You bought a car and it turned out to have serious defects. What can you do? The buyer’s rights depend on who the vehicle came from – a private individual or a trader. In both cases the legal protection is real, though it differs in its details.
What a Physical Defect in a Vehicle Is
A physical defect in a vehicle arises where the car does not have the properties it should possess given its type and purpose, does not meet the agreed purpose, does not have properties the seller assured the buyer it possessed, or was handed over in an incomplete state.
The most common examples: a faulty engine or braking system, concealed accident history, odometer tampering, a non-functioning ABS or other safety system, missing equipment or documents.
Two Legal Regimes – Depending on Who the Seller Is
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 two years from the date of delivery. Where a non-conformity becomes apparent within one year of delivery, it is presumed to have existed at the time of purchase.
Purchase from a private individual – Civil Code statutory warranty The seller is liable where the defect is identified within two years of the vehicle being handed over. From the date the defect is identified, the buyer has one year to pursue their claim (Article 568 § 2 of the Civil Code).
In both cases: where the seller fraudulently concealed the defect, the expiry of the relevant deadlines does not deprive the buyer of their rights.
What Rights the Buyer Has
Repair or replacement – the primary remedy when buying from a trader. The seller must carry it out within a reasonable time and without significant inconvenience. When buying from a private individual, the buyer may also demand repair or replacement as a first step.
A price reduction – available where repair or replacement is impossible, disproportionately costly or the seller refuses. The reduction should be proportionate to the degree of the defect.
Withdrawal from the contract – where the defect is significant, the buyer may withdraw from the contract and claim a full refund. When buying from a trader, withdrawal is available where the seller refused to bring the goods into conformity or where the non-conformity is serious enough to justify immediate withdrawal.
Compensation – beyond the price, the buyer may claim reimbursement of expert report costs, towing, replacement vehicle hire and other expenses incurred in connection with the defect.
When the Seller Can Refuse to Carry Out a Repair
Refusal is permissible where repair is technically impossible, where the cost of repair would be disproportionately high relative to the vehicle’s value, or where the defect is minor (only in the context of a withdrawal demand).
Refusal is not permissible where the vehicle has already been repaired for the same defect and the repair proved ineffective, or where carrying out the repair would cause excessive inconvenience to the buyer.
How to Act After Discovering a Defect
Report the defect without delay – verbally or in person, then confirm in writing by recorded post with proof of delivery. Document the defect with photographs and a workshop record. Commission a report from an independent expert – not a workshop suggested by the seller. State a specific claim: repair, replacement, a price reduction or withdrawal from the contract. Keep all documentation – the advertisement, the contract, all correspondence with the seller.
Do not sign any waiver of claims or settlement agreement without consulting a lawyer.
Contact Us
If you have bought a defective vehicle and need help pursuing your claims effectively, 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.
