How to claim a refund for a flood-damaged car with a fake invoice and voided warranty?

Hello, dear questioner,

It is clear from your explanation that there are hidden defects in the car that you were unaware of, and that you were deceived.

In this case, with all the evidence you have, you can file a civil lawsuit to demand a refund of your money and the return of the car, in addition to compensation for any damages you suffered, whether material or moral.

The case will be classified as civil. We can assist you in filing the case and claiming your money back.

For further discussion, please share your WhatsApp number.

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

You have strong grounds for a refund due to the dealer's misrepresentation. Under UAE consumer protection laws, selling a previously written-off car without disclosure is illegal.

File a complaint with the Ministry of Economy (MOE) regarding the misleading sale. The invoice with the incorrect chassis number may void the transaction, strengthening your case.

If the dealer refuses to cooperate, consider legal action for misrepresentation. Keep all documentation, including service reports and police reports, as evidence.

These steps will help you pursue your claim effectively and seek a resolution for your situation.

Thanks & Regards,

ABDUL WAHIED

Greetings of the day,

Your situation involves serious legal issues, including fraudulent misrepresentation by the dealership.

As per my understanding, your proposition depicts:

The dealership sold the car under false pretenses, advertising it as accident-free and in great condition, when it was actually a total loss due to flooding. They concealed crucial information about the car’s history, which directly impacts its usability and value.

The manufacturer voided the warranty due to the car being written off. Since warranty coverage was a significant factor in your purchase decision, this further supports your claim.

The invoice issued with the wrong chassis number is problematic. This may indicate intentional fraud or negligence. It also complicates ownership and legal claims.

Recommended platforms:

1. Since fraud is a criminal matter, your police report is crucial for escalating the case. The MOI will investigate the dealership’s actions, particularly the fraudulent invoice and concealment of material facts.

Request that the police hold the dealership accountable for fraud and potentially pursue criminal charges.

2. Engage a lawyer to file a civil lawsuit against the dealership. The claim should include:

A) A refund of the purchase price.

B) Compensation for damages (e.g., the inconvenience, loss of use of the car, and any legal fees).

Best regards,

Sara Al Saedi Advocates & Legal Consultants

Dear Questioner,

Thank you for reaching out to us with the details of your situation regarding the vehicle purchase!

Based on the information you have provided, it appears that you have a valid claim against the dealership for misrepresentation and fraud. Below are the key points and the suggested course of action:

1. Misrepresentation by the Dealership:

The dealership advertised the car as being in “great condition” and “accident-free,” yet the car has been shown to be a total loss due to flooding, which was not disclosed at the time of purchase.

This constitutes misrepresentation on their part, and you may have a claim for damages, including the full purchase price of the vehicle.

2. Warranty Issue:

Since the warranty on the car has been voided due to the vehicle’s prior total loss status, you could pursue a claim against the dealership for not disclosing this material information, which directly influenced your decision to purchase the vehicle.

3. Invoice with Incorrect Chassis Number:

The discrepancy between the chassis number on the invoice and the actual number of the car further strengthens your case. This error, if not rectified, could potentially invalidate the invoice and suggest fraudulent activity on the part of the dealership.

4. Where to File the Complaint:

- Police Report:

Since you have already filed a police report, this is an important step, especially if criminal fraud is suspected. The police may investigate the dealership for any fraudulent activities.

- Ministry of Economy (MOE):

You should also file a complaint with the Consumer Protection Department at the Ministry of Economy (MOE). They can assist in mediating disputes related to consumer protection and can take action against the dealership for misrepresentation and fraud.

- Legal Action (Court):

If the complaint to the MOE does not resolve the issue, you can pursue legal action through the UAE Civil Courts to claim a refund of the purchase price and any other damages. This can be done through a civil lawsuit for breach of contract or misrepresentation.

5. Next Steps:

- Gather Evidence:

Please ensure that you have all relevant documents, including the police report, manufacturer’s statement regarding the total loss, the invoice with the incorrect chassis number, and any communications with the dealership.

- Submit a Complaint to the MOE:

We recommend filing a formal complaint with the Ministry of Economy (MOE) to investigate the dealership's actions. The MOE can initiate an inquiry into the dealership’s practices and potentially facilitate a resolution.

- Legal Action:

If necessary, we can assist you in filing a civil lawsuit for breach of contract or fraud in the UAE courts, where we can seek a full refund and possibly additional damages for the loss caused.

Please let me know if you would like to proceed with the formal complaint or if you need further assistance with the legal process.

I am available to guide you through the next steps and ensure your case is handled appropriately.

Kind regards,

Mohammed Salah

Legal Consultant

Hello,

Based on the details provided, the dealer's failure to disclose that the car was a total loss due to flooding, alongside issuing an invoice with an incorrect chassis number, constitutes serious breaches under UAE law.

Specifically, Article 7 Federal Law No. (15) of 2020 on Consumer Protection obligates sellers to provide accurate and complete information about their products.

Misrepresenting the vehicle as being in "great condition" and concealing such a critical defect amounts to fraud, which justifies the rescission of the sale and entitles you to a refund and compensation for damages.

Your case is similar to a precedent I recently handled, where my client purchased a car with undisclosed hidden defects.

The court ruled in favor of my client, rescinded the sale, and ordered the seller to refund the purchase price and pay additional compensation for the damages caused by the fraudulent concealment of defects.

This judgment strengthens the legal position of buyers in cases where sellers attempt to mislead or conceal vital information about a vehicle's condition.

To proceed, I recommend filing a civil claim to demand the rescission of the sale, a full refund, and compensation for any losses incurred due to the seller’s misconduct.

If you would like my assistance, I can represent you throughout the process, leveraging my experience with similar cases to protect your rights and ensure the best possible outcome.

Please feel free to contact me at [----------] or via email at [----------] to discuss the next steps.

Submit your complaint to the Ministry of Economy or the Department of Economic Development first to try to resolve the dispute amicably before resorting to court.

For assistance, please contact us via phone or WhatsApp number [----------].