Used Car Complaint (Dealership): Buyer's Rights and Letter Template (2026)

You bought a used car from a dealer two months ago. Now the gearbox is jerking when changing gears, the engine light is on, or it turns out the odometer was rolled back. The dealer says: "car sold as-is, you knew what you were buying." That is one of the most common — and most easily challenged — arguments used by used car dealers in Poland.

First: who sold you the car?

The answer determines which law applies, how long the seller is liable, and whether your complaint has legal teeth.

A business dealer (B2C) — has a tax ID (NIP), sells cars commercially. This covers the vast majority of used car lots. The Consumer Rights Act (Art. 43a–43e CRA) applies — strong protection, presumption of defect, no right to exclude your claims.

A private individual (C2C) — selling via OLX or Otomoto as a private person, no VAT invoice, not a registered business. The Civil Code warranty provisions (Art. 556–576 CC) apply. Here the seller can completely exclude warranty liability with a single sentence in the contract — and many do. Private complaints are significantly harder to pursue.

How to verify: check the CEIDG register at ceidg.gov.pl. If the dealer has a business registration — you have full consumer protection.

The new CRA regime — not the Civil Code warranty

For B2C purchases after 1 January 2023, the new non-conformity system (Art. 43a–43j CRA) applies. The old warranty under Art. 556 CC does not apply to consumer purchases — do not cite it in your complaint letter.

A good (car) is non-conforming (Art. 43a CRA) when, among other things, it:

• is not fit for the purpose for which goods of that type are normally used (the car does not run properly)
• lacks qualities the consumer could reasonably expect (condition inconsistent with the description)
• does not match the description, sample or model (year, number of previous owners, service history)
• had a defect at the time of delivery, even if it only became apparent later

Shortening liability to 1 year — the key clause to check in your contract

This is the element of consumer law most buyers are unaware of. By default the seller is liable for non-conformity for 2 years from delivery (Art. 43c(1) CRA). But Art. 43c(2) CRA creates an exception for used goods: the seller may contractually shorten the liability period to a minimum of 1 year.

The condition: the reduction must be stated clearly and unambiguously in the contract. A general "used vehicle" statement is not enough. Check your purchase agreement: if there is no clause shortening liability — the full 2 years applies. If there is — you have at least 1 year.

Practical consequence: car bought in June 2025 with a 1-year shortening clause — you must file by June 2026. Without the clause you have until June 2027.

"Sold as-is" — why this clause does not work at a business dealer

Used car lots frequently include contract language such as: "vehicle sold in technical condition as inspected, seller provides no warranty" or simply "sold as-is." In consumer (B2C) transactions these clauses are void by operation of law.

Art. 43j CRA expressly prohibits excluding or limiting consumer rights under Art. 43a–43i. Any contractual term doing so is automatically ineffective. You do not need to challenge it in court — it simply does not bind you from the moment the contract was signed.

The only lawful exception: the dealer before signing identified a specific, individualised defect and the buyer expressly accepted the purchase despite that defect (Art. 43b(5) CRA). For example: "the engine has a coolant leak — price reflects this" — and the buyer signed off on it. Only in this way can liability for a specific defect be excluded. A blanket "as-is" clause does not satisfy this requirement.

Odometer fraud — a specific category of non-conformity

A rolled-back odometer is one of the most serious problems in Poland's used car market. It is classic non-conformity — the car does not have the characteristic it was supposed to have under the contract (the stated mileage). You do not need to prove the dealer knew about it. It is enough that the goods do not correspond to what was described. Proof: service history, data from authorised service records, Central Vehicle Register printout, or an online report (e.g. AutoDNA, CarVertical, CEPIK).

For odometer fraud you may demand a price reduction proportional to the car's actual condition or — if the discrepancy is significant — withdraw from the contract and claim a full refund.

Presumption of defect — your main shield throughout the liability period

Art. 43c(1) CRA: if non-conformity appears during the full liability period (1 or 2 years depending on the contract), it is presumed to have existed at the time of delivery. The dealer must rebut this presumption — you do not have to prove the defect was pre-existing.

In plain terms: if the gearbox starts jerking 4 months after purchase, the dealer must prove it was working at the time of sale. Without a technical expert report, the presumption works in your favour. A verbal statement that "the car was fine when sold" is not sufficient.

Exception: the presumption does not apply when it is incompatible with the nature of the goods or the defect. A dealer may argue that brake pads worn after 5 months of heavy driving is normal use. But an engine that fails to start at -5°C is a defect — not normal wear.

