A legal defect is a particular kind of problem when buying a car. The vehicle may be in perfect technical condition and look faultless – yet it cannot be legally used, registered or insured. Below is a list of twelve of the most common legal defects encountered in practice.
What a Legal Defect Is
A legal defect in a vehicle arises where the buyer does not obtain full rights in the item purchased. Article 556¹ of the Civil Code defines a legal defect as a situation where the item sold is the property of a third party, is encumbered by the right of a third party, or where restrictions on use or disposal follow from a decision or ruling of a competent authority.
The seller is liable for a legal defect regardless of whether they knew about it.
12 of the Most Common Legal Defects in Vehicles
1. A stolen vehicle. A stolen car remains the property of the person it was stolen from – regardless of how many subsequent transactions have taken place. The police can seize it as material evidence at any time and return it to the owner. The buyer loses the vehicle and must pursue the return of the purchase price from the seller.
2. A registered charge in favour of a bank. The car secures a loan taken out by the previous owner. If the loan is not repaid, the bank has the right to satisfy its claims from the vehicle – regardless of who currently possesses it. The status of a registered charge can be checked in the Pledge Register maintained by the Minister of Justice.
3. A fiscal charge. A vehicle may be encumbered with a fiscal charge for unpaid taxes owed by a previous owner. The tax creditor has the right to be satisfied from the seized asset.
4. Enforcement proceedings by a bailiff. A vehicle subject to enforcement proceedings may be seized by a bailiff even after a change of ownership, where the seizure occurred before the sale or where the transaction was intended to prejudice a creditor.
5. A vehicle subject to a lease agreement. A car given under a lease remains the property of the leasing company. The sale of the vehicle by the lessee without the lessor’s consent is ineffective as against the owner – the leasing company can demand return of the vehicle.
6. Transfer of ownership as security. A vehicle transferred as security for a loan (for example to a non-bank lender) became the creditor’s property at the moment the agreement was concluded. The debtor selling such a car is selling someone else’s property.
7. Altered or illegible VIN numbers. Interference with the vehicle’s identification numbers most commonly indicates theft or the assembly of a vehicle from parts of several crashed cars. Detection of this defect by the police leads to seizure of the vehicle.
8. A deregistered or scrapped vehicle. A car officially deregistered or recorded in documents as scrapped cannot be driven on Polish roads without re-registration, which may prove impossible.
9. Unpaid excise duty on an imported vehicle. For vehicles brought in from abroad, the absence of proof of excise duty payment prevents registration in Poland. The buyer may be left with a car they cannot register.
10. An unlicensed LPG installation. A gas installation not entered in the vehicle registration document is an illegal modification. Its detection results in the registration document being seized and the need for legalisation – which is often costly or impossible.
11. No valid roadworthiness certificate. A vehicle without a valid technical inspection certificate cannot legally be driven on public roads. Selling it without disclosing this is a legal defect affecting the ability to use the vehicle.
12. Document inconsistencies. Discrepancies between the vehicle registration document and the vehicle card, between VIN numbers on different body components, or in the CEPiK history may indicate an attempt to conceal the vehicle’s true history or criminal provenance.
How to Check a Vehicle Before Buying
The basic steps are: verification in the Central Register of Vehicles and Drivers (historiapojazdu.gov.pl), checking the Pledge Register, checking fiscal pledge registers, checking stolen vehicle databases, and a thorough verification of the seller’s identity and their legal title to the vehicle.
It is also worth checking the VIN numbers on various body components and comparing them with the documents – any discrepancy is a warning sign.
The Buyer’s Rights and Deadlines
Where the car was purchased from a private individual, the buyer may withdraw from the contract and claim a full refund, claim a price reduction, or – where remedying the defect is possible – demand that it be remedied. Claims under the warranty for legal defects become time-barred one year from the date the buyer became aware of the defect’s existence (Article 568 § 2 of the Civil Code).
Where the car was purchased from a trader since 2023, the conformity of goods with the contract regime applies – the scope of the buyer’s rights is broadly similar, and the seller is liable for two years from the date of delivery.
Contact Us
If you have discovered a legal defect in a vehicle you have bought, or want to verify the legal status of a vehicle before purchase, it is worth consulting 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.
