You bought a car and a defect emerged after purchase. Returning the vehicle and fighting for a full refund is not always the only option. If you want to keep the car, you can instead claim a price reduction – a partial refund reflecting the impact of the defect on the vehicle’s value. It is a right that many buyers are simply unaware of.
Contents
- What a price reduction claim involves
- When you can claim a price reduction
- When the seller can refuse
- How to calculate the amount
- How to submit your notice – form and content
- What if the seller does not respond or refuses
- A note on the legal framework
- FAQ
What a Price Reduction Claim Involves
A price reduction is one of the remedies available to a buyer who has purchased a defective vehicle. It means claiming back part of the purchase price from the seller – in proportion to the effect the defect has on the vehicle’s value. The car stays with the buyer, and the seller refunds the appropriate amount.
This remedy is particularly useful when, apart from the defect identified, you are satisfied with the vehicle and do not want to unwind the purchase. Rather than going through the process of withdrawing from the contract and returning the car, you recover part of the money and keep it.
A practical example: a client bought an Audi A4 for PLN 45,000. After purchase, it turned out that the air conditioning system was faulty – the repair cost was approximately PLN 3,500. Rather than returning the car, a notice of price reduction was submitted. The client recovered PLN 3,500 and kept the vehicle.
When You Can Claim a Price Reduction
A price reduction is available when the vehicle has a physical or legal defect.
Physical defects include mechanical damage not disclosed at the time of purchase, the absence of features or items the seller assured you were present (for example, a functioning air conditioning system or a second set of keys), the inability to use the vehicle for the purpose you told the seller about (such as towing a trailer), and the vehicle being delivered in an incomplete state.
Legal defects arise when the vehicle is encumbered by third-party rights (for example, a bank charge or lien), in fact belongs to someone else, or is subject to restrictions on use imposed by a regulatory authority.
A practical example: a client bought a BMW from a car lot. The vehicle register showed an entry classifying the car as a historic vehicle – which it was not. Because of this incorrect entry, the client was unable to drive the car into a clean transport zone. A notice of price reduction was submitted on the basis that a vehicle carrying such an entry is worth less than one that does not.
When the Seller Can Refuse
The seller can refuse a price reduction claim if they promptly and without inconvenience to the buyer replace the defective component or repair the defect. If you reported the fault and the seller fixed it at their own cost within a reasonable time, the basis for a price reduction claim falls away.
The right to a price reduction revives, however, if the seller has already repaired the same problem once and the defect has returned, or if the seller is avoiding their obligation to repair or replace.
A practical example: a client bought a Toyota with a faulty gearbox. The car lot repaired the fault, but the problem returned two weeks later. In these circumstances a notice of price reduction was submitted – even though the seller was offering a further repair.
How to Calculate the Amount
The reduced price must bear the same proportion to the contract price as the value of the defective vehicle bears to the value of the vehicle without the defect. You cannot claim an arbitrary sum.
In practice, the amount claimed should correspond to the cost of remedying the defect or the difference in market value between the vehicle in its defective state and the vehicle in full working order. The basis for the calculation can be an expert’s valuation, a repair estimate from an authorised service centre, or invoices for work already carried out.
A practical example: a client bought a car for PLN 50,000. It turned out to have a damaged gearbox, the replacement of which would cost PLN 7,000. The purchase price was reduced by that amount.
How to Submit Your Notice – Form and Content
A notice of price reduction must be submitted in writing. A verbal conversation with the seller is not sufficient – it leaves no evidence that it took place. The notice should be sent by recorded post with proof of delivery, and you should keep a copy together with the postal receipt.
The notice should include your details and those of the seller, a description of the vehicle (make, model, VIN number, date of purchase), a description of the defect, a clear statement that you are claiming a price reduction, the amount of the reduction or the new price after reduction, a deadline for the refund (typically seven to fourteen days), and your bank account number for the transfer.
Example wording: “I hereby give notice that, due to the defect consisting of a damaged gearbox, I am reducing the price of the purchased vehicle by PLN 4,000.” Alternatively: “I hereby give notice that I am reducing the sale price of the vehicle from PLN 30,000 to PLN 26,000.”
What If the Seller Does Not Respond or Refuses
If you bought the vehicle from a trader (a car lot, dealer or showroom) as a consumer and the seller does not respond to your notice within 14 days, the claim is deemed to have been accepted. Silence within that period works in the buyer’s favour.
A practical example: a client submitted a notice of price reduction of PLN 5,000 on account of a hidden engine defect in a car bought from a car lot. The lot did not respond within 14 days. When they still failed to make the refund, court proceedings were brought – and the case was won.
If the seller disputes the claim, two options are available: negotiation or court proceedings. The prospect of litigation alone frequently prompts sellers – particularly traders – to reach a settlement, since they weigh up the costs and the risk of losing.
A Note on the Legal Framework
The scope of your rights and the applicable timescales depend on who sold you the vehicle.
Purchase from a trader (car lot, dealer or showroom): since 1 January 2023, the rules on conformity of goods with the contract apply. The seller is liable for two years from the date the vehicle was handed over. The complaint must be made within a reasonable time of discovering the defect. If the seller does not respond to your claim within 14 days, it is deemed to have been accepted.
Private sale between individuals: the statutory warranty provisions of the Polish Civil Code apply. The warranty runs for one year from the date the vehicle was handed over (in contracts for used goods, the parties may shorten this period, but not to less than one year). Notice of the defect must be given within one month of discovering it.
FAQ
Can I claim a price reduction if the seller is offering to repair the defect? If the seller promptly and without inconvenience to you repairs the defect or replaces the faulty component, a price reduction claim is not available. However, if the repair has already been carried out once and the defect has returned, or if the seller is avoiding their obligations, you are entitled to claim a price reduction.
How do I work out how much to claim? The amount should reflect the cost of remedying the defect or the difference in value between the defective vehicle and one in full working order. The best basis is an expert’s valuation or a repair estimate from a service centre.
Can I submit the notice verbally? Technically yes, but in practice a written notice is the only safe option. Only a written notice provides evidence that it was submitted and what it said.
What if the seller does not reply to my letter? If the seller is a trader, failure to respond within 14 days is deemed acceptance of your claim. If they still do not refund the money, that deemed acceptance provides the basis for court proceedings.
Can I claim a price reduction if I bought the car from a private individual? Yes, but shorter timescales apply and there is no 14-day response rule. Notice of the defect must be given within one month of discovering it, and the statutory warranty runs for one year from the date the vehicle was handed over.
Contact Us
A defective car means stress and unnecessary expense. A price reduction claim is a real and often overlooked remedy that allows you to recover money without giving up the vehicle. 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.
