Car Sale Agreement and Exclusion of Warranty: What Really Protects the Seller and Buyer (2026)

You are selling a car and are afraid that the buyer will come back in six months with a list of "hidden defects" and a demand for a refund? Or you are buying and want to know what you are actually signing? The exclusion of warranty clause from Article 558 of the Civil Code is the strongest provision that a seller can have in a private transaction. However, many myths have arisen around it. It does not provide "complete protection," does not apply when a company sells a car to a consumer, and does not protect someone who has fraudulently concealed a defect.

Below you will find both sides of the transaction: how to write a safe agreement, what the exclusion of warranty really provides, and what obligations await after the sale (registration, PCC, OC), along with deadlines and penalties applicable in October 2026.

Last verification: October 23, 2026. Informational material, not legal advice. Treat sample provisions as a starting point. For an expensive car or in case of a dispute, show the agreement to a lawyer.

In Brief

Flowchart: Do You Have Claims Against the Seller?

Answer a few questions to see which part of the guide applies to your situation.

What Exclusion of Warranty Provides and What It Does Not

• Principle. In sales between private individuals, the parties can "extend, limit, or exclude" liability from warranty (Article 558 § 1 of the Civil Code). A provision like "The parties mutually exclude the Seller's liability under warranty for physical defects of the vehicle (Article 558 § 1 of the Civil Code)" is valid and effective. Limitations against consumers are only permissible where specific regulations allow.
• Limit. According to Article 558 § 2 of the Civil Code, the exclusion is ineffective if the seller fraudulently concealed a defect. Did you know about the accident and said "accident-free"? The clause will not protect you. The buyer can also withdraw from the effects of the agreement due to fraud (Articles 86 and 88 of the Civil Code: written statement within a year of detecting the error) and demand compensation.
• "Waiver of all claims." Such a provision only operates within the limits of Article 558 § 1. The effects of fraud cannot be "excluded" in advance by agreement. An honest description of the car is the best protection here.
• Statement "I have familiarized myself with the condition." Article 557 § 1 of the Civil Code exempts the seller from defects known to the buyer at the time of the agreement. Instead of a general statement, specify the concrete, known defects, e.g., "dent on the right doors, leak from the shock absorber, ABS warning light." Such defects are definitely beyond dispute.
• Test drive and inspection at a control station. A provision stating that the buyer checked the car (preferably with the date and place of inspection) helps the seller with evidence but does not replace § 2. The statutory obligation to inspect the item and promptly notify of defects (Article 563 of the Civil Code) only applies to sales between entrepreneurs.
• Without a clause. Warranty applies by law: the seller is liable for a physical defect identified within 2 years from the delivery of the car (Article 568 § 1 of the Civil Code). Requests for repair or replacement expire after a year from the identification of the defect, and within the same period, a statement regarding price reduction or withdrawal can be made (Articles 568 § 2 and 3). A used car is also subject to warranty, but normal wear and tear is not a defect. You cannot withdraw from the agreement due to a minor defect (Article 560 § 4).
• Who is a "private individual." If the seller is actually engaged in the professional trade of cars, they may be considered an entrepreneur, and then consumer regulations apply. In case of doubt, ask a consumer ombudsman.

Buying from a Company or Dealership

When you buy a car from an entrepreneur for private use, the provisions of the Civil Code on warranty do not apply. Since January 1, 2023, the chapter of the Consumer Rights Act on the conformity of goods with the contract (Articles 43a and following) is in force.

• The company is liable for non-conformity with the contract that existed at the time of delivery and revealed within 2 years (Article 43c). For these 2 years, it is assumed that the defect was already present at the time of delivery, unless the company proves otherwise.
• Provisions less favorable than the law are invalid (Article 7). A general "exclusion of warranty" does not provide any benefit here.
• The company can only exempt itself from liability for a specific feature if it clearly informed you about this deviation before the agreement was concluded, and you explicitly and separately accepted it (Article 43b § 4). Therefore, read separate statements about the condition of the car before you sign them.
• The company has 14 days to respond to a complaint. Lack of response within this period means acceptance of the complaint (Article 7a).

Sales Agreement: Checklist

1. Parties and vehicle without abbreviations

   Names, surnames, addresses, PESEL or document number of both parties. Vehicle: make, model, year, VIN, registration number, and current mileage. The recorded mileage serves as evidence for the seller against allegations about the odometer.

2. Price and payment

   Amount in digits and words, method of payment. A transfer is easier to prove later than cash, and cash is confirmed by a receipt. When reserving, call the deposit earnest money if it is to act as a deposit: if the buyer fails to perform the agreement, the seller keeps it, and if the seller fails to perform, the buyer can demand double (Article 394 of the Civil Code).

3. Date and time of vehicle delivery

   The time in the agreement helps determine who had the car at the time of an offense or damage. The owner must indicate to the authority to whom they entrusted the vehicle upon request (Article 78 § 4 of the Road Traffic Law), and an agreement with the time is the simplest evidence for that.

