The Al Ain Court of First Instance has ruled to reject a lawsuit filed by a young man who bought a car for AED 94,000 and discovered tampering with its odometer. The court noted that the plaintiff bought the vehicle from the defendant when it was in use, and that he should have inspected it before concluding the sale contract, especially since the attached certificate from the Drivers Licensing Department showed that there was an inspection that revealed tampering with the odometer.
In the details, a young man filed a lawsuit against another, demanding that he be obligated to cancel a car sale contract and return the amount, and to be obligated to compensate him with an amount of 20 thousand dirhams as a result of the fraud committed by the defendant, in addition to fees and expenses, indicating that he bought a vehicle from the defendant through the bank for 94 thousand dirhams, and it became clear to him that he had been deceived by the defendant, after he discovered tampering with the vehicle’s odometer, and reducing the distance traveled, without the defendant disclosing this at the time of sale.
For its part, the court explained in the grounds of its ruling that “the sale is the exchange of non-cash property for cash property, provided that the item sold is known to the buyer in a manner that negates gross ignorance,” noting that the plaintiff is demanding the cancellation of the sale contract and the return of the amount paid, in addition to compensation for what he suffered materially and morally due to the malfunctions that the car suffered.
She pointed out that the plaintiff bought the vehicle from the defendant, and the defects that required the cancellation of the contract were among the defects that could be observed, and he should have examined them, especially since the attached certificate from the Drivers Licensing Department showed that there was an examination that revealed tampering with the mileage meter, but he bought the vehicle without an examination, and therefore he accepted to buy the vehicle in the condition it was in, and with the damages that he relied on to cancel the contract, and therefore the lawsuit was filed without a valid basis, and the court ruled to reject the lawsuit, and obligated the plaintiff to pay the expenses.
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