Pulled over in a routine police check, told the vehicle is registered as stolen abroad, the car seized as evidence. You are left holding the keys to a car you no longer have and facing a loss of tens of thousands of zlotys. Do you have to accept this? No – the law gives you concrete tools to recover your money.
Why the Seller Is Liable Even If They Did Not Know
A car obtained through theft is a classic example of a legal defect. Article 556¹ of the Civil Code defines a legal defect as a situation where the item sold belongs to a third party. A stolen vehicle remains the property of the person it was stolen from – regardless of how many transactions have taken place since.
A seller’s liability for a legal defect is objective. The seller is liable regardless of whether they knew about the vehicle’s criminal provenance or whether they themselves acquired it in good faith. Arguments along the lines of “I had no idea it was stolen,” “I bought it honestly myself” or “you signed to say you knew the legal status of the vehicle” – none of these releases the seller from liability.
What You Can Claim
Where a legal defect is significant – and a stolen vehicle invariably is – you may withdraw from the contract and claim a full refund of the price paid. Beyond the price, you can claim reimbursement of all costs incurred in connection with the purchase: the costs of concluding the contract, vehicle registration and administrative fees, insurance premiums for the period during which you used the vehicle, the cost of repairs and improvements from which you derived no lasting benefit, and towing and transport costs.
What to Do – Step by Step
Step 1: Do not conceal the vehicle and cooperate with the police. If you have learned that the vehicle was stolen – whether the police told you or you found out another way – do not hide the car. Concealing a vehicle whose criminal provenance you know about can be classified as handling stolen goods. Cooperating with law enforcement and reporting the matter documents your good faith.
Step 2: Secure your documentation. Gather everything connected to the purchase: the contract, proof of payment, correspondence with the seller, the online advertisement, any VIN check results and the police record of the vehicle’s seizure. This is your evidence – both for establishing good faith and for pursuing your claims.
Step 3: Submit a notice of withdrawal from the contract. Send the seller a written notice of withdrawal from the contract on grounds of a legal defect. Use recorded post with proof of delivery. The notice should state the legal basis (legal defect under Article 556¹ of the Civil Code), describe the defect identified and call on the seller to return the purchase price and costs incurred within a specified deadline.
Keep the deadlines in mind. Warranty rights for a legal defect expire one year from the date on which the buyer became aware of the defect’s existence. Do not delay.
Step 4: Obtain victim status in the criminal proceedings. If the police are conducting proceedings in connection with the vehicle theft, participate actively as an injured party. This gives you access to the case file, the ability to submit applications for evidence to be gathered and – most importantly – the ability to apply for the damage to be made good directly within the criminal process (Article 46 of the Criminal Code). This is often a faster route than separate civil proceedings.
Step 5: If the seller refuses – take the matter to court. If the seller does not voluntarily return the money, court proceedings are necessary. In civil proceedings you can claim the return of the purchase price and all costs incurred. The better your purchase documentation and the more evidence you have of good faith at the time of purchase, the stronger your position.
What to Do If the Seller Has Disappeared
Difficulty in locating the seller does not extinguish your claims – it makes enforcing them harder. In criminal proceedings, the police have tools to establish the seller’s identity and whereabouts. In civil proceedings, a claim can be pursued at the seller’s last known address, and the court may appoint a curator for a defendant whose whereabouts are unknown. It is worth filing a claim as soon as possible – this interrupts the running of the limitation period.
How to Check a Car Before Buying
Before purchasing a used vehicle, it is worth checking it in the Central Register of Vehicles and Drivers (CEPiK), the Police stolen vehicle database, the Pledge Register and commercial vehicle history databases. The seller’s identity should also be carefully verified and the details in the vehicle registration document compared with their identity document.
Warning signs include: a price significantly below the market rate, the absence of original documentation, signs of VIN tampering, and the seller’s urgency and pressure to make a quick decision.
Contact Us
Buying a stolen vehicle is a situation in which every day of delay can matter – both for the prospects of recovering your money and for demonstrating your good faith.
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.
