Buying a car is a life-long investment for many. However, it is disappointing to find out a defect in it. This disappointment can easily be avoided by educating yourself about consumer rights. If there is an issue in your car and it is still under warranty, then don’t worry you can claim for a defective vehicle in the UAE.
This guide will discuss how you should deal with this situation and claim defective vehicles in the UAE.
Laws for Claiming for a Defective Vehicle in the UAE
The car warranty laws in the UAE fall under the new Consumer Protection Law (the New Consumer Protection Law of UAE) and the provision of Federal Law No. 15 of 2020. According to the law, the under-warranty car must be serviced in the dealer’s service centre.
The dealer’s warranty ensures that the defect covered by the policy will be serviced at no cost. However, if the defect cannot be repaired, then the vehicle will be replaced at no cost. This policy is only applicable if the defect occurred under warranty provided by the manufacturer or dealer.
For example, you have bought a car, and it started showing a sign of a faulty computer system. Therefore, you took a vehicle to the dealer, and they tried to repair the car but in vain. Later on, the dealer also refused to accept that it was a manufacturing fault. What should you do in this regard?
As per Article 544 of the Civil Transaction Law in the UAE, the consumer has all the rights to ask for a replacement of a car in case it has an irreparable fault. As per the obligation for repairing defective vehicles, the first thing a customer should do is to request the claim for a defective vehicle, and if they refuse, then you can file a lawsuit against the dealer.
You can also take your vehicle to the car service centres approved by ESMA (Emirates Authority for Standardisations and Metrology).
How to File a Lawsuit to Claim for Defective Vehicles
As per Article 555 of the Civil Transactions Law, you must file the lawsuit within six months from the date the car is delivered to you. The law also states that:
- The customer cannot file a lawsuit after the lapse of six months unless the vendor promised himself for a longer period.
- The vendor will not follow the given duration in case it has been proved that the defect was deliberately hidden by them.
As per Article 35, the dealer shall provide the after-sale service, which includes the supply of spare parts, and the maintenance of durable items for five years.
Article 544 of the above law states that the purchaser has the following options if an old defect appears in the sold vehicle:
- The buyer has the option to restitute a vehicle
- They can also accept it at the nominated price
However, the purchase shall not accept the lower price to retain it due to the defect.
- The defect is considered old if it exists before the sale or happened while delivering the product.
- The old defect of a product is conditioned about being occult. For instance, a defect is not revealed or can be detected by an ordinary person. You need an expert to identify the defect in your car.
Exemptions: When you Cannot for a Defective Vehicle
There are some conditions under which you cannot claim a defective vehicle. As per Article 545 of the same law:
- If a vendor reveals the defect to the purchaser upon sale.
- If a buyer accepts the defect after being informed.
- The vendor is exempted if the sale was made in a public auction under administrative authorities.
- You can’t claim for the defect in case the vendor puts a condition or doesn’t provide you with a warranty to cover for a certain defect.
Hence, based on the aforementioned law, if your vehicle’s warranty is still valid or you get it serviced from an ESMA-regulated service centre in the UAE, then your dealer must fix your car. In case your dealer refuses to service your car within a warranty period, you may file a case against a dealer and approach the Consumer Rights Department at the Ministry of Economy.
Penalties for Selling a Defective Product in the UAE
As per the Federal Law No. 15 of 2020 on Consumer Protection, suppliers who advertise misleading data on the goods, services and price or fail to provide clear information about a product and don’t replace the damaged product free of cost will face a fine of not exceeding AED two million and up to 2 years imprisonment.
With this, we conclude our guide on when and how to claim for a defective vehicle in the UAE. To make your case stronger, it is important that the buyer asks an expert to show the car defect in front of the court. Knowing your rights is important when buying a new car in the UAE. This helps you in making automobile defect claims. Here are some more things to know when buying a new car in the UAE.
Besides, if you are planning to buy a used car in the UAE, make sure you follow a checklist for buying a used car.
Stay tuned to the UAE’s leading car blog to know more about buying policies.
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