Faulty new car sale backfires as court orders BD8,000 refund

TDT | Manama

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Selling a faulty car has landed an authorised agent and a specialist car sales centre in trouble, with an appeal court ordering them to refund the customer BD8,000 and cancel the sale.

The court ruled that the vehicle suffered from manufacturing defects that were never properly repaired, overturning an earlier judgment that had dismissed the buyer’s claim and ordered him to pay court costs.

According to the claimant’s lawyer, Abdulrahman Khalifa, the buyer repeatedly returned the car to the maintenance centre affiliated with the authorised agent after noticing persistent problems. When the issues remained unresolved, he filed an urgent case to document the vehicle’s condition, leading to the appointment of a court expert. The expert report confirmed several defects, including a foul smell when the air-conditioning was switched on and vibration noises while the engine was running, affecting the roof and the exhaust system.

Although the lower court had rejected the case, the appeal court found that the defects had not been rectified and that the car had not been delivered in a condition fit for use. It ordered the contract rescinded and the parties restored to their pre-sale position.

Under the ruling, the buyer must return the vehicle, while the authorised agent and the owner of the sales centre are jointly liable to pay BD8,000, along with court costs at both levels of litigation and BD300 in legal fees.