What you can demand and in what order

The law imposes a hierarchy — you cannot demand a refund immediately:

• Step 1: repair or replacement (Art. 43d(1) CRA) — you choose. The dealer may refuse your chosen remedy only if it is impossible or would involve excessive costs compared to the other option. Repair and replacement must occur within a reasonable time, at the dealer's expense, without significant inconvenience to you (Art. 43d(3)).
• Step 2: price reduction or withdrawal from contract (Art. 43e(1) CRA) — available if the dealer refused both repair and replacement, if repair/replacement was ineffective, or if the dealer failed to complete repair within a reasonable time. Withdrawal (full refund) requires the non-conformity to be significant. Engine, gearbox, braking system, suspension issues are unquestionably significant.

Note: you may skip step 1 and demand withdrawal directly if it is clear from the dealer's statement or the circumstances that repair will not happen within a reasonable time or without significant inconvenience (Art. 43e(2) CRA).

Automotive expert assessment — when and who pays

For serious mechanical defects, consider commissioning an independent automotive expert (rzeczoznawca samochodowy from NOT or PZMOT). An assessment costs roughly PLN 300–600 and establishes the nature of the defect — whether it is a factory fault, usage-related, and what its condition was at the time of sale. If the assessment confirms the defect and your complaint succeeds, you can claim the cost from the dealer as consequential loss.

You do not need to present an expert report upfront. The presumption of Art. 43c works in your favour — it is the dealer who must produce evidence to rebut it.

How to write an effective complaint letter

Key elements the letter must contain:

• Vehicle details: make, model, year, VIN number, registration plate, mileage at purchase
• Purchase date and price
• Description of non-conformity: when the defect appeared, how it manifests, any fault codes
• Legal basis: Art. 43b in conjunction with Art. 43c(1) CRA, and Art. 43j CRA if the dealer invokes an "as-is" clause
• Your demand: repair or replacement (choose one), with a completion deadline
• Response deadline: 14 days (Art. 7a(1) CRA) — no response = complaint accepted by force of law

Send the letter by registered post with delivery confirmation. The date of posting is the date of complaint — relevant for all deadlines.

If the dealer refuses or does not respond — next steps

• Consumer Ombudsman (Rzecznik Praw Konsumentów) in your district — free intervention, often enough to change the dealer's position
• UOKiK (uokik.gov.pl) — if the dealer applies unfair practices to many customers (e.g. mass use of "as-is" clauses)
• Permanent Consumer Arbitration Court at the Trade Inspectorate — free mediation/arbitration, requires consent of both parties
• Civil court — claims up to PLN 20,000 go through the simplified procedure (Art. 505¹ CPC) with significantly lower court fees; above that, the standard procedure applies

Common questions about used car complaints

The dealer is a registered company but wrote "no liability for hidden defects" into the contract. Is this effective?

No. Art. 43j CRA prohibits excluding consumer liability for non-conformity in B2C transactions. Any clause excluding or limiting rights under Art. 43a–43i is void by operation of law. You do not need to challenge it in court — you simply ignore it and rely on the CRA.

I bought the car from a private individual who included "sold without warranty" in the contract. Can I complain?

Unfortunately not through the standard route. In C2C contracts the Civil Code warranty can be contractually excluded. If the agreement contains such a clause — the private seller has effectively excluded liability for defects. Exception: if the seller fraudulently concealed a defect (e.g. knew about the rolled-back odometer and said nothing) — the exclusion does not apply (Art. 558(2) CC). This is harder to prove but possible.

The dealer repaired the car for 6 weeks and now claims the defect was caused by my use, not pre-existing. What can I do?

First: 6 weeks is likely an "unreasonable time" for repair under Art. 43d(3) CRA. Second: the dealer must provide a written technical opinion rebutting the presumption of defect. A verbal statement is not evidence. Demand a written rejection with expert findings. Without that, the presumption remains in your favour and you may demand a price reduction or withdrawal.

I bought the car a year and a half ago. Serious frame corrosion has just been discovered. Am I too late?

It depends on the contract. If there is no clause shortening liability to 1 year — you have 2 years from purchase, so at 18 months you are still within the deadline. If the dealer included a 1-year clause — the period has unfortunately expired. Check the contract carefully. Frame corrosion is a significant defect — grounds for demanding withdrawal from the contract.

The dealer says "it's an old car, wear is normal." Where is the line between normal wear and a defect?

The key question: is the car fit for normal use, taking its age and price into account? Normal wear: wearing tyres, ageing seals, consumable brake pads. A defect: an engine with oil leaks that develop within 3 months; a gearbox that won't shift at -10°C; an electrical system with faults invisible at inspection. If the dealer described the car as "mechanically sound" or stated specifications that do not match reality — that is non-conformity, regardless of the car's age.