Abu Dhabi court orders man to pay Dhs670,000 for fraudulently selling vehicle with defects

The Abu Dhabi Family, Civil and Administrative Cases Court has ordered an individual to pay Dhs670,000 in compensation to another individual, as well as a fine of Dhs50,000.

The convict had advertised a vehicle on social media, claiming that it was in good, like-new condition.

However, after purchasing the vehicle, he was surprised to discover hidden defects resulting from four accidents that had not been disclosed during the sale.

In details, the plaintiff filed a lawsuit against the defendant, requesting the annulment and termination of the car sale agreement between them, the restoration of the situation to its previous state and the refund of the sale price of Dhs670,000, plus legal and late payment interest at a rate of 12% from the date of the claim until full payment.

He also requested that the defendant take delivery of the car from him and transfer it to his name at the relevant traffic authority after the refund of the sale price had been made in full, and pay Dhs100,000 in compensation for the material and moral damages they suffered as a result of the defendant's actions, as well as the relevant fees and expenses.

The plaintiff based his claim on the fact that the defendant had posted an advertisement on social media offering to sell a vehicle for Dhs670,000.

The advertisement assured potential buyers that the vehicle was in good condition, like new, had not been involved in any accidents, and had been serviced at the dealership. The sale was concluded.

However, after searching American websites for information about the vehicle and its condition, it became apparent that there had been four recorded accidents. This constituted fraud and deception, prompting the complainant to file this lawsuit with the court.

The presiding judge appointed a technical expert to examine the vehicle. Having completed his investigation, the expert submitted a report stating that the vehicle had a number of significant faults affecting its mechanical, electronic, and structural components. These faults directly impacted the vehicle's operational safety and suitability for use.

The commission also found that the vehicle had a sensitive accelerator pedal malfunction and defects in the oil pressure system, rear collision radar and airbag and electronic stability control systems. There were also repeated fault messages relating to the engine's electronic control unit.

Based on the results of the technical inspections and the expert's opinion, these faults are considered to be hidden fundamental defects affecting public safety and security due to their nature and function.

The court explained that, based on the documents, it had concluded that the seller was at fault for concealing the defect from the buyer. This necessitated the cancellation of the sales contract, obliging the seller to refund the sale price of Dhs670,000 and transfer the vehicle to the seller's name with the relevant traffic authority.

The court considered that compensation of Dhs50,000 would be sufficient to cover all the material and moral damages incurred by the plaintiff.