The Offense of Mileage Rollback in Turkish Law

What is Mileage Rollback?

Mileage rollback is a common scam in the used car market. In this scam, the mileage indicator, which shows the actual mileage of the car, is manipulated to deceive the buyer. In such cases, the seller of the used car is responsible for the defect.

When a car with rolled-back mileage is sold, the seller has two types of liabilities:

Legal Liability: Liability arising from defects under the provisions of the Turkish Code of Obligations No. 6098 and the Consumer Protection Law No. 6502.

Criminal Liability: Criminal liability for fraud under the provisions of the Turkish Penal Code No. 5237.

It does not matter who performed the mileage rollback or whether the seller was aware of it; if the buyer is unaware, the responsibility lies with the seller. Therefore, it is important to be cautious when buying a used car and verify the mileage information.

Legal Liability of the Seller Who Rolled Back the Car’s Mileage

Liability for Defects:

When a mileage rollback occurs, the seller’s responsibility is liability for defects. These provisions are found in Article 219 and subsequent articles of the Turkish Code of Obligations and Article 8 and subsequent articles of the Consumer Protection Law.

Buyer’s Rights:

If a mileage rollback is detected in a used car purchase, the buyer has the following rights:

Right to Rescind the Contract: The right to request a refund by returning the vehicle.

Right to Request a Price Reduction: The possibility to request a price reduction proportional to the defect.

Right to Free Repair: The right to request free repair if it does not require excessive costs.

Right to Replacement with a Non-Defective Equivalent: A right that can be limited in used car sales, as each vehicle has different features.

The Seller’s Lack of Knowledge of the Mileage Rollback:

Article 219 of the Turkish Code of Obligations states that the seller does not need to be aware of the defect. Therefore, even if the mileage rollback was not performed by the seller, they are still responsible if they were unaware of it.

The buyer contacts the seller when a rolled-back mileage car is purchased. However, the issue of proof may arise if the seller contacts others or accuses the buyer of the rollback.

Purchasing the Car at a Low Price:

In case of a mileage rollback, if the buyer is unaware, the seller cannot use the low sale price as an excuse. The defect must be compensated in any case.

Does Damage Need to Occur?

The buyer can demand that the vehicle has the features it was purchased with, even without suffering any damage. The absence of promised features entitles the buyer to claim compensation.

How Much Compensation is Received?

The amount of compensation is determined based on the market value of the vehicle, the degree of defect, and other factors. An expert will calculate this based on the specific circumstances of the case. Typically, it involves adding the difference between the defect-free value and the defective value of the vehicle. It is advisable to seek legal assistance for a clear determination.

Using the Vehicle During the Case:

There is no objection to using the vehicle during the legal process. The mileage will naturally increase during this time. However, this does not have any positive or negative impact on the outcome of the case.

Can the Vehicle be Sold to Someone Else?

There is no objection to selling the vehicle to someone else during the case. However, it is important to determine which elective right will be exercised. For example, if the contract is to be rescinded, the vehicle should not be sold to someone else. Additionally, the buyer must be informed about the mileage rollback. Otherwise, the responsibility for the mileage rollback will also fall on the seller. It is recommended to seek legal assistance to carry out the sale process.

Detection with Expert Reports:

An expert will calculate the approximate mileage at the time of sale.

If the mileage had been rolled back, the expert will determine the value of the vehicle at the time of sale with the reduced mileage.

The expert will express an opinion by determining the difference based on these calculations.

Methods for Examination for Those Suspecting Mileage Rollback:

The mileage records from the vehicle’s inspection history are compared with the current mileage through Tramer record inquiries.

Service records from before the vehicle was purchased are requested from the seller or directly from the service.

Insurance information is accessed using the chassis number, and records from different dates are examined.

The number of times the vehicle has changed hands and the expert examinations performed during these processes are reviewed.

Technical examinations are carried out on important parts of the vehicle to detect mileage rollback.

Detailed investigations are conducted to determine when the mileage was rolled back.

Responsibility of the Gallery and the Expert in Mileage Rollback

Galleries and experts are held liable under the provisions of the Turkish Code of Obligations and the Consumer Protection Law, in addition to the ‘Regulation on the Trade of Second-Hand Motor Vehicles’.

Experts are held liable if the services they provide are defective. For more information on this, you can refer to the article titled ‘Legal Liability of Car Experts’.

Depending on the specifics of the case, galleries and experts may be solely responsible or jointly liable with the vehicle’s original owner. However, the buyer’s damages are compensated by these parties within the rules of unjust enrichment.

How to File a Lawsuit for Mileage Rollback?

Notification and Claim Process:

The buyer notifies the seller of the mileage rollback and makes a claim. If the claim is rejected, the right to file a lawsuit arises.

Establishing the Legal Basis:

Possible scenarios are evaluated, and a solid lawsuit petition is prepared. It is recommended to seek assistance from experienced lawyers during the preparation process.

Time Limit for Filing a Lawsuit for Mileage Rollback

The period for contacting the seller in a second-hand car sale is generally 2 years. However, this period is not valid in cases of gross negligence by the seller. If the seller is grossly negligent in a mileage rollback case, the 2-year period does not apply. However, the general statute of limitations of 10 years is generally considered. It is important to notify the seller as soon as the mileage rollback is discovered.

For more assistance or consultation on this matter, you can contact us.