A young man buys a car for 670 thousand dirhams and discovers that it has been involved in 4 major accidents

The Abu Dhabi Family, Civil and Administrative Claims Court ruled to annul the contract for the sale of a luxury vehicle, which a young man had purchased for 670,000 dirhams through an advertisement on social media sites. He discovered major damage and hidden defects affecting its mechanical, electronic and structural components, and affecting its suitability for use.

The court obliged the seller to refund the price of the car, and compensate the buyer for the material and moral damages he suffered in the amount of 50 thousand dirhams.

In the details, a young man filed a lawsuit against another, demanding the annulment and termination of the car sale agreement concluded between them, and restoring the situation to what it was, and obligating him to return the sale price of 670 thousand dirhams to him, with interest, and obliging him to receive the car and transfer it to his name at the traffic authority, after he had completely returned the sale amount, in addition to obliging him to pay 100 thousand dirhams in compensation for the material and moral damages that he suffered. Fees, expenses and attorney’s fees.

He pointed out that the defendant published an advertisement for the sale of a vehicle on the social networking site at a price of 670 thousand dirhams.

He confirmed that it was in good condition, like new, free of accidents, and that it was maintained at the official agency.

As a result, he bought it, but due to the recurrence of various malfunctions in the car, he searched for the vehicle and its condition on American websites. It was found that there were four accidents recorded on it, and he discovered that he had been subjected to fraud and fraud.

In support of his claim, he attached pictures of the sale announcement, an inspection from more than one workshop, and conversations between them via WhatsApp, while the defendant submitted a memorandum, at the conclusion of which he requested the lawsuit be dismissed for lack of truth and proof.

The report of the technical expert assigned by the court showed that the current owner of the vehicle is the plaintiff, and that the defendant published an advertisement to sell it, so the first one bought it from him for an amount of 670 thousand dirhams.

Experience has found that the vehicle being sold suffers from a number of significant malfunctions and damages affecting its mechanical, electronic and structural components, as their direct impact on the elements and components of the vehicle’s operational safety and its suitability for safe use has been proven. It has also proven, through the results of technical examinations, that what the vehicle in the claim document suffers from, in nature and function, rises to the level of hidden fundamental defects affecting safety and public safety.

It stated that these defects directly affect the basic operational safety elements, causing the vehicle to lose its normal usability and fundamentally affect its market value.

It was also found that the base of the vehicle being sold and delivered had been subjected to repairs that were in violation of the manufacturing principles of the manufacturer, which constitutes a major structural defect that cannot be remedied, and leads to the lack of technical feasibility of any subsequent repair. This was confirmed by the letter issued by the authorized local agent for this type of car.

For its part, the court stated that the appointed expert took into account technical customs in preparing its report, and concluded that there were hidden defects in the vehicle that is the subject of the lawsuit. Therefore, the court – with its authority to understand reality and evaluate its evidence – concludes that the defendant was wrong in concealing this defect, and not revealing it to the plaintiff when selling the vehicle, which is considered fraud on his part in concealing the defect, and is considered an error on the part of the defendant.

Regarding the request for compensation, the court indicated that the defendant’s mistake was proven, and that mistake caused the plaintiff material and moral damage, represented by depriving him of benefiting from the amount in question, and the grief and sorrow that befell him.

The court ruled to annul the sale contract that is the subject of the lawsuit, obligating the defendant to return the sales amount of 670 thousand dirhams to the plaintiff, obliging him to receive the vehicle that is the subject of the aforementioned lawsuit from the plaintiff, and transferring it to his name with the competent traffic authority, after completing his return of the sale amount to the plaintiff, obligating the defendant to pay the plaintiff an amount of 50 thousand dirhams in compensation, and obliging him to pay the fees and expenses of the lawsuit.