A car lot (komis) is a popular way of selling used vehicles in Poland. Many participants in these transactions do not fully understand the legal role of the car lot, who is responsible for what, and what rights belong to the buyer and to the person who handed the car over for sale. Knowing these rules matters – because they determine who to pursue if something goes wrong.
What a Consignment Agreement Is
Article 765 of the Civil Code defines a consignment agreement as a contract under which the consignee (komisiant) undertakes, for remuneration in the form of a commission, within the scope of its business activity, to buy or sell moveable items on behalf of the principal (komitent) but in its own name.
In practice this means:
The principal (komitent) – the vehicle owner who hands the car to the lot for sale. They remain the owner until the vehicle is sold.
The consignee (komisiant) – the car lot, which sells the vehicle in its own name but on the principal’s account. It is the consignee that is the party to the sale contract concluded with the buyer.
The buyer – acquires the vehicle from the consignee, not from the principal. There is no direct legal relationship between the buyer and the vehicle’s owner.
The Buyer’s Rights – Consumer Protection
Because a car lot is a trader, a buyer who is a consumer enjoys full consumer protection. Since 1 January 2023, purchases from a trader are governed by the Consumer Rights Act provisions on conformity of goods with the contract. The seller (the consignee) is liable for two years from delivery of the vehicle.
The buyer may demand: repair or replacement of the vehicle (as the primary remedy), a price reduction or withdrawal from the contract (where repair or replacement is impossible or the seller refuses) and compensation for losses suffered.
The car lot cannot effectively exclude liability for hidden defects through clauses such as “sold as seen” or “the buyer has inspected the technical condition.” Such provisions are without effect against a consumer.
The Consignee’s Liability for Defects
The consignee is liable for vehicle defects as the seller – regardless of whether it knew about the defect. It cannot shelter behind the fact that it was not the owner of the car and did not know its history. Where a buyer successfully withdraws from the contract, the consignee must refund the price.
The consignee then has a right of recourse against the principal – it may pursue the vehicle’s owner for amounts paid out to the buyer, where the defect arose from circumstances for which the principal is responsible.
The Principal’s Rights – the Person Who Handed the Car Over
The right to the price. After the vehicle is sold, the consignee is required to pay the principal the price obtained, less the commission and any documented costs (Article 769 of the Civil Code). Where the consignee sold the vehicle below the minimum price set by the principal without their consent, they must make up the difference from their own funds.
The right to the vehicle before sale. The principal may at any time before the contract with the buyer is concluded withdraw the instruction and demand the return of the vehicle. They may, however, be required to pay the consignee remuneration for work already carried out.
Risk of damage to the vehicle. Where the vehicle is damaged while in the care of the lot, the consignee is liable for any loss caused by its own fault or the fault of persons for whom it is responsible.
The Consignee’s Commission
The consignee’s remuneration takes the form of a commission – typically a percentage of the sale price or a fixed fee. The amount is set out in the consignment agreement between the consignee and the principal. The buyer does not pay the commission directly – it is built into the vehicle’s price.
Where the consignment agreement does not specify the commission, the consignee is entitled to the customary commission in the relevant type of transaction (Article 768 § 2 of the Civil Code).
Practical Pitfalls When Selling Through a Car Lot
For the principal (the owner): Before handing the car to the lot, it is worth setting out clearly in the agreement: the minimum sale price, the display period, the basis for calculating the commission, the settlement procedure, the procedure for returning the vehicle if it is not sold, and the scope of insurance while the vehicle is at the lot.
For the buyer: The legal relationship runs between you and the lot, not the previous owner. If you have a complaint, it goes to the consignee. As a trader, the lot bears full liability for vehicle defects under consumer protection rules.
What to Do in the Event of a Dispute
A buyer with a defective vehicle – the complaint goes to the consignee, not the previous owner. The basis is the Consumer Rights Act (purchase from a trader) – which is the standard position when buying from a car lot, since a car lot is a trader.
A principal who has not received the price – may claim payment of the price from the consignee under the consignment agreement. In the event of the consignee’s insolvency, they benefit from the protection of Article 773 of the Civil Code.
A principal against whom the consignee brings a recourse claim – where a buyer withdrew from the contract due to a defect, the consignee may turn to the principal with a recourse claim. The principal may challenge the validity of the complaint where the defect did not arise from circumstances for which they were responsible.
Contact Us
If you have a problem connected with buying a vehicle through a car lot or selling a car through a consignee, it is worth discussing the matter with 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.
