Khaberni - The Al Ain Court for Civil, Commercial, and Administrative Cases ruled to cancel the vehicle sale contract and mandate the seller to refund the full purchase price and compensate the woman who bought it, after the vehicle broke down within 24 hours of purchase and a severe hidden defect was discovered in the transmission (gear) that was not detected during the standard examination.
The details of the case go back to when the woman bought the vehicle from the seller for 18,000 dirhams in full, in addition to transfer of ownership fees and insurance at 560 dirhams. Just 24 hours after the purchase, the car broke down while she was driving, which led her to present it to specialized workshops. It was discovered there was a fault in the gear system and the gear oil, which was a pre-existing defect not disclosed before the sale.
In court, a lawyer represented the woman, and the seller attended confirming the buyer's son had examined the car at a testing center of their choice and stated the sale was "as is," denying any hidden defects. Therefore, the court decided to employ a specialist mechanical expert.
The expert’s report revealed a previously recorded fault code in the car’s computer related to the solenoid sensor in the transmission, in addition to the deterioration of the gear oil, confirming that the malfunction was ancient and linked to an incomplete repair, and it had nothing to do with the buyer's usage. The expert also affirmed that this type of defect cannot be discovered through visual observation or routine inspection, only through specialized diagnostics, and the cost of repairing the gear system exceeded 6,000 dirhams, while the total repair cost of the vehicle exceeded 13,000 dirhams, making the defect significant and impactful on the price.
The court ordered the cancellation of the sale contract and the return of the vehicle to the seller, obligating him to refund 18,000 dirhams, the price of the car, and compensate the woman with 1,000 dirhams for material and moral damages suffered by her, in addition to covering expenses and fees. The judgment was based on the provisions of the hidden defects mentioned in Article 544 of the Civil Transactions Law, which allows the buyer to return the sold goods if a hidden defect not disclosed by the seller is discovered.
