Specify the requirements for the seller's involvement in the "fraud" process.
The law protects the consumer from “hidden defects” with several guarantees
The law obliges the seller to guarantee hidden defects according to specific requirements.
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Wajih Abdulaziz: "The seller is not responsible for guaranteeing the hidden defect if he shows it and explains its nature to the buyer at the time of sale."
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Consumers frequently complain about discovering hidden defects in products they have purchased, and have been subjected to abuse by the owner of the product or seller when trying to return them, especially in the case of re-sale products, such as used cars or electrical appliances, so the seller usually guarantees to the buyer the quality of the product he sells and is completely free of any defects, until That the latter discover the opposite and then enter into a dispute over the rights of each of them, while Qanuni stressed that the UAE law provided legal guarantees to protect the consumer from "hidden defects."
Consumers asked Emirates Today several questions about consumer rights, including, “What are the legal guarantees for both the seller and the buyer if a hidden defect is discovered in the product?
What are the limits of each of them’s commitment, the consequent effect thereof, and the legal period of this obligation?
Does the right to cling to it lapse with the statute of limitations?
A first legal advisor, Wajih Amin Abdulaziz, stated that sales contracts are the basis of daily transactions between individuals, so they are of utmost importance in all legislation and the legislator has surrounded them with guarantees and obligations that are on the shoulders of their parties, to achieve a balance between the interest of the seller and the buyer in order to stabilize these transactions, including guarantees to protect The rights of the buyer, whether the product is a real estate, a car, or any other commodity, if he discovered hidden defects in them that he did not correct or notice their existence.
Abdulaziz defined the "hidden defect" as a defect that only an expert can discover and only appear by experience, and that would reduce the value of the sale or make it unfit for use, stressing that the law obliges the seller to guarantee hidden defects according to specific conditions.
He pointed out that one of the most prominent of these conditions is that the defect is so hidden that it does not allow the buyer to discover it by himself when examining the sold carefully and with the experience of the ordinary person, including the seller’s confirmation that the sold product is free of this defect, and his intention to conceal it because by doing so he commits fraud, and his behavior will result in his being legally deprived of Take advantage of his cheating.
He explained that the law stipulated that the defect be old and influential, and that it leads to a decrease in the value of the sale that the buyer does not know. If he knew of the defect despite its concealment, the seller would not be a guarantor of it, and of course if an old defect appeared in the sale, the buyer would have the choice between returning or accepting it.
Abdulaziz added that according to the provisions of Article 545 of the UAE Civil Transactions Law, the seller is not responsible for guaranteeing the hidden defect if he explains it and explains its nature to the buyer at the time of sale, and if the buyer is satisfied with it after seeing it, or if the seller stipulated in the contract that he is not responsible for every defect. Unless you intentionally hide it.
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