Buying a used car and wondering how thoroughly you need to inspect it before signing? It is an important question – not just practically, but legally, because the answer affects whether you keep your full right to make a claim if defects emerge after purchase.
A judgment of the Poznań Regional Court of 20 May 2014 (case ref. XV Ca 330/14) gives a clear answer.
Contents
- How much care does the law expect from a buyer
- What a standard inspection can reasonably reveal
- What stays hidden – and why it matters
- The seller’s assurances and their effect on your duty to inspect
- How to spot signs of accident repairs
- Practical tips before you buy
- FAQ
How Much Care Does the Law Expect from a Buyer
Many buyers assume that if they did not inspect the car thoroughly enough, they will lose their right to make a claim. The Poznań Regional Court ruled clearly otherwise: a buyer has the right to inspect the vehicle before purchase, but is not under a legal obligation to be particularly vigilant or to carry out specialist technical tests – unless this is standard practice in the circumstances.
In other words: you do not need to be a mechanic or commission advanced technical diagnostics in order to preserve your legal rights. Exercising reasonable care appropriate to the circumstances of the purchase is enough.
The court also noted an inconsistency in the seller’s position in that case. The seller criticised the buyer for failing to inspect the car with sufficient care – yet the seller himself admitted that when he bought the same vehicle, he had not looked at it closely, because he was “not an expert in mechanics or bodywork” and it “was simply not something that interested him.” The court made clear that arguments of this kind carry no legal weight.
What a Standard Inspection Can Reasonably Reveal
The court found that the buyer and her partner had carried out a standard visual inspection and a short test drive. The court treated this as adequate exercise of reasonable care – even though the defects went undetected.
A typical inspection covers the condition of the bodywork (rust, dents, differences in paint shade), the engine running at idle, the basic functions of the vehicle, and a brief test drive. This is the standard the law expects of a buyer.
What Stays Hidden – and Why It Matters
The court emphasised that the hidden defects in that case could not have been detected without placing the vehicle on a lift and inspecting it from underneath, even with the exercise of ordinary care. The mechanic who gave evidence explained that an inspection on a lift was necessary because the model in question has a covered top section.
Defects that cannot be detected during a standard inspection include poorly executed accident repairs that require examination from below, damage to the chassis and suspension, worn injectors and turbocharger, engine oil in the intake system, and a faulty airbag system (SRS).
This has a direct legal consequence: even if a defect could theoretically have been found with a more thorough examination – if the buyer genuinely did not know about it and had no reason to suspect it, the seller cannot escape liability by pointing to a lack of diligence on the buyer’s part.
The Seller’s Assurances and Their Effect on Your Duty to Inspect
What the seller tells you before you sign matters enormously. In the case under discussion, the sellers assured the buyer that the car had never been in an accident and had never given any trouble. The SRS warning light was on at the time of purchase, but the seller explained that this was a result of a recent battery replacement and that the light would go out after driving 100 kilometres.
The court was unambiguous: that assurance did not release the seller from liability. The buyer was entitled to rely on it. Furthermore, under Polish civil law, a seller cannot rely on the fact that a defect could have been noticed by a reasonably careful buyer if the buyer did not in fact know about it.
The practical takeaway: if the seller makes assurances – ask for them explicitly and make sure they are either written into the contract or that you have some other evidence of them. A text message, an email, a note made at the time – any form of record is better than nothing.
How to Spot Signs of Accident Repairs
In the case discussed, the expert identified a number of signs pointing to earlier accident repairs: uneven paint thickness on the bonnet and front wings, evidence of repair work to the headlight bracket, welds on the front longitudinal member, and replacement headlights with markings indicating they had been sourced from a dealer in used parts.
The problem is that many of these signs only became apparent on detailed, expert inspection. An ordinary buyer – even acting in good faith – cannot assess these things independently without lifting the vehicle and having the relevant technical knowledge.
It is worth knowing that uneven gaps between body panels, differences in paint shade across different parts of the vehicle, or traces of filler near lamp housings are signals visible to the naked eye – and should prompt you to ask the seller direct questions or commission a report from an automotive expert.
Practical Tips Before You Buy
Carry out a basic visual inspection. Check whether the gaps between body panels are even, whether the paint is consistent across the whole vehicle, and whether there are any traces of filler or primer near the edges of doors, bumpers or the bonnet.
Bring a mechanic or commission an expert assessment. The cost of a pre-purchase technical inspection is a few hundred zlotys – far less than the cost of repairing a defective car you have already bought.
Insist on inspection from underneath. As the Poznań judgment shows, many accident-related defects are only visible from below.
Run a diagnostic scan. Particularly in newer vehicles, this can reveal stored error codes, including problems with the SRS system and other safety components.
Ask for the service history. A record of repairs and servicing can reveal a great deal about the actual condition of the vehicle.
Keep evidence of the seller’s assurances. If the seller claims the car has never been in an accident, has been regularly serviced, or is in full working order – make sure this is in the contract, or that you have some other record of it.
Check the vehicle history. VIN-based vehicle history reports can reveal previous accidents, repairs or changes of ownership.
A Note on the Legal Framework
The judgment in case XV Ca 330/14 concerned a private sale between individuals. In such cases, the statutory warranty provisions of the Polish Civil Code apply.
If you are buying from a trader – a dealer, car lot or showroom – a different set of rules has applied since 1 January 2023: the provisions on conformity of goods with the contract, introduced as part of the implementation of the EU Goods Directive. The level of protection is broadly similar, but the timescales and procedure for making a claim may differ. If in doubt, it is worth discussing your specific situation with a lawyer.
FAQ
Do I have to have the car inspected by a mechanic before buying in order to keep my right to make a claim? No. The law does not impose a duty on the buyer to carry out a detailed technical examination. Exercising reasonable care appropriate to the circumstances – a standard visual inspection and a test drive – is sufficient. If the defect was hidden and could not have been detected without specialist equipment, your right to make a claim remains intact.
What should I do if the seller told me verbally that the car had never been in an accident, but it turns out it has? You have grounds for a claim. If you have any evidence of that assurance – a message, an email, a witness – you are in a strong position. Without evidence it is harder, but not hopeless. It is worth consulting a lawyer.
The SRS warning light was on when I bought the car. Have I lost my right to make a claim? Not necessarily. As the Poznań judgment shows, if the seller provided an explanation for the warning light that gave the buyer reasonable grounds to trust it, the seller’s liability does not automatically fall away. The buyer would need to have known about the defect in its true nature in order to lose their right to make a claim.
Is it worth commissioning an expert assessment before buying a used car? Yes, particularly for higher-value vehicles or where anything raises doubts. A few hundred zlotys spent on an expert report can protect you from purchasing a car worth far less than the asking price.
Contact Us
If you have bought a vehicle with a defect that the seller did not disclose, or if you have questions about your rights following the purchase of a used car, it is worth discussing your situation with 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.
