Warranty and Guarantee on a Car – What the Buyer Is Entitled To and How to Enforce It
When buying a car – whether new or used – the buyer benefits from two parallel forms of protection: statutory protection under the rules on conformity of goods with the contract or the statutory warranty, depending on who the seller is, and the voluntary manufacturer’s or seller’s guarantee. Knowing the difference between these instruments and how to apply them in practice can determine whether a buyer enforces their rights effectively or abandons them without realising what they were entitled to.
Contents
- Statutory protection versus a guarantee – the fundamental difference
- Purchase from a trader – the conformity of goods with the contract regime
- Purchase from a private individual – the statutory warranty under the Civil Code
- A guarantee – what it is and how it works
- Servicing outside an authorised dealer and the guarantee
- How to make an effective complaint
- A practical example from our caseload
- FAQ
Statutory Protection Versus a Guarantee – The Fundamental Difference
Statutory protection – whether in the form of the rules on conformity of goods with the contract (when a consumer buys from a trader) or the Civil Code statutory warranty (when buying from a private individual) – belongs to the buyer by operation of law, regardless of the seller’s wishes. The seller cannot exclude or limit it in a contract with a consumer. Liability rests with the seller – not the manufacturer.
A guarantee, on the other hand, is a voluntary commitment by the guarantor – most commonly the manufacturer or importer, less commonly the seller – given in a guarantee document. Its scope, duration and conditions follow exclusively from the terms of that document. A guarantee may be more favourable than statutory protection (a longer period, broader coverage), but it may also contain exclusions and conditions whose non-fulfilment results in the loss of guarantee rights.
Both instruments can be used simultaneously and independently – choosing, in a given situation, whichever is more advantageous.
Purchase from a Trader – The Conformity of Goods with the Contract Regime
Where a car was purchased from a trader and the buyer is a consumer, the provisions of the Consumer Rights Act on conformity of goods with the contract (Articles 43a–43g) apply, in force since 1 January 2023.
Goods are not in conformity with the contract where they do not correspond to the description, properties or purpose agreed by the parties, or do not possess the properties that goods of that type should have. Non-conformity therefore covers a hidden technical fault, concealed accident history, odometer tampering and the absence of items that were meant to be included.
The consumer’s remedies follow a specific order. In the first instance, the consumer 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 existing at the time the goods were delivered that becomes apparent within two years of that date. If a 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. After one year from delivery, it is the consumer who must show that the non-conformity existed at the time of purchase.
The consumer’s rights cannot be excluded or limited by the seller – any contractual provisions to that effect are ineffective.
The seller should respond to a demand for repair or replacement within 14 days of it being made. Failure to respond within that period is treated as acceptance of the demand.
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 statutory warranty covers both physical and legal defects in the vehicle.
The buyer may demand repair of the defect, replacement of the item with one free from defects, a reduction in price, or – where the defect is significant – withdrawal from the contract and a refund of the price paid. The seller is liable for defects for one year from the date the vehicle was handed over. 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 warranty liability – but such an exclusion is ineffective if the seller fraudulently concealed the defect. A buyer who signed a statement “excluding the warranty” or “purchasing in the condition described in the advertisement” does not lose their claims if the seller knew about the defect and deliberately failed to disclose it.
A Guarantee – What It Is and How It Works
A guarantee is a voluntary commitment by the guarantor – most commonly the manufacturer or importer – to remedy a physical defect or deliver a defect-free item if a defect becomes apparent within the period specified in the guarantee document. The terms of a guarantee follow exclusively from the guarantee document and may be more or less favourable than the statutory protection.
In the automotive sector, various types of guarantee are encountered: the manufacturer’s factory guarantee (most commonly between two and seven years, or up to a specified mileage), a body perforation guarantee (sometimes for over ten years), a paint guarantee, a mobility guarantee providing roadside assistance and a replacement vehicle in the event of a breakdown, and the seller’s guarantee as an additional commitment from a dealer.
