The law protects the consumer from “hidden defects” with several guarantees

Consumers frequently complain about discovering hidden defects in products they purchased, and they were subjected to abuse by the product owner or seller when trying to return them, especially in the case of resale products, such as used cars or electrical tools. The seller usually guarantees the buyer the quality of the product he is selling and that it is completely free of any defects. The latter discovers the opposite and then the two parties enter into a dispute over their respective rights, while Qanooni confirmed that UAE law provides legal guarantees to protect the consumer from “hidden defects.”

Consumers asked “Emirates Today” several questions about consumer rights, including: “What are the legal guarantees for both the seller and the buyer if a hidden defect is discovered in the product?” What are the limits of each of them’s commitment, its impact, and the legal duration of this commitment? Does the right to hold on to it lapse by statute of limitations?

A senior legal advisor, Wajih Amin Abdel Aziz, stated that sales contracts are the basis of daily transactions between individuals, so they are of the utmost importance in all legislation, and the legislator has surrounded them with guarantees and obligations that fall on the responsibility of their parties, to achieve a balance between the interests of the seller and the buyer in order to stabilize those transactions, including guarantees to protect… The rights of the buyer, whether the product is real estate, a car, or any other commodity, if he discovers hidden defects in it that he did not correct or notice.

Abdulaziz defined a “hidden defect” as a defect that can only be discovered by an expert and that only appears through experience, and that would detract from the value of the item sold or make it unusable. He stressed that the law requires the seller to guarantee hidden defects in accordance with specific requirements.

He pointed out that one of the most prominent of these requirements is that the defect be hidden to a degree that does not allow the buyer to discover it himself if he examines the item sold carefully and with the experience of an ordinary person. This also includes the seller’s confirmation that the item sold is free of this defect, and his intentional concealment of it because he is thus committing fraud, and his action results in him being legally deprived of Taking advantage of his cheating.

He explained that the law stipulated that the defect be old and significant, and that it lead to a decrease in the value of the item sold and that the buyer is not aware of it. If he knew about the defect despite its concealment, the seller would not be liable for it. Naturally, if an old defect appeared in the item sold, the buyer would have the choice between returning it or accepting it.

Abdulaziz added that, in accordance with the provisions of Article 545 of the UAE Civil Transactions Law, the seller is not responsible for guaranteeing a hidden defect if he clarifies it and explains its nature to the buyer at the time of sale, and if the buyer is satisfied with it after being informed of it, or if the seller stipulates in the contract that he is not responsible for every defect. Unless he deliberately hides it.