Dubai Civil Court ordered the owner of a luxury vehicle to return Dhs765,000 to its purchaser and commanded him to pay Dhs30,000 in compensation after the purchaser discovered that the vehicle owner manipulated its data and technical specifications, specifically its country of origin and model year. The court also rescinded the sales contract.
The details of the case date back to the time when a man purchased a luxury vehicle for Dhs765,000, according to specific specifications and data included in the sales contract. After completing the deal and inspecting the vehicle at the competent authorities, it turned out that the country of manufacture and model year were different, so he resorted to the court and requested the appointment of a specialised expert.
The expert report revealed fundamental differences in the technical identity of the vehicle, as the inspection results showed a difference in the model year from what was in the contract, in addition to differences in registration data and specifications regarding the country of manufacture.
The electronic inspection also showed that the vehicle is technically older than what was stated, while the electronic system showed a different model year.
The report concluded that the discrepancy between the chassis number, the technical generation of the electronic systems, and the model year represents a fundamental conflict with the contract which cannot be addressed technically, because it affects the essence of the vehicle.
In his lawsuit, the purchaser requested the rescission of the contract, the return of the full price, and compensation, while the vehicle seller pleaded for the dismissal of the case for being filed against a party without legal standing.
The court affirmed that the proof of a hidden fundamental defect and the non-conformity of the vehicle to specifications grants the purchaser the right to rescind the sale and recover the price.
The court stated that it was reassured by the expert report and considered that the difference between the actual condition of the vehicle and the stated specifications represents a fundamental defect, and that the appellee breached his contractual obligations.
Consequently, the court rescinded the sales contract and ordered the appellee to return Dhs765,000 and pay Dhs30,000 as compensation for damages, in addition to fees, expenses, and Dhs1,000 as attorney fees.