Get Your Money Returned Immediately in Timeshares!
Official titleDecisions of the 3rd Civil Chamber of the Court of Cassation (Yargıtay)
The Court of Cassation ruled that the down payment paid by the consumer who exercises their right of withdrawal from a timeshare membership contract must be returned immediately without waiting for the 90-day statutory period, and that the enforcement proceedings initiated in this context are justified.
Details of the Regulation
The 3rd Civil Chamber of the Court of Cassation examined the lawsuit of a consumer who exercised their right of withdrawal on the day they signed the timeshare contract and initiated enforcement proceedings for the return of the 15,000 TL they had paid. The local court had dismissed the lawsuit on the reasoning that the seller had a 90-day period under the regulation to return the money and that enforcement proceedings could not be initiated before this period expired. The Court of Cassation, on the other hand, stated that pursuant to the Law No. 6502 on the Protection of Consumers, it is strictly prohibited to receive any payment from the consumer within the withdrawal period. Emphasizing that these amounts collected despite being prohibited must be returned immediately by the seller the moment the consumer exercises their right of withdrawal, the local court's dismissal decision was reversed in the interest of the law.
Questions You Might Have
- Do I really have to wait 90 days for the return of my money when I withdraw from a timeshare?
- No, according to the Court of Cassation decision, down payments collected from you illegally within the withdrawal period must be returned immediately upon the notification of withdrawal.
- How does this decision of the Court of Cassation affect persons who have previously lost their lawsuits for the same reason?
- Decisions of reversal in the interest of the law do not directly alter the outcome of an individual lawsuit that has been finalized in the past; however, they constitute a binding precedent that courts must comply with in all similar lawsuits to be filed hereafter.
Key Terms
- Cayma Hakkı
- The statutory right that allows the consumer to unilaterally withdraw from the contract without presenting any reasoning and without paying any penalty clause.
- Kanun Yararına Temyiz
- The process of review and reversal by the Court of Cassation of finalized court decisions deemed contrary to the statute, in order to set a precedent for future decisions.
- Muaccel
- The status of a debt that has become due for payment and has become claimable and actionable by the creditor.
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REGAS Commentary
This decision completely invalidates the practice of companies selling timeshares or fractional ownership properties keeping consumers waiting who exercise their right of withdrawal by saying "pursuant to the legislation, we can only return your money after 90 days." Consumers may immediately initiate enforcement proceedings for the return of unlawfully collected down payments.