Can I take legal action after a used car from seller breaks down?

LEGAL VIEW

- Ashish Mehta

Question: I bought a used car from a resident for Dh10,000, but it broke down within a week. I had to spend an additional Dh10,000 on repairs. I was misled because the mechanics told me that the vehicle had serious engine issues. Can I take legal action against the seller? What are my rights in this situation? Please advise.

Answer: A seller in the UAE is obligated to disclose defects in the item sold. If a buyer later discovers a serious defect that existed prior to the sale and was not disclosed, the law provides remedies, including returning the item or claiming a reduction in price and compensation.

This is in accordance with Article 543(1) of the Federal Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates, which states, “A sale shall be deemed to have been concluded on the basis that the goods sold are free of any defects, save such as are within the customary tolerance.”

Furthermore, Article 544(1) of the UAE Civil Transactions Law states:

“If an old (preexisting) defect appears in the goods sold, the purchaser shall have the option, as he wishes, either to return the goods or to accept them at the stipulated price, but he may not keep them and claim for any reduction in price (should possibly be "value") caused by the defect.”

In the UAE, a seller is required to provide the right description of a product to a buyer and should not mislead a buyer while selling a product.