Clauses along the lines of “the buyer declares that they have inspected the technical condition of the vehicle being purchased and will not bring any claims” appear regularly in car sale contracts. Sellers count on the buyer’s signature under such a provision closing the door to complaints. Courts, however, consistently challenge the effectiveness of such clauses.
What the Law Says
Article 556 of the Civil Code imposes on the seller liability for physical defects in the item sold. This covers hidden defects – invisible during a standard inspection – and apparent defects that were not known to the buyer. The liability is objective: the seller is liable regardless of whether they knew about the defect.
Article 558 § 1 of the Civil Code allows the parties to contractually exclude or limit warranty liability – but only where the buyer actually knew of the specific defect at the time the contract was concluded. A general declaration of having “inspected the technical condition” does not satisfy this requirement.
Where the car was purchased from a trader since 2023, the conformity of goods with the contract regime applies – under that regime, excluding a consumer’s rights is ruled out directly by statute.
The Kędzierzyn-Koźle Court Judgment
The District Court in Kędzierzyn-Koźle in its judgment (case ref. I C 947/14) expressed this unambiguously: the seller is liable even for apparent defects if they were not known to the buyer. Contractual provisions in which the buyer merely declares that they have inspected the vehicle’s technical condition are without significance.
The court emphasised the critical distinction between a general declaration of familiarity with the technical condition and knowledge of a specific, identified defect. Only the latter releases the seller from liability.
Why an Ordinary Buyer Cannot “Inspect” Hidden Defects
A person buying a used car typically has no means of carrying out comprehensive computer diagnostics, checking the vehicle on a service ramp, assessing components that require dismantling or carrying out a professional verification of safety systems. A viewing in a car lot car park will not reveal a blown cylinder head, a faulty gearbox mechatronics unit or corrosion in the load-bearing chassis structure.
Courts take this knowledge asymmetry between a professional seller and an ordinary buyer into account. A general declaration of having “inspected the technical condition” cannot substitute for actual knowledge of a specific defect.
When a Warranty Exclusion Is Legally Effective
A warranty exclusion is legally effective only where the seller explicitly informed the buyer of a specific, identified defect and the buyer – fully aware of its existence – nevertheless decided to conclude the contract. In such a case it is possible to record in the contract that the buyer accepts the vehicle’s condition knowing of defect X.
A warranty exclusion is ineffective by operation of law where the seller fraudulently concealed the defect – even if the buyer signed a clause purporting to exclude the warranty.
What to Do After Discovering a Defect
Prepare photographic documentation of the damage and obtain a workshop record or expert’s report. Then submit a complaint in writing – by recorded post with proof of delivery – stating a specific claim: repair, a price reduction or withdrawal from the contract. Do not be fobbed off with the argument about a “signed contract” – a general technical condition clause does not exclude warranty rights in relation to hidden defects.
Contact Us
If a seller is refusing a complaint by relying on a technical condition clause, 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.
