Most buyers who withdraw from a contract on account of vehicle defects focus on recovering the purchase price. That is understandable – it is usually the largest sum involved. But the law gives the buyer considerably more. The Poznań Regional Court in its judgment of 21 August 2015 (case ref. XV Ca 471/15) confirmed that the compensation a buyer is entitled to covers the full loss suffered in connection with the defective purchase – not just the price of the vehicle.
The Basic Principle – Full Compensation for the Loss
Where a buyer withdraws from a contract on account of a physical defect in a vehicle, they may claim compensation for the full loss suffered as a result of the defect’s existence. The seller’s liability is not limited to returning the purchase price – it extends to all losses the buyer incurred because they entered into the contract and acquired a defective vehicle.
Three conditions must be met: there must be a financial loss, it must arise from the vehicle’s defect, and it must be a consequence of circumstances for which the seller is responsible.
What You Can Specifically Claim
The Cost of Expert Reports and Technical Inspections
This is the most frequently overlooked item, yet one of the easiest to prove. The cost of a private technical report – an assessment of the vehicle’s condition, an emissions test, a control inspection – forms part of the recoverable loss. The Supreme Court confirmed this principle as far back as 1975 and it remains fully applicable today.
In the Poznań case, a till receipt for PLN 150 was sufficient. The court ordered its reimbursement without question. The more comprehensive the inspection and the more clearly it is connected to the discovery of the defect, the stronger the basis for claiming its cost back.
The Costs of Concluding the Contract
Where concluding the contract involved specific expenses – fees for drawing up the contract, notarial costs, administrative charges – these can be claimed back. Keep invoices and payment confirmations.
The Costs of Collecting the Vehicle
The cost of travelling to collect the car – fuel, a train or bus ticket, toll charges – forms part of the loss. This is particularly relevant where the seller and buyer were in different locations.
Transport Costs
Where the vehicle had to be towed – to a workshop, from a workshop, or back to the seller – the towing cost is recoverable. Keep the invoice from the recovery company.
Insurance Costs
The third-party liability or comprehensive insurance premium paid for a vehicle that turned out to be defective can be claimed proportionately for the period during which the buyer owned the vehicle and was paying for its insurance. If the insurer refunds part of the premium when the policy is cancelled, the buyer can claim the remainder from the seller.
Registration and Administrative Fees
Fees paid to register the vehicle, the cost of number plates, technical inspections required as part of the registration process – these are expenses incurred in connection with the purchase and are recoverable.
The Cost of Repairs Carried Out Before the More Serious Defects Came to Light
Where the buyer had repairs carried out at their own expense before the more serious defects emerged, and those repairs ultimately brought them no lasting benefit – because the vehicle was returned to the seller anyway – the cost of those repairs can be claimed. The key is demonstrating that the repair produced no enduring benefit for the buyer.
Storage Costs
Where the vehicle had to be kept in a paid garage or secured car park – for example during a dispute with the seller – the storage costs form part of the loss.
How to Pursue These Claims Effectively
Document everything as you go. Every expense connected with the vehicle – from the moment of purchase to the moment of its return – should be documented with a receipt, invoice or payment confirmation. Without proof of payment, a claim is difficult to enforce.
Show the connection to the defect. Every item in the compensation claim should be linked to the vehicle’s defect or to the need to discover and document it. Expenses unconnected to the defect are not recoverable.
Include all costs in the withdrawal notice. In the letter to the seller, it is worth stating from the outset that in addition to the return of the purchase price you are also claiming compensation – setting out each item and the amount involved.
Send a formal payment demand. If the seller does not voluntarily return either the price or the costs incurred, send a formal demand for payment with a specified deadline. This step precedes any court proceedings and is necessary in order to claim statutory interest for late payment.
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. An analogous compensation claim is provided for by Article 43d of the Consumer Rights Act – the range of recoverable costs is broadly similar, though the procedure differs in its details.
Contact Us
If you have withdrawn from a contract for a defective vehicle – or are considering doing so – and want to know what costs you can add to your claim, 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.
