Source: Emirates Today – Al Ain Civil, Commercial and Administrative Claims Court.
The Al Ain Civil, Commercial and Administrative Claims Court ruled that a mother and her son must take back a vehicle they had sold to a young man after it was proven that they had tampered with the car’s odometer. The court also ordered them to refund the purchase price to the buyer.
According to the case details, a young man filed a lawsuit against a woman and her son, requesting the rescission of the vehicle sale contract, restoration of the parties to their original positions before the contract, and obligating the defendants jointly to pay him AED 215,000, representing the value of the vehicle, in addition to AED 35,000 in compensation for material and moral damages. Alternatively, he requested the appointment of an expert to inspect the vehicle and determine its condition.
The claimant stated that he had purchased the vehicle in question from the first defendant through the second defendant for AED 215,000. After paying the amount, he discovered that the odometer had been tampered with. He then requested that they take back the vehicle and refund the amount paid, but they refused.
In response, the defendants submitted a memorandum requesting dismissal of the case.
The technical expert appointed by the court confirmed that the claimant had purchased the vehicle from the first defendant through her son for AED 215,000, and that the car contained defects consisting of odometer tampering, with the mileage reduced by 68,290 kilometers. The report explained that this constituted a hidden defect that could not be discovered except through specialized inspection centers and could not be identified through ordinary viewing or standard traffic authority inspection.
The report further stated that although the defect did not prevent the vehicle from serving its intended purpose, it significantly reduced its value, meaning that the actual market value of the vehicle based on its true mileage was lower than the sale price paid.
The first defendant argued that the vehicle had been inspected at the dealership three days before the sale and that she possessed documents proving this.
The court clarified that, under the UAE Evidence Law in Civil and Commercial Transactions, if an old defect appears in the sold item, the buyer has the option either to return it or accept it at the agreed price, but may not retain it while claiming a reduction in price due to the defect.
The court relied on the expert report filed in the case, finding it sufficient and properly substantiated, and concluded that the vehicle suffered from hidden defects resulting from odometer tampering committed by the defendants prior to the claimant’s purchase. Therefore, the court ruled that the buyer could not reasonably have detected the defect, making rescission of the sale contract necessary.
The court rejected the claimant’s request for compensation, noting that he failed to provide evidence of damages resulting from the defendants’ actions.
Accordingly, the court ruled to rescind the sale contract concluded between the parties, ordered the defendants to pay the claimant AED 215,000 and take back the vehicle, and also ordered them to bear the legal expenses and AED 300 in attorney’s fees.