Sellers of used cars frequently dismiss complaints with the argument: “a month has passed – there is nothing we can do.” In most cases this is simply untrue. The deadlines that actually apply depend on who you bought the vehicle from – and they are considerably more favourable to buyers than many sellers suggest.
Two Different Regimes – Two Different Sets of Deadlines
Purchase from a trader (dealer, car lot, showroom) – since 1 January 2023
The provisions of the Consumer Rights Act on conformity of goods with the contract apply. The seller is liable for a non-conformity existing at the time of delivery for two years from that date. There is no one-month notification deadline. Where a non-conformity becomes apparent within one year of delivery, it is presumed to have existed at the time of purchase – the burden of rebutting that presumption lies with the seller.
Purchase from a private individual – Civil Code statutory warranty
The seller is liable under the statutory warranty where a physical defect is identified within two years of the date the vehicle was handed over to the buyer (Article 568 § 1 of the Civil Code).
From the date the defect is identified, the buyer has one year to pursue their claim – the claim for repair or replacement becomes time-barred one year from the date the defect was identified (Article 568 § 2 of the Civil Code). Within the same period, the buyer may submit a notice of withdrawal from the contract or a claim for a price reduction (Article 568 § 3 of the Civil Code).
Where the buyer is a consumer, the one-year limitation period cannot expire before the two-year period from delivery has elapsed – meaning a consumer who identifies a defect shortly before the two-year mark retains a full year to pursue their claim.
The one-month notification deadline does not apply to consumers. Article 563 of the Civil Code in its current form applies exclusively to sales between traders (B2B). Sellers who invoke a one-month deadline against a consumer buying from a private individual are misleading them.
When Deadlines Do Not Protect the Seller
The expiry of the deadlines does not exclude the buyer’s rights where the seller fraudulently concealed the defect (Article 568 § 6 of the Civil Code).
Fraudulent concealment requires more than mere silence about a defect – it requires active steps: masking engine fault symptoms with additives before a test drive, taping over warning lights, temporary repairs to leaks designed to last only until the sale, freshly painting areas of corrosion. Where the buyer demonstrates fraudulent concealment, they may pursue their claims even after the two-year period from delivery has elapsed.
How the Deadlines Work in Practice – Examples
Example 1. You buy a used car from a private individual. Eighteen months later you identify a serious engine defect. The defect was identified before the two-year period elapsed – the seller is liable under the statutory warranty. From the date the defect was identified you have one year to pursue your claim. You are within the deadline.
Example 2. You buy a vehicle from a dealer in 2024. Twenty-two months later a gearbox fault emerges. The seller is liable for two years from delivery – you are within the deadline. You report the defect promptly. You do not need to prove that the defect existed at the time of purchase, because it emerged before one year had elapsed from delivery – it is presumed to have existed from the outset.
Example 3. The seller says: “a month has passed since you bought it – the complaint is out of time.” If you bought from a private individual, the one-month deadline does not apply. If you bought from a trader, it does not apply either, because the conformity of goods regime contains no such deadline. In both cases the seller’s argument is without foundation.
Practical Points
Act quickly after discovering a defect. The absence of a one-month deadline does not mean there is no reason to act promptly. The sooner a complaint is made, the stronger the evidential position – particularly in demonstrating that the defect existed at the time of sale.
Submit the complaint in writing. Recorded post with proof of delivery documents the date of submission and the content of the claim. This is critical in the event of a dispute.
Commission a report from an independent expert. A professional technical opinion is the primary evidence of the defect’s existence and nature. Its cost can subsequently be claimed from the seller.
Do not be fobbed off. Where a seller argues that “a month has passed and there is nothing we can do,” that argument is without legal foundation against a consumer – regardless of whether the purchase was from a private individual or a trader.
Contact Us
If a seller is refusing a complaint on the grounds that a deadline has passed, it is worth checking with a lawyer whether that refusal has any legal basis.
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.
