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Al Ain court cancels car sale after odometer tampering

The Al Ain civil, commercial and administrative court has ordered the cancellation of a car sale after ruling that the vehicle’s odometer had been deliberately altered. The seller was instructed to refund Dh85,000 to the buyer and pay an additional Dh10,000 in compensation.

The case was filed by a young man who said he bought the car after responding to an online advertisement claiming the vehicle had been driven only 13,000 kilometres and remained under the manufacturer’s warranty.

According to court records, the seller provided photos showing the mileage reading along with inspection reports. The buyer proceeded with the purchase through bank financing and completed the ownership transfer.

However, a later inspection at the car’s authorised dealership revealed that the odometer had been manipulated. Official data showed the vehicle had actually travelled 149,000 kilometres before the reading was reduced to 13,000. The court described the discrepancy as a hidden and fundamental defect.

The buyer sought the return of the purchase price, financing-related expenses, and damages, arguing that the sale was based on false operational information amounting to fraud. The seller denied wrongdoing, claiming the buyer had inspected and test-driven the vehicle, and that the financing bank had also conducted checks prior to approving the loan.

A court-appointed technical expert concluded that the mileage tampering was a material defect that could not be detected through normal inspection. The expert confirmed that the defect existed before the sale, could not be repaired, and had reduced the car’s market value by approximately Dh25,000.

In its ruling, the court stated that the defect was old, concealed, and substantial, and that the contract had been concluded based on inaccurate information, invalidating the buyer’s consent. It rejected the seller’s argument that inspections by the buyer or the bank removed liability, noting that such defects are not discoverable through visible checks alone.

The court also accepted the claim for damages, citing financial losses related to registration, financing, and legal costs, as well as emotional distress suffered by the buyer.

The judgment ordered the cancellation of the sales contract, the return of the vehicle to the seller, repayment of the Dh85,000 purchase price, and Dh10,000 in compensation, in addition to court fees and expenses.

Staff Report

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