Picture this: you buy a used car and a week later the fuel injection system starts playing up. You make a complaint and ask for a price reduction. The seller agrees. A month later, an expert finds that the car was in a serious accident and has a faulty airbag system. Can you now withdraw from the contract, even though you previously settled for a lower price?
Yes. Here is why.
Changing Your Mind Is Possible – If New Defects Have Come to Light
The Poznań Regional Court addressed this directly in its judgment of 20 May 2014 (case ref. XV Ca 330/14): claiming a price reduction does not close the door to withdrawing from the contract. The contract remains in existence and the buyer retains all their warranty rights.
What is more – if after making the first complaint you discover new, more serious defects that you did not previously know about, all your rights effectively come back to life. You are entitled to reassess the situation and make a decision that reflects the vehicle’s actual condition.
In practice, this works as follows: if the seller assured you the car had never been in an accident, and an expert report then reveals accident repairs and faulty airbags, this is a new and more serious defect that justifies withdrawing from the contract – even if you initially only asked for a few thousand zlotys off the price.
The Seller’s Liability Is Absolute
A seller is liable for defects in the goods regardless of whether they knew about them. The Poznań Regional Court confirmed that warranty liability is absolute – it attaches to the seller even where they acted in good faith and had no idea about the faults.
This means the argument “I didn’t know about the accident” changes nothing. If a defective vehicle was sold, the seller is liable for the defect.
Deadlines – When to Act
When buying from a private individual, the statutory warranty provisions of the Civil Code apply. You have one month from discovering a defect to notify the seller, and the withdrawal itself must take place within one year of the date the vehicle was handed over.
There is an important exception, however: if the seller assured you that no defects existed, the one-month deadline does not run against you. The court confirmed that this applies even where the seller acted in good faith and did not know about the defects themselves. An assurance of accident-free status prevents the seller from relying on late notification as a defence.
When buying from a trader (a dealer, car lot or showroom), a different set of rules has applied since 1 January 2023: the provisions on conformity of goods with the contract. There is no one-month notification deadline under this regime – the defect must be reported within a reasonable time of discovery, and the seller’s liability runs for two years from the date of delivery.
How It Played Out in Practice
In the case before the Poznań Regional Court, the buyer purchased a used car whose sellers assured her it had never been in an accident and was in good technical condition.
A few days later, problems with the fuel injection system appeared. The buyer claimed a price reduction. She then commissioned an expert’s report – and only at that point learned that the car had undergone accident repairs that did not comply with the manufacturer’s specifications, and that the airbag system was faulty. The SRS warning light had been on at the time of purchase, but the sellers had explained that this was a result of a recent battery change and would go out after 100 kilometres.
The buyer submitted a notice of withdrawal from the contract. The court found it fully effective: the new, more serious defects discovered after the initial complaint justified the change of position, and the withdrawal was made within the one-year period required by law.
What This Means for You
If you bought a used car and defects keep coming to light, do not assume that an earlier complaint has closed the door on further claims. Each new, serious defect can be the basis for changing your remedy – including withdrawing from the contract and claiming a full refund.
The key is acting within the relevant deadline and having proper documentation: an expert’s report, a written complaint and a record of the seller’s assurances.
A Note on Buying from a Trader
The judgment discussed concerned a private sale between individuals. When buying from a dealer, car lot or showroom, a separate regime has applied since 1 January 2023 – the rules on conformity of goods with the contract. The buyer’s rights are broadly similar, but the timescales and procedure differ in their details – it is worth discussing your specific situation with a lawyer.
Contact Us
If you bought a defective vehicle and are unsure whether you can still withdraw from the contract, or what to do as further faults emerge, it is worth speaking to a lawyer before taking your next step.
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.
