law consultancy office
t&p hukuk danışmanlık bürosu | tüketici hukuku danışmanlığı

tokbaş & partners

consumer law in construction sector

for companies :

for persons :

Construction Sector is a key sector including agreements with the largest budget in consumer law and therefore it is not likely to bear even the slightest issue about the consumers and company budgets. Consumer law practices in the construction sector are mostly related to the type of sales called model housing sales in the market. The new law covering the contracts for work and labour has resulted in the consumer law scope to include housing ordered to be built. We have been saddened many times to see that contracts made by companies without covering all elements of consumer law have caused companies to go bankrupt which in return resulted in harm to consumer. For this reasons, drawing up construction agreements by being careful about every word and by fulfilling all elements of consumer law completely result in a win-win situation for the company and consumer.

 

tokbaş & partners provides consumer law service to construction companies and other companies and persons engaged in the construction sector thanks to its command of consumer law in the construction sector.    These services are detailed individually for companies and persons. We also defined individual subcategories for our services for companies, namely “protective/preventive advocacy, process consultancy and official attorneyship”    Services offered by tokbaş & partners in this area can be detailed as follows:

 

Protective / Preventive Advocacy Services:

 

1.       Conduct trainings for company managers and relevant personnel on "consumer law and practices in construction sector"

2.       Organize consumer law training for company branches and provide personnel training across Turkey

3.       Draft construction agreements subject to the field of Consumer Law as per the legislation and practices

4.       Draft construction documentation used in consumer transactions as per the legislation and practices

5.       Provide opinions and create legal reports on new construction sector practices

6.       Ensure legal control of trade advertisements and announcements prior to publication as per consumer and advertisement legislation as well as administrative practices

7.       Ensure legal control of commercial practices under the scope of  the provisions relating to "unfair commercial practices"

8.      Due diligence

9.       Legislation review and weekly legislation report on the construction sector

10.     Review the decisions of administrative and regulatory committee; weekly report on the decisions of administrative and regulatory committee related to construction sector

 

 

 

Process Consultancy Services:

 

1.       Monitor construction agreements and express opinions on contractual discrepancies

2.       Monitor construction sector practices and other documents and express opinion on the discrepancies resulting therefrom

3.       Express opinion on discrepancies relating to trade advertisements and announcements

4.       Express opinion on the resolution of issues encountered in consumer law legislation

5.       Give response to requests for verbal and written legal opinion

6.       Take initiatives and express opinion required for resolution of differences in interpretation or problems resulting from consumer law between relevant administrative bodies and the company

7.       Provide mediation-reconciliation services between the company and consumers

8.      Establish and maintain a consumer compliant hotline

9.       Create templates for pleas to be written to Consumer Courts and Consumer Arbitration Boards considering different problems and possibilities

10.    Control and compliance check for the pleas written to the attention of Consumer Courts and Consumer Arbitration Boards

11.     Control and compliance check for the pleas to be written and documents to be submitted about consumer law to administrative bodies

12.    Management of the process of inspector audit by the Ministry of Customs and Trade

 

 

 

 

Official Attorneyship Services:

1.       Ensure representation of the company and follow-up of its files at Consumer Arbitration Boards

2.       Ensure representation of the company and follow-up of its files at Consumer Courts

3.       Ensure representation of the company and follow-up of its files at administrative bodies

4.       Actions for nullity for administrative fines imposed as part of  TKHK

5.       Follow-up of company's debts and receivables

 

 

 

 

 

1.       Follow-up of lawsuits arising from construction agreements

2.       Lawsuits for monetary and spiritual damages arising from defective housing

3.       Follow-up of lawsuits arising from delayed delivery - delayed rental fee in model housing sales

4.       Follow-up lawsuits arising from the demand for the right of withdrawal and avoidance of contract

5.       Follow-up of lawsuits arising from establishing liens

6.       Perform transactions with the capacity of attorney by being available before, during and after the agreement process in real estate purchase and sale

7.       Claims for damages arising from acts in breach of competition law in the construction sector

8.       Claims for damages arising from manipulative ads and unfair commercial practices in the construction sector