In Turkey, the sale of many immovables starts with an advance payment and continues with deadlines until the delivery of the property. These sales are secured by laws and regulations. In this context, advance payment housing sales are regulated under the title of "Advance Payment Housing Sales Contracts" in the Law on Protection of Consumers and the Regulation on Advance Payment Housing Sales based on this law. However, although it is a common sales method today, neither the Law on Protection of Consumers nor the Regulation contains a provision regarding the late delivery of advance payment housing. Therefore, in cases of late delivery of housing in advance payment sales, it is necessary to examine the general provisions under the provision that if there is no provision in the Law on Protection of Consumers, the general provisions will be applied.

In this context, it should first be noted that advance payment housing sales contracts are contracts prepared in advance by sellers and are not open to negotiation. In this regard, in accordance with the provision of Article 5 of the Law on Protection of Consumers and Article 21 of the Turkish Code of Obligations, which stipulates that terms that are not negotiated and are contrary to the principle of good faith will be deemed void against the other party, if there is a provision in such contracts that is against the consumer, it should be accepted that these articles will be deemed void.

In this respect, it is accepted that if there is no provision or if there is no provision to the contrary regarding the delayed delivery of the property in the advance payment housing sales contract, compensation can be claimed due to delayed delivery by making a favorable interpretation in favor of the consumer by the court due to its inclusion of a general transaction term. When exemplary decisions of the Court of Cassation are examined, it is accepted that the consumer can demand the loss of rent until the date when the property is actually delivered, as well as use one of the optional rights determined in Article 125 of the Turkish Code of Obligations.