Al Ain Primary School ruled that the contract was terminated

A fine for a car seller who tampered with the mileage.. and refunded the buyer's price

Amr Bayoumi Abu Dhabi

Al Ain Court of First Instance ruled to terminate the contract for the sale of a four-wheel drive vehicle for an amount of 200,000 dirhams, and obligated the seller to refund the amount to the buyer, after the latter discovered that the first had tampered with the mileage in the car, and changed it from 189,388 kilometers to 75,425 kilometers, and obligated the defendant to compensate the plaintiff with 5,000 dirhams. for the damage caused to him.

In the details, a car buyer filed a lawsuit against a seller, in which he demanded the termination of the sales contract and the consequences of that, and obligating the defendant to receive the car indicated in the contract, with an obligation to return the amount of 200 thousand dirhams, which he paid for the vehicle, and the legal interest at 12% of The date of filing the lawsuit until full payment, with an obligation of 50,000 dirhams in compensation for the material and moral damages he sustained, and obligating him to pay fees, expenses and attorney fees.

The plaintiff indicated that he had bought from the defendant an SUV for 200,000 dirhams, after the latter showed it on the social networking site “Instagram”, and the plaintiff registered the vehicle in the name of his brother, and the defendant received the price of the vehicle, and when the plaintiff went with the vehicle to the agency for examinations and examination Al-Douri was surprised by the agency’s refusal to repair the vehicle, after a careful examination proved that the car’s meter had been tampered with and changed from 189,388 kilometers to 75,425 kilometers, in November 2019, which proves that the defendant had tampered with the kilometer counter to introduce fraud. On the buyer, and since the defendant had concealed the matter of the hidden defect from the plaintiff, who, had he known of its existence, would not have purchased the car, and provided a document for his claim, a copy of the advertisement, a copy of the sales contract, and a copy of the report of the agency to which the car belongs, which states that the car has been Its counter has been tampered with.

While the defendant submitted a memorandum holding that the case was not heard, more than six months have passed since the plaintiff received the sale, and then the seller's obligation to guarantee the hidden defects falls after six months, and the defendant indicated to the plaintiff that the car had been modified with its mileage counter, and that the defendant accepted Therefore, he does not accept his claim that the defendant sold him the car without his knowledge of the existence of an alteration in the mileage, and he requested, in precaution, to dismiss the case.

For its part, the court clarified in the merits of its ruling that the defendant’s plea not to hear the case for more than six months after the plaintiff received the sale, and then the seller’s obligation to guarantee the hidden defects falls after six months, in response to him that it is decided according to the Civil Transactions Law that a warranty claim will not be heard The defect is due to the passage of time after the lapse of six months from the receipt of the thing sold, unless the seller is committed to the warranty for a longer period, and the seller is not entitled to adhere to this period if it is proven that concealing the defect was fraudulent on his part.

She indicated that the evidence from the papers is that the defendant displayed his car on a social networking site, and the announcement included data that contradicts the truth and the fact that the distance traveled is 77,000 km, while the actual distance traveled is 189,388 km, according to the report of the car agency, which states that The vehicle's meter has been tampered with and changed, which leads to fraud on the part of the seller, especially since the defendant did not prove the defendant's knowledge and approval of the modification made in the meter.

She pointed out that the plaintiff’s request for the termination of the contract has a legal basis in accordance with the Civil Transactions Law, which states that if an old defect appeared in the sale, the buyer had the option to return it and if he wanted to accept it at the named price, and he did not have the right to hold it and claim what the defect reduced from the price, and it is stipulated The old defect is that it is hidden, and the hidden defect is that which is not known by seeing the apparent appearance of the sale, or the ordinary person does not discover it, or the non-expert reveals it, or it only appears by experience.

The court ruled to rescind the contract between the two parties, which included the defendant selling the vehicle to the plaintiff for a total price of 200,000 dirhams, and to return the sold car to the defendant, with the defendant obligating the defendant to return the price he had paid to the plaintiff, in addition to an amount of 5,000 dirhams in compensation for material and moral damages. Suffered him, with his obligation of appropriate fees and expenses, and rejected other requests.

• The defendant submitted a memorandum to drop his obligation to guarantee hidden defects after six months of the sale.

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