UAE legal instructions clarify the necessary guarantees to protect against hidden defects in goods

rawda samy - | UAE

uae law protects the conHours ago, UAE legal instructions were issued clarifying the important guarantees to protect against hidden defects in goods and specifying the requirements for the seller to be involved in the process of commercial “fraud”.sumer from “hidden defects” with several guarantees

Legal guidelines issued by the UAE clarify crucial safeguards for the protection of consumers against latent flaws in products.

A few hours ago, the United Arab Emirates (UAE) released legal instructions that provided clarification on the essential assurances that protect against concealed flaws in goods and specified the elements that must be met for the seller to be involved in the process of commercial "fraud."

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

Consumers in the United Arab Emirates are shielded from "hidden defects" by the legislation, which provides many protections, A number of queries regarding consumer rights were posed by customers, one of which was, "What are the legal guarantees for both the seller and the buyer if a hidden defect is discovered in the product?" What are the boundaries of each one of their commitments, the scope of their effects, and the length of their obligations under the law? Is there a time limit on how long I can keep it, and if so, when does that right expire? A senior legal advisor by the name of Wajih Amin Abdulaziz stated that sales contracts are the basis of daily transactions between individuals; consequently, they are of the utmost importance in all legislation. Because of this, the legislator has surrounded sales contracts with guarantees and obligations that fall on the responsibility of their parties, in order to achieve a balance between the interests of the seller and the buyer. In order to make these transactions more reliable, it is important to provide guarantees that safeguard the rights of the purchaser in the event that the product, whether it be a piece of real estate, a vehicle, or some other commodity, turns out to have latent flaws that the buyer was either unaware of or unable to remedy. The term "hidden defect" was first coined by Abdulaziz, who defined it as a flaw that could only be uncovered by an experienced professional. Experimentally, this would reduce the value of the item that was sold or render it unusable, highlighting the fact that the law compels the seller to guarantee that the item is free from concealed flaws in compliance with certain conditions.

Requirements for the seller to be involved in commercial “fraud”.

Conditions that must be met by the seller in order for there to be "fraud" in business transactions, He drew attention to the fact that one of the most important of these conditions is that the flaw must be concealed to such a degree that the purchaser will not be able to identify it on his own even after conducting a thorough inspection of the product that is being sold while employing the common sense and common experience of a typical person. This also includes the seller's affirmation that the object being sold is free of the fault in question, as well as the seller's willful concealment of the flaw, despite the fact that the seller is committing fraud as a direct result of his actions, which leads in the seller being legally deprived of the benefit of their fraudulent activity. He said that the law says that the flaw must be old and effective, that it led to a fall in the value of the item sold, and that the buyer was not aware of it. In addition, the law requires that the defect must have led to a decrease in the value of the item sold. In the event that he was aware of the flaw notwithstanding the fact that it was concealed, the seller would not be responsible for it. Naturally, if a previously unknown flaw is discovered in the item that was sold, the purchaser will be given the option to either return the item or request a refund. He agreed to it, and Abdulaziz added that, according to 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; alternatively, if the seller stipulates in the contract that he will not be responsible for it. In either case, the buyer is not entitled to a refund. Every single one, unless he is actively trying to conceal them.

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