They sold them saying, “No need for an inspection”! Operation against suspects who presented wrecked cars as sound: Key warnings from Lawyer Gizem Gonce

Av. Gizem Gonce

Used cars with rolled-back mileage, concealed serious damage and offered for sale with fake inspection reports are back in the spotlight. Lawyer Gizem Gonce explained the legal rights of vehicle buyers and the steps to take when faced with suspected fraud.

Allegations of mileage rollback and fake inspection reports targeting vehicle buyers in the used-car market have once again brought to the fore the risks members of the public may face when buying a car.

In simultaneous operations carried out in Istanbul and Muğla, action was taken against 18 suspects following allegations that the mileage information of used cars had been altered and heavily damaged vehicles had been sold as undamaged using fake inspection reports. What can a person do if they learn after buying a vehicle that its mileage was rolled back or that it had previously suffered serious damage? What rights does the buyer have when the seller says, “There is no need for an inspection,” or presents a report that does not reflect the truth?

Lawyer Gizem Gonce assessed the legal consequences of concealed damage in used-car sales, the seller’s liability and the legal avenues available to victims.

“Rolling back the mileage affects more than the vehicle’s value; it may also give rise to criminal liability”

Question: What does it mean legally to sell a vehicle after rolling back its mileage?

Lawyer Gizem Gonce: Concealing a vehicle’s actual mileage is an important matter that directly affects the buyer’s decision to purchase it. Mileage information gives an indication of the vehicle’s usage history, mechanical wear and economic value.

If the seller changes or conceals the actual mileage despite knowing it, or gives the buyer false information, this may give rise to civil and criminal liability depending on the circumstances of the case.

Two separate assessments must be made here. First, if the vehicle does not have the characteristics specified in the contract or communicated to the buyer, legal remedies available to the buyer because of defective goods or defective performance may be relevant. Second, if fraudulent conduct was used to mislead the buyer for the purpose of obtaining an unjust benefit, the matter may be assessed in relation to the offence of fraud.

However, it would not be correct to say that every mileage dispute automatically constitutes the offence of fraud. The seller’s knowledge, conduct, intention to mislead, whether the buyer suffered loss as a result, and the other evidence must be examined together.

“Presenting a wrecked vehicle as sound may vitiate the buyer’s consent”

Question: What rights may a buyer have if a vehicle that has suffered serious damage or was previously written off is sold as undamaged?

Lawyer Gizem Gonce: The fact that a vehicle previously suffered serious damage does not make its sale unlawful in every case. The main issue is whether this was accurately disclosed to the buyer and what characteristics the vehicle was presented as having at the time of sale.

If the seller misled the buyer by concealing the vehicle’s history of serious damage or falsely stating that it was undamaged, claims based on liability for defects and compensation may be relevant depending on the circumstances of the case. If fraudulent conduct affected the buyer’s decision, cancellation of the contract or other legal remedies may also be considered.

In particular, the difference between the vehicle’s actual condition and the features described at the time of sale, whether the buyer would have bought it at the same price if they had known this information, and whether the seller knew of the condition are important.

Consumers should know that transferring a vehicle through a notary does not, by itself, eliminate the seller’s potential liability for defective goods or a fraudulent sale.

What happens if the buyer is misled by being told, “There is an inspection report”?

Question: Can a seller avoid liability by persuading the buyer with words such as, “We took the vehicle for an inspection two days ago; you don’t need to have another inspection done”?

Lawyer Gizem Gonce: No. The seller making such a statement does not, by itself, eliminate the legal consequences of false information.

It should be investigated whether the report presented to the buyer was actually issued, which vehicle it relates to, whether its contents were altered, and why the damage to the vehicle was not included in the report.

If the report is found to be fake, an examination may be necessary not only in relation to the sale contract but also under criminal law, depending on the nature of the document and how it was used. Assessment of the offences of fraud and forgery of documents depends on whether the statutory elements of the relevant offences were met in the specific case.

Evidence that a fake report was presented to gain the buyer’s trust or that false information was knowingly given may affect the course of the legal process.

For this reason, instead of relying on a report selected by the seller or said to have been obtained earlier, buyers should request a new inspection of the vehicle by an independent and reliable vehicle inspection company.

What should you do if the true mileage or damage comes to light after buying the vehicle?

Question: What should a person do first if, after buying a vehicle, they learn that its mileage was rolled back or serious damage was concealed?

