Car lots and private sellers regularly include a clause in their contracts along the lines of: “the buyer is aware of the vehicle’s technical condition and will not bring any claims on that basis.” Many buyers sign it without a second thought, assuming they are giving up their right to complain. The Poznań Regional Court in its judgment of 21 August 2015 (case ref. XV Ca 471/15) explained what such a clause actually means.
What the Court Decided
The Poznań Regional Court was unambiguous: a clause stating that the buyer is aware of the vehicle’s technical condition does not exclude the seller’s liability for hidden defects. The buyer’s claims arose not from dissatisfaction with the vehicle’s technical condition as such – but from the fact that the car did not have the properties the sellers had assured the buyer it possessed when the contract was concluded.
In other words: a general statement of awareness of the technical condition is something entirely different from knowledge of a specific hidden defect.
When the Seller Is Genuinely Released from Liability
Article 557 § 1 of the Civil Code provides that a seller is released from warranty liability only where the buyer knew of the defect at the time the contract was concluded. The court made clear that this requires specific knowledge – knowledge of a particular defect.
The condition would be met if the seller had explicitly told the buyer about existing defects and the buyer – fully aware of them – had decided to buy the faulty vehicle anyway. A general contractual clause does not satisfy this requirement.
In the case discussed, the sellers had not merely failed to disclose the defects – they had positively assured the buyer that the car was in working order and had passed its technical inspection. The court found that in those circumstances the seller could not effectively rely on any exclusion of liability.
Were You Required to Inspect the Car Before Buying?
Sellers frequently argue that since the buyer had the opportunity to look at the vehicle, any unnoticed defects are the buyer’s own problem. The Poznań Regional Court rejected this argument.
A buyer has the right to inspect a vehicle before purchase, but is not under a legal obligation to exercise particular vigilance or to carry out specialist technical examinations. The Supreme Court has confirmed on numerous occasions that an ordinary car user cannot be expected to locate and describe faults with professional precision. That is a task for an expert – not for the buyer.
The Practical Takeaway
If you signed a contract containing a clause about awareness of the vehicle’s technical condition, and serious hidden defects have since come to light, do not abandon your complaint. Such a clause does not deprive you of warranty rights in relation to defects you did not know about and could not have known about with the exercise of ordinary care.
A Note on Buying from a Trader
The judgment in case XV Ca 471/15 concerned a private sale between individuals. When buying from a dealer or car lot, a different regime has applied since 2023 – the rules on conformity of goods with the contract. Under that regime, clauses purporting to exclude a consumer’s rights are ineffective by operation of law, regardless of what the contract says.
Contact Us
If the seller is pointing to a technical condition clause as an argument against your complaint, it is worth consulting a lawyer.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
