Hi Sir , I am located in Dubai and 2 days back I...

In case you purchased a car with a hidden defect or a modified odometer that caused you to buy the car with the actual price, it’s considered as a Hidden Defect in the moment of the transaction that you couldn’t notice at the transaction has been made,

And concerning the warranty of Hidden Defects (Option in Case of Defect) reffering to the Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates

Article (543)

1. The sale shall be considered concluded, on basis that the thing sold is free from defects other than those customarily tolerated.
2. The general rules concerning the option in case of defect shall govern the sale contract, taking into consideration the dispositions of the following Articles.

Article (544)

1. If an old defect appears in the thing sold, the purchaser shall be at option either to restitute it, or accept it at the nominated price, but he may not retain it and claim the amount of the decrease in price due to the defect.
2. The defect is considered old if it was existing in the sold before sale, or happened after sale while still under the control of the seller before delivery.
3. The defect occurring upon purchase shall be considered as old if based on a previously existing cause in the thing sold while in the hands of the vendor.
4. The old defect is conditioned upon being occult. A defect is occult when it cannot be discovered by normal look on the outward appearance of the thing sold, detected by an ordinary person, discovered only by an expert or does not show except by practice.

Article (545)

The vendor is not answerable for the old defect in the following instances:

1) If, upon sale, the vendor indicates to the purchaser the defect;

2) If the purchaser accepts the defect after he has been aware of it, or after taking knowledge of it from someone else;

3) If the purchaser buys the thing sold with knowledge of the defect;

4) If the vendor sells to the things sold, on condition that he does not warrant any or a specific defect in it unless the vendor intentionally hides the defect or the purchaser was in a state that prevents him from discovering it;

5) If the sale was done by public auction by order of the judiciary or administrative authorities.

Article (546)

In case the purchaser, prior to taking knowledge of the defect, disposes of the thing sold as the owner would do, his option is forfeited.

Article (547)

If the thing sold perishes due to an old defect, while in the hands of the purchaser or consumed it before taking knowledge of the defect, he shall take action against the vendor for deduction of the value of such defect.

Article (548)

1. If a new defect will appear in the thing sold, while in the hands of the purchaser, he may not return it with the old defect, but shall have a claim against the vendor for the reduction of the price unless the vendor accepts taking it back with its recent defect.
2. In case the occurring defect ceases to exist, the right to return the thing sold with its old defect to the vendor shall be reinstated to the purchaser.

Article (549)

1. Should the thing sold increase in such a way as to prevent its return back, then the purchaser discovered an old defect therein, he shall have the right to claim from the vendor the reduction in price because of the defect and the latter shall not be entitled to claim the restitution of the thing sold to him.
2. The preventing increase is every property of the purchaser related to the thing sold.

Article (550)

1. When several things were sold in one lot and defects appeared, before delivery, in some of these things, the purchaser may opt between purchasing the whole lot at the nominated price or return it back in full.
2. If several things were sold as one lot and an old defect appeared, after delivery, in some of these things, and there is no harm done as a result of sorting them out, the purchaser may return the defective part against its share in the price, but he shall not have the right to return them all without the consent of the vendor. Should the sorting and separation of these things be prejudicial the purchaser shall have the option either to return the whole lot or accept it against its full price.

Article (551)

1. If there is in the thing sold a defect that necessitates its restitution, and the purchaser, before being aware of the defect, has constituted in favor of a third party a right thereon that does not transfer title, he shall be entitled to return it to the vendor with this defect after clearing it from such right if the thing sold was not altered during this period.
2. If he has constituted a right to third parties after his knowledge of the defect, he shall forfeit his right in returning it. Should the sold thing be altered, the same provisions governing the alteration of the thing sold bearing an old defect shall be applicable.

Article (552)

The right of the purchaser to return back the defective thing sold shall not be forfeited due to the change in its value.

Article (553)

1. The yields of the returned defective thing sold, which are not considered a part thereof, shall belong to the purchaser as of the time of possessing the thing sold, up to the date of rescinding the sale. He may not claim from the vendor the expenses spent on the thing sold.
2. As for the yields of the sold thing which are considered a part thereof, shall belong to the vendor.
3. As concerns the thing sold that does not have any yields, the purchaser shall have a claim against the vendor for what he has spent.

Article (554)

The warranty of the returned defective thing sold shall be transferred from the purchaser to the vendor once the vendor accepts to take it from the purchaser, even though he does not collect it in fact or upon establishing before the courts the presence of a defect even before ordering restitution, if the vendor is absent, otherwise the warranty shall not be transferred until the order of restitution is rendered.

Article (555)

1. The lawsuit in warrant of the defect is not receivable due to prescription occurring after the lapse of six months as of taking delivery of the thing sold, unless the vendor binds himself for a longer period.
2. The vendor shall not adhere to this duration if it has been proved that hiding the defect was by fraud imputed to him.