Seller ordered to refund Dh27,000 purchase price and pay Dh3,000 in compensation after vehicle failed inspection due to structural defect
Abu Dhabi: The Abu Dhabi Family, Civil and Administrative Court has cancelled the sale contract of a car worth Dh27,000 after determining that it contained a hidden structural defect that prevented it from passing a technical inspection.
The court ordered the seller to refund the purchase price to the buyer and pay Dh3,000 in compensation, in addition to court fees, expenses and Dh500 in lawyers’ fees.
According to court records, the buyer filed a lawsuit seeking cancellation of the sale contract, restoration of both parties to their positions before the transaction, the return of the vehicle’s purchase price, reimbursement of Dh3,000 in inspection and ownership transfer costs, and compensation of Dh10,000 for material and moral damages.
The buyer stated that after purchasing the vehicle and transferring ownership into his name, he discovered, during the licence renewal process, that the vehicle had failed the technical inspection because of a fundamental defect in its chassis.
According to the technical inspection report, the defect involved cutting and repair work to the vehicle’s floor structure, rendering it unsuitable.
The buyer argued that the defect existed at the time of sale and was a hidden defect that had not been disclosed to him. He said he would not have purchased the vehicle had he been aware of it.
He added that he had attempted to resolve the matter amicably by requesting cancellation of the sale and reimbursement of the purchase price and related expenses, but the seller declined.
The seller maintained that he had not been aware of the defect.
A court-appointed expert concluded that the vehicle suffered from a hidden defect caused by a previous accident that had required front-end repairs inconsistent with the original factory specifications.
The expert reported that the defect was not disclosed to the buyer when the sale was completed and that it reduced the vehicle’s value and usefulness to an extent that would likely have prevented the buyer from proceeding with the purchase had he known about it.
In its ruling, the court stated that under the law, if an old defect appears in a sold item, the buyer has the right to return it or accept it at the agreed price. A defect is considered old if it existed before the sale or arose while the item was in the seller’s possession before delivery.
The court said it was satisfied with the findings of the expert report and adopted its conclusions, determining that the buyer was entitled to cancellation of the contract.
Regarding the claim for compensation, the court found that the seller made an error by selling the vehicle with a hidden defect and that this caused the buyer both material and moral harm.
The court therefore cancelled the sale contract, ordered the return of the Dh27,000 purchase price to the buyer and required the buyer to return the vehicle to the seller.
It also ordered the seller to pay Dh3,000 in compensation, together with court fees, expenses and Dh500 in lawyers’ fees, while rejecting all other claims.
Source: Emirates 24|7