NEW RULES INTRODUCED TO THE REGULATION ON THE TRADE OF MOTOR VEHICLES!
The Ministry of Trade is steadfastly continuing its efforts to maintain a fair, competitive, and stable market structure in the automotive sector. In this context, the Regulation on the Trade of Motor Vehicles (“Regulation”), which was prepared to meet public expectations, prevent consumer grievances, and regulate those engaged in the trade of motor vehicles, was published in the Official Gazette dated August 27, 2024, numbered 32645, and has entered into force.
The scope of the Regulation, which regulates the trade of second-hand motor vehicles, has been expanded. In this context, significant changes have been made regarding the trade of second-hand motor vehicles, while the obligations of distributors and authorized dealers in the trade of new vehicles have been regulated. Furthermore, principles and rules for vehicle auctions conducted electronically and for vehicle pre-evaluations have also been established.
I. Secure Payment System Made Mandatory for Vehicle Transactions
To eliminate the risk of counterfeit money, difficulties with cash payments, and the risk of non-payment, the use of the Secure Payment System has been made mandatory for all second-hand motor vehicle sales. With the Regulation, it is aimed to prevent fraudulent activities that citizens may encounter in vehicle transactions.
II. Regulations on Vehicles Ordered with Deposits
To prevent buyer grievances in orders with partial payments, a requirement for an order form has been introduced. The authorized dealer cannot request any payment from the buyer without issuing this form, must deliver the vehicle ordered with a deposit within 45 days, and cannot request a deposit exceeding 10% of the sale price until 7 days before the vehicle delivery.
Additionally, the buyer can cancel the order without facing any penalties within 14 days from the date the order form is issued.
III. New Vehicle Trade Included in the Scope of the Regulation
To ensure a fair competitive environment in the motor vehicle supply chain and prevent unfair commercial practices, rules and obligations have been introduced for distributors and authorized dealers.
The activities of distributors that will be considered as unfair commercial practices have been defined, and the rules they must adhere to in their relations with authorized dealers have been established. In this context, distributors cannot increase the vehicle price after the invoice date and must deliver the vehicle to the authorized dealer within 15 days. Otherwise, the distributor’s activity will be considered an unfair commercial practice.
Authorized dealers, on the other hand, cannot increase the price of a vehicle for which the buyer has paid the excise tax (ÖTV) and value-added tax (KDV) and are obligated to deliver the vehicle to the buyer within 15 days.
Moreover, authorized dealers will not be allowed to engage in activities other than selling insurance, financing, accessories, spare parts, servicing, and after-sales services at their premises.
IV. Workplace Opening and Operating License Removed from Requirements for Authorization Certificate
To address the difficulties encountered in obtaining an authorization certificate for second-hand motor vehicle trade and to prevent businesses from operating without an authorization certificate, the requirement to have a workplace opening and operating license has been removed from the requirements for obtaining an authorization certificate. Thus, the grievances of businesses that were unable to obtain an authorization certificate solely due to the license requirement, despite meeting all other conditions, have been eliminated. However, businesses engaged in the trade of second-hand motor vehicles are still required to obtain a workplace opening and operating license under licensing regulations.
V. Flexibility Granted for High School Graduation Requirement until March 1, 2025
While the high school graduation requirement, which is among the conditions for obtaining an authorization certificate, has been maintained, a regulation has been made to waive this requirement for businesses registered with tax or professional chambers as of the date the Regulation entered into force, for authorization certificate applications submitted until March 1, 2025.
VI. Rules Established for Transparent and Secure Vehicle Auctions
To ensure that auctions conducted electronically are carried out in a secure and transparent manner, obligations for auction platforms have been established. In this context, minimum rules have been established such as announcing auction conditions and detailed information about the vehicles offered for sale on the auction platform, determining the auction price in accordance with fair competition rules, and prohibiting the auction platform operator and seller from participating directly or indirectly in the auction.
VII. Rules Established for Online Vehicle Pre-Evaluation
To prevent misleading price offers to citizens wishing to sell their vehicles and to prevent anti-competitive practices among businesses conducting pre-evaluations, a regulation has been introduced requiring that the difference between the initial price offer made to the vehicle owner in an online pre-evaluation and the final offer should not exceed 5%, that the offer must be valid for at least 24 hours, and that a final offer must be made on the same day for vehicles that have undergone a physical inspection.