Used for a distance of 200,000 km .. in violation of the meter reading

A fine of a car salesman who concealed the defects of the “Vassi”

The court decided to cancel the contract of sale of the vehicle.

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The Al Ain Appeals Court upheld a ruling of the Court of First Instance that terminated a vehicle sale contract due to the buyer's discovery of a defect in the chassis that prevented its license, in addition to tampering with the odometer, and upheld the obligation of the seller to pay the buyer an amount of 101,500 dirhams.

A young man filed a lawsuit, in which he demanded to compel a car dealer to refund the amount of 79,500 dirhams, in addition to the examination fees, and compensate him for material and moral damages in the amount of 20,000 dirhams, in addition to fees and expenses, referring to his purchase of a vehicle for the amount of 79,500 dirhams. When examining it, it became clear to him that there was a defect in the chassis, and that it was not licensable, unless the chassis was replaced, and the ruling sought to rescind the sales contract.

For his part, the defendant submitted a reply memorandum requesting the inclusion of two new opponents in the lawsuit, "an insurance company" and "a car showroom", and a request to address the Abu Dhabi Police to clarify whether or not the vehicle in question was involved in an accident, and to indicate the date of the accident and its driver during this accident. The ruling sought to dismiss the case due to the absence of its responsibility, and to obligate the litigant to enter the first and second entry with what may be decided in the interest of the plaintiff.

The opponent submitted the first entry with a reply memorandum, in which he sought to remove him from the case, as he had no capacity in it, and as a result, the case was rejected against him.

The report of the engineering expert delegated by the court showed that the vehicle was used for a distance of 200,000 km, which is in violation of the meter reading on the basis of which it was sold, which is a hidden tampering that needs a careful and specialized technical examination and cannot be known through the traffic examination, pointing out that “this tampering and the defects of the chassis Paint and accidents lose the vehicle from its market value,” and that “the person responsible for this tampering and defects is the vehicle’s owner or possessor (the seller), and that the plaintiff was not aware of these defects.”

The Court of First Instance ruled to annul the sale contract and oblige the defendant to pay the plaintiff an amount of 81,500 dirhams, in addition to an amount of 20,000 dirhams in compensation for the damages he sustained, and in proportion to the expenses.

The judiciary was not accepted by the defendant, so he appealed to the Court of Appeal, noting that the reason for the appeal was the request to assign and delegate another expert, while the Court of Appeal decided to accept the case in form and rejected it in substance, noting that the expert’s report included all the information that reassured it in proving the defendant’s mistake. And it ruled to reject the appeal, and uphold the judgment of the Court of First Instance.

The «Appeal» upheld the obligation of the seller to pay the buyer 101 thousand and 500 dirhams.

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