Hidden Defects in a Car – What Rights the Buyer Has and How to Pursue a Claim
Buying a car with a hidden defect is one of the more painful problems drivers bring to a law firm. The seller assured you the car had never been in an accident – and several months later it turns out it was involved in a serious collision. The odometer showed 80,000 km, and an expert finds the actual mileage is twice that. The law gives buyers concrete tools – but using them effectively requires knowledge of the applicable rules and proper documentation.
Contents
- What a hidden defect in a car is
- Purchase from a trader – the conformity of goods with the contract regime
- Purchase from a private individual – the statutory warranty under the Civil Code
- Additional claims based on mistake or fraud
- How to spot a car with a hidden defect – before you buy
- What to do after discovering a defect – the order of steps
- How a lawyer can help in a hidden defect case
- Practical examples from our caseload
- FAQ
What a Hidden Defect in a Car Is
A hidden defect is a flaw that existed at the time of purchase but could not be detected during a standard inspection and test drive. It may relate to the vehicle’s technical condition, its history or its legal status.
The most common physical defects include: concealed accident history, odometer tampering, hidden engine or gearbox damage, corrosion of structural body components covered with filler and paint, undisclosed fluid leaks and modifications that reduce the vehicle’s value or safety. Legal defects include concealment of the fact that the vehicle is subject to a credit charge or lease, unresolved financial obligations, and problems with the vehicle’s legitimate provenance.
Purchase from a Trader – The Conformity of Goods with the Contract Regime
Where a car was purchased from a trader – a dealer, car lot or showroom – and the buyer is a consumer, the provisions of the Consumer Rights Act on conformity of goods with the contract (Articles 43a–43g) apply. These provisions have been in force in their current form since 1 January 2023. This is no longer the statutory warranty of the Civil Code but a separate consumer protection regime.
Goods are not in conformity with the contract where they do not correspond to the description, type, quantity or quality agreed by the parties, are not fit for the purposes for which goods of that type are ordinarily used, or do not possess the properties the seller assured the consumer they had. Undisclosed accident damage, odometer tampering and concealed mechanical faults are precisely such non-conformities.
The consumer’s available remedies are as follows. In the first instance, they may demand repair or replacement of the goods – the seller is required to carry this out within a reasonable time and without significant inconvenience to the consumer. If repair or replacement is impossible, disproportionately costly or the seller has refused to carry it out, the consumer may demand a reduction in price or withdraw from the contract – the latter being available where the non-conformity is significant.
The seller is liable for a non-conformity that existed at the time the goods were delivered and becomes apparent within two years of that date. If the non-conformity becomes apparent within one year of delivery, it is presumed to have existed at the time of delivery – the burden of rebutting this presumption lies with the seller. The consumer should notify the seller of the non-conformity promptly upon discovering it.
The consumer’s rights in respect of non-conformity of goods with the contract cannot be excluded or limited by the seller – contractual provisions excluding or limiting these rights are ineffective.
Purchase from a Private Individual – The Statutory Warranty Under the Civil Code
Where a car was purchased from a private individual who is not a trader, the statutory warranty provisions of the Civil Code apply (Articles 556 and following). The buyer may demand repair of the defect, replacement of the item with one free from defects, a reduction in the price, or – if the defect is significant – withdrawal from the contract.
The seller is liable for physical and legal defects for one year from the date the item was handed over to the buyer. If a defect becomes apparent within one year of delivery, it is presumed to have existed at the time of sale.
The parties may in the contract exclude or limit warranty liability. Such an exclusion is, however, ineffective if the seller fraudulently concealed the defect – in such a case, contractual provisions limiting the warranty do not protect the seller. In practice, buyers frequently sign statements about purchasing “in the condition described in the advertisement” or waiving the warranty, without realising that such an exclusion will not operate where the seller knew about the defect and deliberately failed to disclose it.
Additional Claims Based on Mistake or Fraud
Independently of rights under the conformity of goods with the contract regime or the statutory warranty, where the seller deliberately misled the buyer or engaged in fraud – for example by tampering with the odometer, falsifying service records or concealing knowledge of a serious accident – the buyer may avoid the legal consequences of a declaration of intent made under a mistake or as a result of fraud (Articles 84–86 of the Civil Code) and may also pursue additional compensation on general principles.
