One of the most common arguments from used car sellers goes like this: “The car has a valid technical inspection certificate, so it’s in perfect working order.” It sounds convincing. But the Poznań Regional Court in its judgment of 21 August 2015 (case ref. XV Ca 471/15) made clear that a passing MOT result does not release the seller from liability for vehicle defects.
What the Court Decided
In the Poznań case, the sellers argued that since the car had undergone a periodic technical inspection before the sale and been cleared for the road, they could not have known about any defects – and should not be held responsible for them.
The court rejected this argument. The court-appointed expert found that the inspection carried out before the sale had not been comprehensive and had failed to reveal the vehicle’s actual defects. The expert went further: in his view, a vehicle in that condition should not have passed an annual technical inspection at all and should not have been on the road.
The court reiterated that a seller’s liability for defects is absolute – it attaches regardless of whether the seller knew about the defects, caused them or could have discovered them. The existence of a valid technical inspection certificate is irrelevant.
Why an MOT Can Miss Defects
A routine technical inspection has a limited scope. It is not a detailed assessment of the vehicle’s condition – it checks selected safety parameters but does not examine every component.
In the Poznań case, the expert identified a series of serious defects that the inspection had not revealed: significant corrosion of structural chassis components, holes in the floor, a cracked lateral reinforcement frame, missing airbags and seatbelt tensioners, a bent longitudinal member, and a broken passenger seat frame.
Some defects can also be temporarily concealed before an inspection. In this particular case, the vehicle showed fresh signs of amateur repairs – including a wing mirror attached with adhesive tape – suggesting that repairs had been made purely for the purposes of the sale.
An Expert’s Report Carries More Weight Than an MOT Certificate
When a dispute arises between a buyer and seller about the vehicle’s condition, the opinion of a court-appointed expert or independent automotive specialist is the key piece of evidence. It carries significantly greater evidential weight than a certificate from a vehicle inspection station.
In the Poznań case, it was the expert’s report that determined the outcome – the court relied on it to find that the vehicle had serious defects affecting its safety and usefulness, defects that the technical inspection had failed to reveal.
What This Means for You as a Buyer
If you bought a used car and serious defects have emerged after purchase, the seller’s argument that “it passed its MOT” changes nothing. The seller is liable for defects regardless of whether the vehicle held a valid inspection certificate.
The key is to act quickly: commission a report from an independent automotive expert, document the defects and submit a formal complaint. The expert’s report is the foundation both for negotiations with the seller and for any subsequent court proceedings.
Before buying, it is also worth commissioning your own inspection – regardless of whether the vehicle has a valid MOT. The cost of a pre-purchase report is a few hundred zlotys. The cost of discovering serious defects after the purchase can be many times higher.
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 principle is the same: a valid technical inspection certificate does not release the seller from liability. The scope of the buyer’s protection is broadly comparable, though the procedure and timescales differ in their details.
Contact Us
If you bought a vehicle with defects and the seller is pointing to a valid MOT as an argument against your complaint, 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.