Lawyer Gizem Gonce: First, existing evidence relating to the vehicle should be preserved. The buyer should keep the sales listing, correspondence with the seller, the inspection report presented to them, the sale contract, payment documents and, if available, records showing the mileage or damage history.

It is then important to obtain an independent technical inspection establishing the vehicle’s current condition and, where possible, to obtain past mileage records, service documents and damage information.

Notifying the seller of the situation in writing and clearly setting out the legal claims is also an important part of the process. However, merely sending the seller a message or making a complaint may not, in every case, be sufficient to preserve all legal time limits.

Depending on the circumstances of the case, it may be possible to rely on consumer law, the provisions on liability for defects in the Turkish Code of Obligations, or, if fraud is suspected, a criminal investigation. The route to be taken should therefore be determined according to the parties to the sale and the nature of the incident.

“Is it possible to return the vehicle or get the money back?”

Question: If it is proven that the vehicle’s mileage was rolled back or serious damage was concealed, can the buyer get their money back?

Lawyer Gizem Gonce: This may be possible depending on the circumstances of the case, but the same legal outcome does not arise in every file.

If the sale qualifies as a consumer transaction, statutory rights of choice concerning defective goods under Law No. 6502 on the Protection of Consumers may be relevant. If the conditions are met, the buyer may exercise rights such as rescinding the contract and obtaining a refund, a price reduction, free repair or, to the extent possible, replacement with an identical item free of defects.

However, every claim is assessed in light of the nature of the goods, the seriousness of the defect, the applicable legislation and the circumstances of the case. In particular, for used vehicles, the nature of the defect and what was disclosed to the buyer at the time of sale are important.

If the sale took place between two private individuals, consumer legislation may not always apply. In that case, the provisions of the Turkish Code of Obligations and the general rules relating to contracts should be examined.

Therefore, when deciding whether the buyer can get their money back, it is necessary to consider not only that the vehicle turned out to be damaged, but also the legal nature of the sale relationship and the available evidence.

“Can the seller deny liability by saying, ‘You bought the vehicle after seeing it’?”

Question: Can the seller reject liability by saying, “You saw the vehicle, liked it and completed the transfer at the notary”?

Lawyer Gizem Gonce: The fact that the vehicle was seen before purchase and the transfer was completed before a notary does not automatically release the seller from liability for every defect that was concealed or could not reasonably have been discovered by the buyer through an ordinary inspection.

Altered mileage information or a history of serious damage concealed through false statements may not be apparent just by looking at a vehicle’s exterior. In such disputes, statements made before the sale, the listing, inspection reports and technical records are important.

However, a distinction must be made between defects known to the buyer or expressly disclosed to them and defects that were concealed. The seller’s liability and the rights the buyer may exercise are determined by examining all the circumstances of the case.

It would be wrong for a buyer who was clearly misled about the mileage or damage history to think they have no rights simply because the transfer was completed before a notary.

“Complaining only to the public prosecutor may not be enough to recover the loss”

Question: If a vehicle buyer who believes they have been defrauded only files a criminal complaint, can they get their money back?

Lawyer Gizem Gonce: A criminal investigation and the private-law claims of a person seeking compensation for their loss are different matters.

A criminal complaint enables suspected conduct to be examined under criminal law. However, depending on the circumstances of the case, separate legal applications may be necessary for claims such as repayment of the vehicle price, rescission of the contract or compensation.

It is therefore important for the victim both to preserve the evidence and to assess which legal remedies are available. They should act without delay so as not to miss any time limits.

7 key warnings for people buying a used car

Lawyer Gizem Gonce highlights the following points for members of the public who want to reduce the risk of harm when buying a vehicle:

Arrange an independent inspection: Do not rely only on the report provided by the seller; have the vehicle inspected by a reliable organisation of your own choosing.

Check the mileage history: Do not treat the current odometer reading as sufficient on its own; compare service and inspection records.

Investigate the damage history: Review insurance and damage records, but do not assume that a single record shows the vehicle’s entire history.

Keep the listing and correspondence: The seller’s statements such as “no damage” or “original mileage” may later be important evidence.

Verify the report’s authenticity: Check which vehicle the document concerns, who issued it and on what date.

Do not decide under pressure: When faced with statements such as “There is no need for an inspection” or “Send the deposit right away,” do not pay before completing the necessary checks.

Do not delay if a problem comes to light: Arrange a technical inspection, preserve the documents and assess the available legal remedies. Trust in a used vehicle is established through documentation and an independent inspection.