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UAE: Can a second-hand buyer sue the seller for not disclosing major accident?

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In UAE, the supplier/seller must provide the full correct details of the product he/she intends to sell. This is in accordance with Article 6 (1) (e) of Cabinet Decision No. 66 of 2023 Concerning the Executive Regulation of the Federal Law No. 15 of 2020 Concerning the Consumer Protection which provides for the Obligation of the Suppliers upon contracting.

The supplier shall provide the consumer with an invoice that proves the dealing or contracting with the supplier regarding the commodity or the service, without incurring any further burdens by the consumer. The invoice shall contain the following particulars:

  • Name, address, and contact information of the supplier
  • Date of invoice
  • Description of commodity or service
  • Unit of sale quantity of commodity or service
  • Unit of sale. quantity of commodity or number of sold units
  • Condition of the commodity, if it is used
  • Price of commodity or service, in the local currency
  • Warranty period
  • Date of delivery of commodity or provision of service
  • Serial number of commodities and the contained parts, as per the nature of each commodity or provision of service
  • Serial number of commodities and the contained parts, as per the nature of each commodity
  • Commercial registration number
  • Tax number (if any)

Furthermore, Article 8 of Cabinet Resolution No. 66 of 2023 states that advertisements or offers of goods or services are considered deceptive if they contain misleading claims that could create a false impression for consumers.
In accordance with Addendum 2 of the Cabinet Resolution No. 66 of 2023, if an individual is guilty of providing misleading advertisement of prices of the provided commodities and services provided under Article 8 of the Cabinet Resolution No. 66 of 2023, he may be fined up to Dh100,000.

Article 12 of the Federal Law No. 15 of 2020 Concerning the Consumer Protection, states: “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 re-perform the service without charge, in accordance with what is specified by the implementing regulation of this law.”

You may claim compensation for the same under the relevant provisions of the Consumer Protection Law. If you experience any issues with the vehicle, you may request the owner/seller to bear the cost of repairs of the said vehicle. If the seller disagrees, you may initially file a complaint with the Consumer Protection Department at the Department of Economic Development in the emirate where you reside, or where you had completed the purchase of said vehicle. If there is no amicable settlement, you may file a case against the seller in the court which has jurisdiction in the UAE, claiming relevant monetary compensation.