When deciding to rely on a guarantee, it is worth reading the guarantee document carefully – in particular the scope of cover, exclusions (most commonly consumable parts and damage caused by the user) and the conditions that must be met to retain guarantee rights. Failure to meet formal requirements – for example missing scheduled services – may result in the loss of guarantee entitlements.
Servicing Outside an Authorised Dealer and the Guarantee
The widespread belief that servicing a vehicle outside an authorised service centre automatically voids the guarantee is incorrect. A guarantor cannot make the retention of the guarantee conditional on exclusive use of their own service network, unless this requirement follows expressly from the guarantee document. Moreover, even where such a condition is included in the guarantee, its compatibility with the law may be open to challenge.
To ensure that use of an independent workshop does not give the guarantor grounds to refuse the guarantee, services should be carried out in accordance with the manufacturer’s schedule and recommendations, using parts of at least comparable quality, and should be carefully documented with invoices and service records.
How to Make an Effective Complaint
A complaint should be submitted promptly upon discovering a defect and always in writing – by recorded post with proof of delivery. Written form documents the date of submission and the content of the claim, which is critical in the event of a dispute.
The complaint should describe the defect and the circumstances of its discovery precisely, and set out a clearly formulated claim – for repair, replacement, a reduction in price or withdrawal from the contract. Supporting documentation should be attached: photographs, a workshop diagnosis, an expert’s report.
The vehicle should not be repaired independently without the seller’s knowledge before the complaint has been considered – this can make it harder to demonstrate the nature and extent of the defect. If repair is necessary for safety reasons, it should be documented and the seller informed.
If the seller refuses to accept the complaint or fails to respond within 14 days, the next step is a formal demand for payment or performance, and then – if the refusal continues – court proceedings. In court proceedings, the opinion of a court-appointed automotive engineering expert is the most important piece of evidence confirming the existence of the defect and when it arose.
A Practical Example from Our Caseload
A client purchased a one-year-old car from an authorised dealer. After three months of use, problems with the automatic gearbox appeared. The dealer argued that the fault had resulted from the client’s misuse and refused to carry out a repair either under the guarantee or under the conformity of goods with the contract rules. The firm commissioned a report from an independent expert, who identified a factory defect in the gearbox mechatronics. A complaint demanding repair was again rejected by the dealer. After the matter was referred to court, the court-appointed expert confirmed that the defect had existed at the time of sale. The court ordered the dealer to repair the vehicle and reimburse the costs of the expert reports and court proceedings.
FAQ
Can I use both the guarantee and my statutory rights at the same time? Yes. You may freely choose between guarantee rights and statutory rights – depending on which is more advantageous in a given situation. If the guarantor refuses a repair on the grounds that the defect was caused by the user, you can rely on the rights under the conformity of goods with the contract rules or the statutory warranty, where the allocation of the burden of proof may be more favourable to you.
How long does the dealer have to consider a complaint? When a consumer buys from a trader, the seller must respond to a demand for repair or replacement within 14 days of it being made. Failure to respond within that period is treated as acceptance of the demand.
Is a warranty exclusion in a private sale contract always effective? No. Excluding the statutory warranty for physical defects is permissible when buying from a private individual, but is ineffective if the seller knew about the defect and fraudulently concealed it. A buyer who signed such a statement does not lose their claims if they can show the seller deliberately concealed the defect.
Do I have to use an authorised dealer to keep the guarantee? Not necessarily. A guarantor cannot automatically void the guarantee solely because an independent workshop was used, if services were carried out in accordance with the manufacturer’s recommendations, using appropriate parts and are properly documented. It is worth reading the guarantee document carefully, however – the conditions vary by manufacturer.
Contact Us
Effectively enforcing rights under the conformity of goods with the contract regime or the statutory warranty requires prompt action and proper documentation – sellers often count on the buyer abandoning their claims or missing the relevant deadlines.
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.