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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Hello, i have purchased a car and before paying...

تم تقييم هذه الإجابة:
Hello, i have purchased a car and before paying the deposit i told him that the AC is weak, he said they will service it but just did gas refill and sold it to me without fixing the problem.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I purchased the car from Dubai and transferred to Abu Dhabi
Lawyer's Assistant: Has anything been filed or reported?
Not yet
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No

إطرح سؤالك

الرد من العميل

Replacing the AC compressor and condensor is required as per the showroom and the seller wants me to pay some amount for that which is not as per our discussion before the purchase

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that in this regard, you may not terminate the contract of sale because you knew of the defect that existed. All you can do is to ask for compensation for damages caused by the seller's failure to repair the defect and failure to implement the terms of the agreement between you.

  Here are the provisions of the Civil Transactions Law related to your inquiry:

Article (237)

The right for rescission of the contract, under the option of defect, shall be operative in contracts, where rescission is likely to occur, without stipulating it in the contract.

Article (238)

The defect which makes the option operative must be old, affecting the value of the contract’s object, unknown to the buyer and provided the seller did not specify the discharge thereof as a condition in the contract.

Article (239)

1. If the defect fulfills the conditions mentioned in the previous article, the contract shall not be binding to the option holder before payment, and rescindable thereafter.

2. Rescission of the contract prior to receiving payment, with all what it entails, without need for consent or court action provided that the other contracting party has knowledge thereof. After payment rescission shall take place only by consent or by court action.

Article (240)

Rescission of the contract on grounds of defect shall result in returning the object of the contract to its owner and recovering what was paid.

الرد من العميل

What about the other defects that were not informed to me while selling the car ?

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

In this case the texts of articles mentioned above are applied, as these defects are considered hidden ones, so you may file a lawsuit to terminate the sales contract, return the vehicle, and get refund.

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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