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Discovering that a second hand car is faulty after purchase. What to do?

Dear sir/madam,

I bought a 2nd hand car from the main dealer of the brand and have had problems since purchase. I am now 3 months since purchase and have had a breakdown with major repair work required.

The car is from 2017 so not that old. I have notes, dates, and receipts of all the work in those 3 months, some were back at the main dealer. My question is, under the Consumer Protection Law, what options do I have against the main dealer?

It has only been 3 months and the car needs 5 figures of AED in repair work.

Grateful for any legal advice on the next course of action, please!

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30 Jun 2022, 12:08

Good afternoon,

Often the main dealer gives a warranty on 2nd hand cars for a few months after purchase (certified pre-owned vehicle warranty). Is that applicable in your case?

30 Jun 2022, 12:22

They didn't give a warranty.

30 Jun 2022, 12:31

In the purchase agreement that you signed, what is written in the small print?

Does it mention that the car is in good shape when purchased?

30 Jun 2022, 13:14

Hi,

Yes, unfortunately, it does, just checked it. Although at that point when buying a 2nd hand car, you have no idea if the engine is faulty.

30 Jun 2022, 14:01

You have rights though. I'll list them below.

30 Jun 2022, 14:02

The secondhand car (or the terms or conditions of sale) has the clause that the secondhand car is in good condition at the time it was sold.

Therefore, the provisions of Federal Law No. 15 of 2020 on Consumer Protection (the 'UAE Consumer Protection Law') are applicable.

30 Jun 2022, 14:03

Article 12 of the UAE Consumer Protection Law:

“In the event that a malfunction is found in the product or service, the supplier shall repair or replace the same, return the product and refund its price, or reperform the service without charge, in accordance with what is specified by the implementing regulation of this law."

30 Jun 2022, 14:04

If the malfunction of the product relapses three times within one year of the sale, then the seller needs to replace the product or refund the sale amount to the consumer.

30 Jun 2022, 14:04

Article 13 of the UAE Consumer Protection Law:

“If the malfunction in the product is repeated three (3) times during the first year from the date on which the consumer receives it in a way that substantially affects the quality of the functional performance of the product, the supplier shall replace it at no cost with a new one of the same type and specifications, or recover it and refund its value to the consumer, and that according to what is specified by the Implementing Regulation of this Law.”

30 Jun 2022, 14:05

You can claim compensation in accordance with Article 24 (1) of the UAE Consumer Protection Law:

“The Consumer shall have the right to claim compensation for personal or material damages sustained by him as a result of using the product or service, in accordance with the legislation in force in the State, and any agreement to the contrary shall be null and void.”

30 Jun 2022, 14:05

Article 28 to Article 32 of the UAE Consumer Protection Law mentions the penalties and terms of imprisonment for various breaches by the seller or supplier or a service provider in the UAE.

30 Jun 2022, 14:06

If the seller refuses to comply, refund, or amicably settle, you can file a civil case in court.

30 Jun 2022, 14:07

If you need further legal assistance in he matter, please contact us via phone or email.

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