Trader’s credibility

The credibility of any trader in the European Union, Norway or Iceland can be verified. Simply enter a company name into a search engine of the registry of economic operators of a given country (equivalents of the Polish National Court Register) and check when it was established and where it is located.

Professional help – scam

It is worthwhile to scrutinise ads on auction websites where people purporting to be experts offer trips and professional assistance when buying a car, for example: “Expert-translator helps buy a car in Germany”. An alleged expert offers his/her services as “buy now” and does not sign a contract with the buyer. He/she helps you find a car and negotiates the contract and checks the documents in a foreign language on the spot. Unfortunately, it happens that he/she is not a real expert and actually collaborates with dealer by translating the documents to the buyer falsely.

Assurances only in writing

Before paying, the consumer should make the seller confirm in the contract in writing that, for instance, the car was not in an accident, the odometer count, etc. This proof is necessary to seek redress in the event it turns out that the car has defects.

Servicing before purchase

Many disappointments can be avoided if you have a car checked at an independent garage before you sign a contract with the seller. The most common problems that many buyers discover only after the transaction is clicking, hidden defects, for example a damaged engine or the fact that the car was in an accident. If it is impossible to service a car before you buy it, you might at least want to go see the car with a friend who knows more about cars than you do.

The Civil Code does not specify the legal form of a sales contract, but for the safety of the buyer it should be drawn up in writing. In addition, the consumer should ensure that the contract includes:

• the seller’s details (company name, address, NIP number, KRS number, etc.),
• the agreed price of the car,
• the vehicle details (make, model, chassis number, registration number, year of manufacture, mileage),
• a detailed description of the car along with information on defects (it is important in the case of seeking redress for latent defects),
• a declaration that the car is free from liens, securities or rights of third parties,
• payment settlement method,
• signatures of the parties.

You have the right to complain about a used car when:

the car is not able to fulfil its function (usually it means it is damaged to the extent that prevents using it for its intended purpose); its features are contrary to those declared by the seller (clocked odometer or understated age); it turns out that it is pledged or third parties have right in the car.

Keep in mind that before you start seeking redress you need to collect evidence, because it is the buyer who must prove the defects. You can do this by going to the nearest garage and requesting an expert opinion (you can also ask an expert or an expert witness). What can the consumer require?

• To bring the vehicle into conformity with the contract (free of charge),
• To have the price reduced (in the case when repair or replacement would expose the buyer to excessive inconvenience or replacement or repair requires excessive costs),
• Withdrawal from the contract.