Al Ain Court Annuls Car Sale Over Hidden Flaws

In a decisive ruling, the Al Ain Court for Civil, Commercial and Administrative Cases has rescinded a car sale contract valued at AED64,000. The judgment was based on findings that the vehicle had undisclosed structural issues, accident-related damage, and technical problems that were not detectable through a standard inspection.

Buyer Receives Full Refund and Compensation

The court mandated that the seller repay the full purchase amount to the buyer, alongside AED3,000 in compensation. Additionally, the seller is responsible for covering court costs and legal fees.

Court documents reveal the buyer initiated legal action against the seller, a man, and his son, following the vehicle purchase. Ownership of the vehicle was transferred without any mention of existing defects.

Discovery of Hidden Damage

Shortly after acquiring the car, the buyer noticed unusual noises, prompting a visit to a specialist workshop. The inspection uncovered that the car had been involved in major accidents necessitating extensive repairs and had transmission issues.

Upon discovery, the buyer contacted the defendants, seeking to annul the transaction and obtain a refund. Although an initial agreement was made, it was later retracted, leading to the lawsuit.

Expert Examination Validates Claims

The court enlisted an automotive engineering expert to scrutinize the vehicle and evaluate the dispute. The expert’s investigation revealed significant pre-existing damages, such as a replaced upper roof and electrical disconnections that masked warning signals.

The report emphasized that these defects were not discernible by an average buyer during a typical inspection, necessitating a specialized technical assessment. The expert concluded that the defects compromised the vehicle’s value and structural soundness.

Court’s Decision and Justification

Satisfied with the expert’s findings, the court dismissed the seller’s assertion that the vehicle underwent an inspection before sale. The judgment highlighted that prior inspection records referring to roof repairs did not conclusively demonstrate the buyer’s awareness of the vehicle’s true condition or the extent of repairs undertaken.

The court also ruled that the case against the seller’s son was inadmissible, as he was not a contractual party in the sale. His involvement was limited to receiving the payment on behalf of his father, the registered vehicle owner.

Final Verdict and Implications

The court ordered the annulment of the sale contract, the return of the vehicle to the seller, and the repayment of AED64,000 to the buyer. Additionally, the seller must pay AED3,000 in compensation and AED500 for legal fees, while other claims were dismissed.

This case underscores the importance of transparency in vehicle transactions and the potential legal repercussions of concealing defects.