TO THE JUDGE OF THE … COURT
PLAINTIFF (TR ID No.):
ADDRESS:
REPRESENTATIVE:
ADDRESS:
DEFENDANT:
ADDRESS:
SUBJECT: This is our petition requesting compensation for material damages incurred due to the defective nature of the goods.
OUR EXPLANATIONS
1-) Our client purchased the immovable property, parcel number …, located within the boundaries of … and in the vicinity of …, from the defendant Municipality on …/…/… by paying ….. TL, in accordance with the council decision dated …/…/….
2) Our client, who applied to the defendant Municipality on …/…/… to build on the land he purchased, received a response stating that a construction permit would not be granted because the property is located within a landslide zone (Disaster-Prone Area).
3) As a result, our client cannot use the property; he cannot realize his dream of living in a house he had dreamed of for many years, for which he saved money to buy the land and intended to build with his retirement bonus after retirement.
3) According to Article 219 of the Turkish Code of Obligations No. 6098, “The seller is liable to the buyer for the absence of the qualities declared in the sold item, as well as for material, legal or economic defects that contradict the quality or quantity affecting the quality, and that eliminate or significantly reduce its value and the benefits the buyer expects from it in terms of its intended use.” The intended benefit refers to the ability of the sold item to be used for the purpose to which it relates. Because the intention of someone purchasing real estate classified as land is to build a building on it. According to current legal regulations, the prohibition of building on such land should be considered a legal defect. Furthermore, given that it is necessary to foresee that the buyer will necessarily build a building or otherwise dispose of the land, no further commitment is required, and it should not be overlooked that the defendant has clearly made a legally defective sale. The expert and on-site inspections to be conducted by your court will also serve to clarify this matter.
4-) This lawsuit has been filed to seek compensation from the defendant for the damages suffered by our client.
LEGAL GROUNDS: Articles 219, 222, 227, 228, 231 of Law No. 6098, Article 6100 of the Turkish Penal Code. 6, 266, 288.
LEGAL EVIDENCE: 1) Council decision dated …/…/…
2) Sales contract and payment documents dated …/…/…
3) Letter of application to the defendant dated …/…/…
4) Reply letter dated …/…/…
5) Expert report,
6) On-site inspection
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request, on behalf of our client, that the defendant be ordered to pay …-TL, the amount our client has suffered due to the defective sale of the land, plus …-TL in interest calculated from the date of sale, and that the court costs and attorney’s fees be borne by the opposing party. …/…/…
Plaintiff’s Attorney
Attorney
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