Questions & Answers
How can I get a deposit refund after the seller refused to fix a faulty used car?
Dear Lawyers,
I agreed with a seller to buy a used car for which I paid a deposit, but the car failed an RTA inspection. The seller refused to fix the car and refund the money.
After going back and forth, I agreed to pay part of the cost (300 Dhs) to save my deposit. We tried to transfer the car, but the office was closed, so it wasn't done while I paid the balance amount as well.
I took the car for a drive, and it became clear that the seller was lying. The car overheated after just 15 minutes. I immediately called him and paid for recovery to take the car to a garage of his choice.
The mechanic said that either the head gasket is blown or the engine needs a replacement.
I asked for a refund, but he refused. We went to the police station, where they tried to reason with him, but he refused to listen to them as well.
The police eventually told me to file a case to claim my refund. I have proof of all the bank transfers and WhatsApp chats to back my claim.
What they told you at the police station is correct. You need to file a civil lawsuit against him.
In the lawsuit, request the court to appoint a mechanical expert to inspect the car and write a report for the judge.
Based on the report, the judge will rule on the case.
In this case, your best option would be to file a case with the relevant court in the UAE to claim your refund.
You can do this by hiring a lawyer or filing the case yourself. You will need to provide all the evidence you have, including bank transfers and WhatsApp chats, to support your claim.
The court will then review the evidence and make a decision on whether the seller should refund your money or not.
We can help you in these legal proceedings.
Please contact us via WhatsApp for further details.
Greetings,
As long as you have evidence, you can give him a legal warning and then file a lawsuit if he does not respond.
For further inquiries about your topic, you can visit our office or contact us on WhatsApp at [-----] or email at [------].
Dear Sir,
Based on the situation you've described, it appears you have a strong case for seeking a refund under UAE consumer protection laws.
Here's an overview of your potential legal options:
Legal options:
- File a complaint with the Consumer Protection Department:
Before going to court, you can file a complaint with the Consumer Protection Department of the Department of Economic Development in your emirate. They may be able to mediate and resolve the issue.
- File a case in civil court:
If mediation fails, you can file a case in the civil court. Given the value of the transaction, this would likely be in the Court of First Instance.
Potential claims:
- Breach of contract: The seller failed to provide a car in the condition agreed upon.
- Misrepresentation: The seller appears to have misled you about the car's condition.
- Violation of consumer protection laws: Selling goods not conforming to standard specifications or unfit for their intended purpose.
Evidence to present:
- Bank transfer receipts
- WhatsApp chat logs
- RTA inspection report
- Mechanic's report
- Any written agreements or contracts
- Police report (if one was filed)
Potential outcomes:
If successful, you could be entitled to:
- Full refund of the purchase price.
- Compensation for any additional costs incurred (e.g., towing, inspection fees).
- Possible fines against the seller for violating consumer protection laws.
It's important to note that while you have a strong case, legal proceedings can be time-consuming and potentially costly.
Please feel free to contact us for further assistance.
Warm Regards,
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that, in this case, your best option would be to file a case with the relevant court in the UAE to claim your refund.
You can do this by hiring a lawyer or filing the case yourself. You will need to provide all the evidence you have, including the bank transfers and WhatsApp chats, to support your claim.
The court will then review the evidence and make a decision on the case. If the court rules in your favor, the seller will be ordered to refund your money.
It is important to note that the process may take some time and you may need to attend court hearings. It is also advisable to seek legal advice to ensure that your case is strong and to guide you through the legal process.
Kindly feel free to contact us at [------] for further guidance.
Greetings,
Dear Questioner,
It sounds like you have a solid case with all the evidence you have collected. Filing a case to claim your refund seems like the next step in resolving this issue.
Make sure to gather all your evidence, including the bank transfers and WhatsApp chats, and present them to the authorities when filing the case.
It's unfortunate that the seller is not cooperating, but with the help of the police and your evidence, you should be able to claim your refund successfully.
Good luck with your case!
