When you buy a used car, you accept a certain degree of wear. Scratches, fading, natural corrosion – these are not defects in the legal sense. But where does normal wear end and a defect for which the seller is liable begin? The Poznań Regional Court in its judgment of 21 August 2015 (case ref. XV Ca 471/15) showed how this distinction works in practice.
Three Categories of Faults
In the Poznań case, the court-appointed expert produced a precise classification of the faults identified. It was this classification that formed the basis of the court’s decision.
First category – normal wear and tear from use. The expert placed here: bodywork corrosion resulting from weather conditions and extended use, damage to driveshaft joint covers, oil leaks and excessive oil consumption. Faults of this kind do not constitute a physical defect and do not justify a complaint – they are a risk the buyer accepts when choosing a used vehicle.
Second category – defects affecting value but not preventing use. This category included: a glued boot lid trim, a welded rear seatbelt lock, filled and painted bodywork, a glued mirror housing and poorly fitting doors. These faults do give rise to the seller’s liability – but they typically justify a reduction in price rather than withdrawal from the contract.
Third category – significant defects affecting safety and usefulness. This is the most serious group: severe corrosion of load-bearing chassis components, holes in the floor, a faulty airbag and seatbelt tensioner system, a bent longitudinal member, incorrect wheel alignment and a broken passenger seat frame. These defects entitle the buyer to withdraw from the contract and claim a full refund.
How Courts Distinguish a Defect from Wear
Several criteria help courts assess which category applies.
Impact on safety. Where a fault poses a risk to road safety, it is a defect – not wear. The expert in the Poznań case was unambiguous: a vehicle in that condition should not have passed its annual technical inspection and should not have been on the road.
The cause of the damage. The critical question is whether the damage resulted from normal use or from an accident or collision. The expert established that the deformation on the right side of the vehicle had been caused by a single event – a collision, not everyday use.
The cost of repair relative to the vehicle’s value. Where repairing all the faults would cost more than the vehicle is worth, that is a strong indicator that the faults in question are significant defects rather than natural wear.
Age and mileage versus the nature of the faults. The court emphasised that a low price reflecting the vehicle’s age and mileage does not release the seller from liability for hidden accident damage. Age and mileage explain wear from use – they do not explain unsuccessfully repaired collision damage.
The Practical Takeaway
If a used car turns out to have serious faults after purchase, do not assume straight away that it is “normal for a car of that age.” Accident damage, faulty safety systems, corrosion of structural components and faults that would prevent the vehicle from passing a roadworthiness test are legal defects for which the seller is responsible.
To establish them effectively, an independent expert’s report is needed. A professional technical inspection will distinguish ordinary wear from defects that justify a price reduction or withdrawal from the contract.
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, car lot or showroom, a different regime has applied since 2023 – the rules on conformity of goods with the contract. The distinction between significant and less significant defects retains the same practical importance under that regime – significant defects entitle the buyer to withdraw from the contract, while less serious ones give rise to a right to repair or a price reduction.
Contact Us
If you are unsure whether faults found in a vehicle amount to a legal defect or simply normal wear, it is worth consulting a lawyer and discussing what steps to take.
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.
