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

tokbaş & partners

consumer law in real estate agency sector 

for companies :

for persons :

Real Estate Agency (Brokerage) is a new sector in the consumer law field. This sector was previously regarded based on general law at general courts as it was not considered within the scope of consumer law and then the conflicts experienced in this sector were included in the scope of consumer law following an explicit reference thereto in law no. 6502. Contracts and transactions made between every consumer and the real estate agent when purchasing or renting a real estate must be considered important almost all the time. Otherwise, the budget of consumer may be seriously affected due to compensations imposed in case of undermining the above. On the other hand, it will determine whether the real estate agents establish their contracts in line with consumer law or inform consumers sufficiently, or whether they can demand any fee in return for the service given. Because offering services through invalid contracts and documents drawn up in a wrong manner and in breach of the required form may cause efforts to fail and  prevent winning the commission. Real estate agents who think old documents and contracts are still valid and feel secure will understand they are wrong after a few cases. Therefore, real estate agents must work in a corporate manner and hire a consumer law advisor.

 

tokbaş & partners provides consumer law service to real estate agents as well as to companies and persons engaged in the real estate agency sector thanks to its command of consumer law in the real estate agency 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 real estate agency sector"

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

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

4.       Draft real estate agency documentation used in consumer transactions as per the legislation and practices

5.       Provide opinions and create legal reports on new real estate agency 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 real estate agency sector

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

 

 

 

Process Consultancy Services:

 

1.       Monitor real estate agency agreements and express opinions on contractual discrepancies

2.       Monitor real estate agency 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.       Lawsuits arising from real estate agency contracts

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

3.       Follow-up of debts and receivables to and from real estate agents

4.       Claims for damages arising from acts in breach of competition law in the real estate agency sector

5.       Claims for damages arising from manipulative ads and unfair commercial practices in the real estate agency sector