Crime of Tampering with a Vehicle's Mileage
If a buyer discovers that the mileage of a used vehicle has been tampered with, they have the right to pursue legal and criminal remedies. Sellers responsible for selling vehicles with altered mileage have been classified as qualified fraudsters by the Supreme Court. They are subject to criminal penalties for fraudulently profiting from the sale of such vehicles.
The Criminal Aspects of the Crime of Tampering with a Vehicle's Mileage
In the sale of used vehicles, odometer tampering is defined as a "hidden defect." According to Article 227 of the Turkish Code of Obligations, the buyer, who is responsible for defective goods, is obliged to provide the buyer with the following optional rights:
- The buyer has the right to withdraw from the contract by returning the purchased item.
- By keeping the purchased item, a discount proportional to the defect can be requested.
- If it doesn't require excessive expense, a free repair can be requested, with all costs borne by the buyer.
- The buyer may request an exchange for a similar, defect-free item.
All of the situations listed above are optional rights. In other words, an aggrieved individual who discovers after purchasing a vehicle that its mileage has been tampered with has the right to choose any of these options.
Statute of Limitations for Cases
A buyer who discovers that the mileage of a used vehicle has been tampered with must file a lawsuit within two years of learning of the discrepancy. However, this period only applies if the final seller was unaware of the situation. In other words, if the defect in the vehicle was fraudulently concealed from the buyer, the statute of limitations does not apply.
For more information and support on this matter, you can consult with our firm's experienced lawyers.
