The Dubai Court ordered a man to pay 226,000 dirhams for this reason
The Dubai Civil Court recently ruled in favor of a Gulf resident who discovered undisclosed defects in a luxury car purchased through a renowned online marketplace.
The buyer, having spent 211 thousand dirhams on the Porsche Carrera, found that the car's outer structure was concealed with a film, masking fundamental issues. Consequently, the buyer filed a civil lawsuit against both the online marketplace company, specializing in vehicle evaluation, and the seller.
Legal Proceedings: Unveiling Hidden Defects
The plaintiff, after seeing the car advertisement on the digital market, engaged with the certified company that evaluated and inspected the vehicle. The company provided an evaluation and inspection report, stating that the exterior structure's implementation plans were estimated at 88.9%, a satisfactory percentage according to industry standards. Relying on this report, the buyer proceeded with the purchase, transferring ownership and paying the agreed-upon amount.
However, upon conducting an independent examination, the buyer uncovered undisclosed defects in the car's structure, including a special "Glad" coating and transmission issues. These defects were not confirmed in the intermediary company's report, leading the buyer to believe he had been deceived. Subsequently, the plaintiff sought legal action, requesting the cancellation of the contract and compensation for damages incurred due to the fraudulent transaction.
Expert Analysis and Court Verdict
The court appointed a specialized mechanical expert who determined that the vehicle had multiple hidden defects, including a malfunction in the main transmission and damage to the exterior structure. The expert emphasized that these defects predated the purchase and contradicted the evaluation provided by the company. The market value of the car at the time of purchase was estimated at no more than 160 thousand dirhams, significantly lower than the purchase price.
In its ruling, the court acknowledged the validity of the expert's report, emphasizing that hidden defects, only discernible by experts, justified the annulment of the contract. The court ordered the parties to revert to their pre-contractual positions and jointly pay the plaintiff 211 thousand dirhams.
Additionally, the defendants were obligated to compensate the plaintiff with 15 thousand dirhams for both material and moral damages resulting from their actions, including the withholding of funds and emotional distress experienced by the plaintiff. This case underscores the importance of transparency in transactions and the legal recourse available to consumers in the face of deceptive practices.