IURIS successfully brought forward a latent defects claim before the First Hall of the Civil Courts on behalf of a plaintiff who had purchased a luxury vehicle in May 2016. The vehicle manifested defects, notably restricted performance, from the very first few days and the vehicle was consequently returned for tests and repairs on a number of occasions over the period of six months. Despite the fact that a number of original parts were replaced the defect was neither identified nor remedied and thus the plaintiff insisted on a full refund. The sellers defended their position by claiming that the plaintiff was not entitled to a full refund since the vehicle was covered by an extended warranty and thus the only remedy available to him was to admit the vehicle for repairs until the defect was resolved.
The plaintiff therefore brought forward a claim before the courts for the rescission of the contract of sale on the basis of latent defects in the vehicle and requested a full refund of the price he had paid for the purchase of the vehicle together with other ancillary expenses such as registration and insurance costs. The court upheld the request having been satisfied that the plaintiff had successfully proven that the vehicle was indeed defective and that the plaintiff’s case satisfied all requisites required by law and established by case-law for such a claim to be admitted.
Contributed by: Dr. Rita Mifsud – IURIS
E: rmifsud@iurismalta.com