Proving fraud is harder than demonstrating the defect itself, because it requires showing that the seller knew about the defect and deliberately concealed it. This typically requires technical expert reports, analysis of the vehicle’s historical documentation and frequently the opinion of a court-appointed expert.
How to Spot a Car with a Hidden Defect – Before You Buy
Prevention is cheaper than pursuing claims after the event. Before purchase it is worth checking the vehicle’s history by VIN number through available databases – domestic and foreign – verifying the service history at the manufacturer’s authorised service centre and commissioning an inspection by an independent automotive expert. A professional pre-purchase report can reveal defects invisible to the naked eye and is considerably cheaper than subsequent court proceedings.
What to Do After Discovering a Defect – The Order of Steps
After discovering a defect, the first priority is to document it – photographs, video footage, invoices for expert reports and any emergency repairs. Self-repairs should not be carried out without the seller’s knowledge, as this can make it harder to demonstrate the nature and extent of the defect later.
The complaint should be reported to the seller promptly and in writing – preferably by recorded post with proof of delivery. Written form documents the date of notification and the content of the claim. At the same time, it is worth commissioning a report from an independent automotive expert to confirm the existence and nature of the defect.
If the seller refuses to accept the complaint or fails to respond within a reasonable time, the next step is a formal demand for payment or performance of the requested remedy, and then – if the refusal continues – referring the matter to court.
How a Lawyer Can Help in a Hidden Defect Case
Hidden defect cases require a combination of legal knowledge and technical assessment – a legal analysis alone, without an expert’s report, is rarely sufficient to pursue claims effectively.
The firm analyses the purchase contract and the circumstances of the purchase, assesses the legal basis for the claims, helps to organise a technical report, drafts complaints and formal demands and conducts negotiations with the seller. Where an out-of-court resolution is not possible, it prepares the claim, represents the client at hearings and applies for the appointment of a court expert.
Early legal intervention increases the chances of resolving the matter before court proceedings become necessary – which is beneficial both in terms of time and cost.
Practical Examples from Our Caseload
A client purchased a three-year-old premium car from an authorised dealer. After several months of use, bodywork geometry problems appeared. An expert report showed that the vehicle had been involved in a serious accident and that the repair had been carried out unprofessionally. The firm submitted a notice of withdrawal from the contract on grounds of non-conformity of goods with the contract. When the dealer refused, a claim was filed and an expert appointed, who confirmed the vehicle’s condition. The court upheld the claim and ordered a full refund of the purchase price together with interest and costs.
A client purchased a one-year-old car with a recorded mileage of 35,000 km from a private seller. After driving approximately 5,000 km, the engine suffered a serious failure. A mechanic found that the cause was a faulty timing chain, and the evidence indicated that the problem had existed at the time of purchase. The firm drafted a complaint demanding repair at the seller’s expense. When the seller refused, a technical expert report was commissioned and a claim for a price reduction prepared. During the proceedings, the seller agreed to a settlement, covering the cost of the repair and paying compensation for the period during which the vehicle was out of use.
FAQ
Within what period must I report a defect in a car? A defect should be reported promptly upon discovery. When buying from a trader, the seller is liable for non-conformity with the contract for two years from delivery of the vehicle. When buying from a private individual, the warranty period is one year from delivery. The sooner the complaint is submitted, the easier it is to demonstrate that the defect existed at the time of purchase.
Can I withdraw from the contract if the car has a defect? Yes, but when buying from a trader, withdrawal is only available once the seller has refused repair or replacement, or where the non-conformity is significant. When buying from a private individual, withdrawal is available where the defect is significant. For minor defects, the buyer’s primary remedies are a demand for repair or a reduction in price.
Does a warranty exclusion clause in the contract protect the seller? When buying from a trader – no. The consumer’s rights in respect of non-conformity of goods with the contract cannot be excluded or limited by the seller. When buying from a private individual, a warranty exclusion is permissible but is ineffective if the seller fraudulently concealed the defect.
Is it worth commissioning an expert report before buying a car? Absolutely. A professional pre-purchase report can reveal many hidden defects and is considerably cheaper than subsequent court proceedings. For a more expensive vehicle, the cost of a report is a fraction of the potential losses from buying a defective car.
Contact Us
A hidden defect case requires prompt action – both because of the deadlines for reporting complaints and the need to preserve evidence before any repair of the vehicle is carried out.
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.