Liability from defect in the sale of immovabie property in the framework of consumer law

The seller's liability arising from defects in immovable property sales contracts has been evaluated within the framework of the Consumer Law in our study. General regulations regarding sales contracts are included in the Code of Obligations. The Law on the Protection of the Consumer includes regulations specific to contracts in which one party is the consumer. For this reason, the Code of Obligations and the Law on the Protection of the Consumer should be evaluated together. The purpose of the Law on the Protection of Consumers is to protect the economic interests of consumers, to compensate for their losses and to ensure that consumers are awareness and cognizance. Considering that consumers are in a weak position against sellers and service providers, the legislator has prepared a special law for the protection of consumers. Immovable property sales contracts have great importance both economically and socially, due to their subject matter. Most of the time, when these contracts are concluded, consumers are forced to accept unfair and disproportionate contract terms in favor of the sellers. For this reason, consumers both suffer economically and cannot reach the goal they aim for when concluding a contract socially. The Law on the Protection of Consumers also includes special regulations to compensate for the losses of consumers who suffer such losses. We cannot separate the Law of Obligations and the Law on the Protection of the Consumer in the immovable property sales contracts to which the consumer is a party. As the general principles regarding the immovable property sales contract are regulated in the Code of Obligations, the special provisions regarding the consumers are included in the Law on the Protection of the Consumers. When examining the subject, an evaluation was made by comparing the regulations in the Code of Obligations and the Law on the Protection of the Consumer, and it was stated in which cases the Law on the Protection of the Consumer should be applied.