Car sale voided in Al Ain after court finds odometer was manipulated

Al Ain: The Al Ain civil, commercial and administrative court has ordered the cancellation of a car sale after ruling that the vehicle’s odometer had been deliberately tampered with, requiring the seller to refund the buyer Dh85,000 and pay a further Dh10,000 in compensation.

The case was brought by a young man who said he had purchased the car after seeing an online advertisement stating that it had travelled no more than 13,000 kilometres and was still covered by the manufacturer’s warranty.

The seller provided photographs of the mileage reading and inspection reports, and the buyer completed the purchase through bank financing before transferring ownership, according to Emarat Al Youm.

However, during a subsequent inspection at the vehicle’s authorised dealership, it emerged that the odometer had been manipulated. Official records showed the car had in fact travelled 149,000 kilometres before the reading was reduced to 13,000, a discrepancy the court later described as a “hidden and fundamental defect”.

The buyer sought the return of the purchase price, related financing costs and damages, arguing that the sale was based on false operational data amounting to fraud. The seller denied the allegations, describing the claim as malicious and insisting the buyer had inspected and driven the car, and that the financing bank had also conducted checks before approving the loan.

A court-appointed technical expert concluded that the mileage tampering constituted a material defect that could not be detected through ordinary inspection. The expert found the defect predated the sale, was irreparable, and had reduced the car’s market value by an estimated Dh25,000.

In its judgment, the court said it was satisfied that the defect was “old, hidden and substantial”, and that the contract had been concluded on the basis of inaccurate information, undermining the buyer’s consent. The court rejected the argument that inspection by the buyer or the bank negated liability, noting that such defects cannot be identified through visible examination alone.

The court also upheld the claim for damages, citing material losses linked to registration, financing and legal proceedings, as well as moral harm caused by distress and anxiety. It ruled that the seller was legally responsible for compensating the buyer.

The judgment ordered the rescission of the sales contract, the return of the vehicle to the seller, repayment of the Dh85,000 purchase price, and Dh10,000 in compensation, in addition to court fees and costs.