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It happened! You found an advertisement, inspected the car, and finally purchased it. During the transaction, the seller assured you that everything was functioning correctly and no financial input was needed... yet shortly after using the car, it began to malfunction. If you have encountered such a scenario, it might be due to a latent defect in the vehicle. What exactly it is and what to do when you have bought a car with a hidden defect, you will learn from this article.
To begin with, Polish law does not provide an exact definition of a latent defect in a vehicle. It refers to any imperfection that the buyer was unaware of at the time of signing the contract. In simple terms, these are damages the buyer did not know about and, most likely, would not have purchased the car had they been aware (or would have demanded a price reduction).
This means that the latent defect must have existed at the time of the car sale, but for certain reasons, it could not have been noticed by the buyer (even assuming the most thorough inspection of the vehicle before purchase). We typically refer to a latent defect in a car when the seller concealed information about the actual condition of the vehicle (especially regarding its accident history and damages, as well as the car's mileage).
Purchasing a car is often a significant financial expenditure, and therefore it is advisable to prepare adequately. Primarily, before purchasing, it is wise to secure the content of the advertisement (a screenshot suffices) to prevent any changes after the transaction. During the car inspection, haste is not advisable. It is worthwhile to visit a diagnostic station and consult the idea of purchasing the vehicle with a trusted mechanic. Sounds reasonable? Exactly, now you will have a lesson for the future, but what to do when you have already bought the car and it turned out to be unfit for driving?
First and foremost, it is essential to distinguish what actually constitutes a latent defect. Not every car damage will immediately bear the hallmarks of a hidden defect. It must be remembered that a car is a highly consumable item, requiring regular maintenance. Therefore, if some time has passed since the purchase and a part that needs regular replacement has broken, it is most likely not a latent defect.
Similarly, if the seller did not grossly conceal information about the damage. Perhaps they allowed you to take the vehicle to a diagnostic station before purchase, and due to time constraints, you did not take advantage of this option. In such a case, it will be significantly more challenging to prove that the seller deliberately and intentionally concealed information about the actual condition of the vehicle.
A latent defect is discussed when the buyer could not (even with the utmost diligence) discover the existence of a defect in the item. If you are certain that a defect was concealed, you can exercise your right to a complaint as specified in the Civil Code provisions regarding latent defects. However, there are several possible options here.
A very common situation. It occurs when you are not a business entity, and you purchased a car from a dealership, showroom, or a car trader conducting business.
This is also a fairly common situation. Many private individuals sell cars they have used because they simply want to buy a newer model or find that the car is too costly. Polish law allows the sale of items by individuals not conducting business, which is why transactions between private individuals are quite popular.
Unfortunately, it is necessary to mention dishonest practices by car dealerships that offer the sale of cars imported from abroad. It happens that such a business entity is listed in the contract as an intermediary in the transaction between the physical owner of the vehicle and the buyer. Such a situation can significantly complicate the complaint process and the pursuit of claims.
The least common, but still encountered option is the purchase of a car from a business entity by another business entity. In this case, the possibilities are quite limited, and consultation with a lawyer may be necessary.
Regardless of the combination (seller — buyer) in which you purchased the car, in each of the three cases, you can file a complaint under the warranty.
Let's clear up some doubts right away — some dishonest sellers may try to convince you that the possibility of filing a complaint under the warranty applies only to new cars from the showroom and that they are not responsible for latent defects in used cars. This is, of course, not true. Remember, you have already been deceived once, so it is worth consulting all potential explanations from the seller with a lawyer.
If you purchase a used car, it means that it was previously owned by someone else, but this does not exclude the possibility of filing a complaint about the vehicle. The seller, however, is obliged to disclose all defects of the car, even if they do not affect its operation or safety.
When filing a complaint under the warranty, you may demand: a reduction in the car's price, withdrawal from the contract and a full refund, or reimbursement of repair costs for the hidden defects of the car. You must file the complaint within two months of discovering the defect. It is best to do this in writing, with confirmation of the complaint being delivered to the other party in the dispute. After receiving the letter, the seller will have 14 days to respond to the complaint and inform you of their decision.
Remember, the burden of proving the existence of a latent defect will lie with you.
In most cases, consultation with an expert is therefore necessary. It is also advisable to seek assistance from a law firm, as you will have to pay for the expert opinion, and only in the event of winning the case can you claim reimbursement of costs.
If you have been deceived by a dishonest seller, feel free to contact us. Our law firm handles civil law cases and claims recovery. Together, we will surely find a solution to your problem!
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