You have discovered a serious defect in a car you bought. What now? The law gives you concrete tools – but using them effectively requires acting in the right order and within the right timeframes. The Poznań Regional Court in its judgment of 21 August 2015 (case ref. XV Ca 471/15) showed step by step how this works in practice.
Step 1: Document the Defect
Before sending anything to the seller, secure your evidence. Most serious defects – accident history, corrosion of structural components, a faulty airbag system – cannot be identified during a standard viewing. In the Poznań case, the court-appointed expert confirmed that a short test drive could not have revealed such significant faults as a bent pillar, a displaced wheel or exhaust emissions exceeding legal limits.
Commission an inspection from an independent automotive expert or specialist service centre. Keep the inspection record, the diagnostic results and the receipt for the report – these documents will be needed both for the complaint and for any subsequent court proceedings.
Step 2: Notify the Seller – and Do It in Time
In a private sale, you have one month from discovering the defect to notify the seller. Missing this deadline means losing your warranty rights.
The good news is that a telephone notification is sufficient. The Poznań Regional Court confirmed that a phone call made within a week of purchase was adequate. The key, however, is being able to prove the notification took place – note down the date, time and content of the conversation.
The best approach is to call as soon as the defect is discovered, then follow up with a recorded letter with proof of delivery. A recorded letter has the advantage that the one-month deadline is met at the moment of posting, regardless of when the letter reaches the seller.
Step 3: Submit a Written Notice of Withdrawal
Where a defect is significant – affecting road safety, substantially reducing the vehicle’s value or preventing normal use – you may withdraw from the contract and claim a full refund.
Submit the notice of withdrawal in writing. If the contract was concluded in writing, the withdrawal should be in the same form. In the Poznań case, the notice was submitted in a letter two weeks after purchase – the court found it fully effective.
The letter should include: the date and number of the contract, a description of the defects (ideally with reference to the expert’s report findings) and a clear statement of withdrawal from the contract with a demand for the return of the purchase price. Send it by recorded post with proof of delivery.
Step 4: Watch the Deadlines
The notice of withdrawal must be submitted within one year of the date the vehicle was handed over. This is an absolute time limit – once it expires, the right to withdraw is gone. The claim for the return of the purchase price can, however, be pursued even after that deadline.
Remember also the one-month deadline for notifying the seller of each defect – it runs from the date each new defect is discovered. If more serious faults emerge after the initial complaint, you have one month from discovering them to notify the seller again.
Step 5: What You Can Claim Beyond the Purchase Price
A refund of the purchase price is not all you are entitled to. When withdrawing from a contract on account of a defect, you can claim from the seller reimbursement of all costs incurred in connection with the defective purchase.
Expert report costs – the most significant item in practice. The cost of a private technical inspection forms part of the recoverable loss. In the Poznań case, a till receipt for PLN 150 was sufficient.
Contract costs – any fees paid for drawing up the contract or other costs incurred at the time of purchase.
Collection and transport costs – travel to collect the car, towing, transporting the vehicle to a workshop.
Insurance costs – a proportionate part of the third-party liability or comprehensive insurance premium for the unused period.
Repair costs – if you had repairs carried out at your own expense before the more serious defects came to light, you can claim those costs provided you did not derive any benefit from them.
Two conditions apply: you must have proof of each cost (a receipt or invoice) and you must show that the cost arose in connection with the vehicle’s defect.
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 different regime has applied since 2023 – the rules on conformity of goods with the contract. There is no one-month notification deadline under that regime – the defect must be reported within a reasonable time of discovery, and the seller’s liability runs for two years from delivery. The scope of compensation claims is broadly the same.
Contact Us
If you have bought a defective vehicle and want to know how to withdraw from the contract effectively and recover your money – including the costs of expert reports and other expenses – it is worth discussing the strategy 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.
