Turkey's Supreme Court orders compensation for painted new‑car defect

A consumer in Adana bought a vehicle advertised as brand‑new, but an expert inspection revealed that the left door, central pillar and lower left rocker panel had been repainted. The buyer asked the dealer to replace the car with an undamaged unit, but the dealer refused. The Adana 3rd Consumer Court ruled in the buyer's favour, ordering a replacement with an equivalent, defect‑free vehicle.

On appeal, the Turkish Supreme Court (Yargıtay) overturned the replacement order, finding the lower‑court decision disproportionate. It held that the painted areas constitute a "hidden defect" originating from the manufacturing process, do not affect safety or comfort, and therefore merit monetary compensation for the loss in the car's second‑hand value rather than a new car.

The judgment establishes a precedent that manufacturers are liable for hidden defects in new vehicles that reduce resale value, even when the defect does not impair use.