As it is known, prepaid housing sales are the type of sales that consumers pay before receiving the house and then receive it. While the delivery date to the consumer in the prepaid housing sales could not exceed 36 months according to the previous regulation on the protection of the consumer, the legislator increased this delivery period to 48 months in accordance with the article 44 of the law numbered 7392. When we look at the justification of the article; It says there is no arrangement for delay in delivery time. However, the consumer can resort to 3 different ways. 1) If the contractor does not deliver the house on time for 48 months, it will automatically default ex officio. If the seller does not deliver the house on time, since the debt is not fulfilled properly, we can apply to the seller based on the default provisions in accordance with TBK 123 and the following, with reference to Article 83 of the TKHK. 2) If the consumer housing is not delivered to him within the time agreed in the contract, in Article 8 of the TKHK and its continuation, without any reference to the default provisions of the debts law; Failure to deliver the goods subject to the contract within the time agreed in the contract or not to assemble it properly in cases where the assembly is carried out by or under the responsibility of the seller is considered as a performance contrary to the contract. He stated that in cases where the assembly of the goods is foreseen to be made by the consumer, if the assembly is made incorrectly due to a mistake or defect in the assembly instruction, performance contrary to the contract will be in question.
The consumer has the right to file a lawsuit against the seller based on Article 8 of the TKHK. It was stated that there was no regulation specified in the justification of the article, but there is a third way.
3) In cases where the contract is not performed as required in Article 9 of the regulation on prepaid housing sales, the consumer has the right to withdraw from the contract without compensation. In fact, there is a right to return without justification in the regulation. The consumer has the right to return without justification within 24 months.
When we return to the justification of the article, it is said that the maximum period for the delivery of the house sold to the consumer with a prepayment has been increased to 48 months, since the completion of the construction in large-scale housing projects can take a very long time. The main purpose of this change is large-scale housing projects. The legislator did not bring anything balancing for the consumer while extending it to 48 months. He says that especially large-scale housing projects take long periods of time, but while contractors benefit from these periods, a balance has not been observed in terms of consumers. A regulation has been brought against the consumer. The solution might be: At least, it should have been increased to 48 months for housing projects over a certain amount, and 36 months should be protected for housing projects at certain borders. This would at least be a regulation that protects the consumer. The regulation introduced with prepaid contracts in the Law No. 7392 is completely against the consumer. The consumer has 3 rights, but the change does not bring an extra assurance, an extra guarantee. On the contrary, it restricts the rights of the consumer. According to this regulation, consumer housing will wait for one more year.