You bought a used car, discovered a serious fault a week later and called the seller straight away. Is that enough? Should you have sent a recorded letter? And if you did not, have you lost your right to make a complaint?
The Poznań Regional Court in its judgment of 21 August 2015 (case ref. XV Ca 471/15) gave clear answers to these questions.
The One-Month Deadline – the Key to Keeping Your Rights
In a private sale between individuals, a buyer loses their warranty rights if they fail to notify the seller of a defect within one month of discovering it. This condition is absolute – missing it closes the door to a complaint.
In the Poznań case, the buyer notified the sellers by telephone within a week of the purchase, as soon as the defects came to light. The court found that the one-month deadline had been met and that the buyer had not lost their warranty rights.
A Phone Call Is Enough – But You Have to Be Able to Prove It
The law does not require written notification. The Poznań Regional Court confirmed that a telephone notification is fully effective – subject to one condition: it must be possible to prove that it took place.
A recorded letter has one practical advantage: the one-month deadline is met at the moment of posting, not when the letter reaches the seller. With a telephone or verbal notification, the legal effect arises only when the seller actually has the opportunity to read or hear the content.
The law does not require a recorded letter – but experience shows that in a dispute, it is proof of notification that often determines the outcome.
How to Protect Yourself in Practice
If you call the seller about a defect, note down the date and time of the call and what was said. If someone else is present during the conversation, so much the better. Immediately after the call, you can also send a text message or email confirming what was discussed: “As we spoke today by telephone, I am writing to notify you of the defect I have discovered…” – such a message provides evidence both of the content of the notification and of the date it was given.
The most secure approach is to combine both: a brief telephone notification as soon as the defect is discovered, followed by written confirmation by recorded post with proof of delivery. The letter should describe the defect precisely and state clearly what you are demanding – repair, a price reduction or withdrawal from the contract.
What to Include in the Notification
A defect notification does not need to be written in legal language. It is sufficient to state when you purchased the vehicle, what exactly is wrong with it and what you expect the seller to do. The more precise the description of the defect, the better – particularly if the matter ends up in court.
Keep a copy of the letter and the postal receipt. These are your evidence that you acted within the deadline and with specific claims.
A Note on Buying from a Trader
The judgment discussed concerned a private sale between individuals, where the statutory warranty provisions of the Civil Code apply – including the one-month notification deadline.
If you bought the car from a dealer, car lot or showroom, a different regime has applied since 2023 – the rules on conformity of goods with the contract. There is no fixed one-month deadline under this regime – the complaint must be made within a reasonable time of discovering the defect. Even so, it is worth acting quickly and in writing: the sooner and more clearly you report the defect, the stronger your position in any subsequent dispute.
Contact Us
If you have discovered a defect in a vehicle and are not sure whether you have met the relevant deadlines and formal requirements, it is worth consulting a lawyer before taking any further steps.
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.
