Rescinding the contract is one of the optional rights that the buyer can exercise in case of a defect or defect in the sales contract. It is regulated in TBK article 227.
Buyer's Optional Rights
- Rescinding the contract: Termination of the contract with retroactive effect
- Price discount:Discount from the semen in proportion to the defect
- Free repair: If it does not require excessive expense
- Exchange with like quantity: If there are goods of equal value
Consequences of Breaking the Contract
- The goods are returned to the seller
- The price is refunded to the buyer + interest
- Also compensation (if there is damage)
- Retroactive effect (the contract is deemed never to have been made)
Duration (TBK article 231)
- General: 2 years (from delivery date)
- Immovable properties: 5 years
- Defect concealed by fraud: indefinite (10-year general statute of limitations)
Special Situation in Consumer Sales (TKHK)
In consumer sales, Article 11 of TKHK No. 6502 applies:
- Duration: 2 years (residential and holiday real estate: 5 years)
- Consumer arbitration committee or consumer court application
- The burden of proof is on the seller (if a defect is detected in the first 6 months)
Supreme Court 13th HD Approach
The 13th Supreme Court of Appeals emphasizes that the consumer who requests to withdraw from the contract in automobile sales must prove with an expert report that the fault of the vehicle is a manufacturing fault, and that it should not be confused with a usage fault.
Court in Charge
- Consumer action: Consumer Arbitration Committee / Consumer Court
- Commercial sale: Commercial Court of First Instance
Consumer/obligations law attorney support is recommended.