Ltd [1965] 1 WLR 1013; Clegg v Andersson [2003] EWCA Civ 320; CISG Arts. 38–40; ICC Case No. 5713 (1989) and SCC award of 5 June 1998, as summarised in Unilex and the Pace CISG database.