4. Condition of the vehicle described specifically

   List of known defects and faults, a provision about the test drive or inspection at the control station, and a brief mention of the nature of the car, e.g., "used vehicle, year of production X, mileage Y, with normal wear and tear."

5. Warranty clause in private sales

   Exclusion from Article 558 § 1 of the Civil Code and a statement from the seller that they did not conceal known defects. The latter builds credibility and weakens future allegations of fraud.

6. Documents and copies

   The seller provides the registration certificate (and a certificate of technical inspection if there is no current date in the registration document, Article 78 § 1 of the Road Traffic Law) and confirmation of the conclusion of the OC agreement (Article 32 § 1 of the Act on Mandatory Insurance). List the documents and keys transferred in the agreement. Each party receives their copy.

After the Sale: Deadlines That Cost

For the Buyer: A Quarter of an Hour That Protects Big Money

• Vehicle History on gov.pl (free). You need the registration number, VIN, and date of first registration. You will see, among other things, the odometer readings from technical inspections (since 2014), inspection deadlines, validity of OC, the number of owners in Poland, and information on whether the car is stolen or deregistered. The printout is for informational purposes.
• Inspection at a vehicle control station or an independent workshop before purchase is a small cost compared to the price of the car.
• Odometer. Compare the mileage with the history. Changing the odometer reading or interfering with the measurement is a crime under Article 306a of the Penal Code (from 3 months to 5 years of imprisonment), also for the person commissioning it. Legal replacement of the odometer is only allowed in case of malfunction or replacement of the part it is related to. The owner then has 14 days to read it at the control station (Articles 81a and 81b of the Road Traffic Law).
• Co-owners and credit. Check the registration document to see if the car has multiple owners. The agreement must be signed by all. For a car purchased on credit, ask about the lien.

Distance Transaction: For the Polish Diaspora

• The sale or purchase of a car in Poland can be handled by an attorney. A simple written power of attorney is sufficient for the car sale agreement itself. When the attorney submits it at the office, a 17 PLN stamp duty is paid. The power of attorney for a spouse, parents, grandparents, children, grandchildren, and siblings is exempt.
• You can submit a notification of transfer online with a trusted profile or qualified signature, and PCC-3 via e-Declaration or e-Tax Office, from anywhere in the world.
• Money: transfer before handing over the car and receipt. Avoid "payment upon receipt by a friend."

Common Mistakes When Selling a Car

• Believing that the clause from Article 558 § 1 protects against everything. It does not protect against concealment of defects.
• General statement "condition known to the buyer" instead of a list of specific defects.
• Lack of time of vehicle delivery in the agreement.
• The seller forgets to report the transfer: receives a penalty of 250 PLN and must explain that the car is already owned by someone else.
• The buyer delays registration. From 2024, this ends with a monetary penalty.
• Break in OC after the expiration of the transferred policy.
• Omission of PCC-3: the tax still needs to be paid, with interest.
• Purchase without checking the history and without inspecting the car.

Frequently Asked Questions

Is the exclusion of warranty clause even legal?

Yes, fully between private individuals (Article 558 § 1 of the Civil Code). It only does not apply in cases of fraudulent concealment of a defect and when a company sells a car to a consumer.

The buyer claims after 3 months that the engine was faulty. I have a clause. What now?

If you did not know about the defect, the clause applies: the warranty is excluded. If you knew and concealed it, the clause will not help (Article 558 § 2 of the Civil Code), and the dispute will come down to evidence: advertisements, messages, expert opinions. Therefore, keep the content of the advertisement and correspondence with the buyer.

I sold the car, and the buyer did not re-register it. What am I at risk of?

If you notified the starost about the transfer within 30 days, you are not at risk of the 250 PLN penalty, and the office knows who the new owner is. When a summons arrives for an offense committed after the sale, indicate the buyer and show the agreement with the date and time of delivery. Without notification, you risk a penalty and more explanation.

Can I sell a car with valid OC and get a refund of the premium?

The refund of the premium for the unused period is due to the seller when the buyer terminates the transferred policy (Article 41 § 1 point 3 of the Act on Mandatory Insurance). The insurer refunds it within 14 days from the termination of the agreement. If the buyer drives on your policy until the end of the period, there is no refund.

Car worth 900 PLN. Does the buyer pay PCC?

No. The sale of movable property worth up to 1000 PLN is exempt from PCC (Article 9 point 6 of the PCC Act). The Act of September 18, 2026 (Journal of Laws 2026, item 1354) raises this threshold to 3000 PLN for agreements concluded from November 3, 2026. For agreements with an earlier date, the threshold of 1000 PLN applies.

I bought a car with a rolled-back odometer. What to do?

Gather evidence (printout from Vehicle History, opinion from the control station or expert) and submit a notification of a crime under Article 306a of the Penal Code. Fraud allows action despite the warranty clause: you can demand a price reduction or withdraw from the agreement under warranty or withdraw from the agreement due to fraud (within a year of detection) and seek compensation. In case of a dispute, it is advisable to seek legal assistance.

Sources

Status as of October 23, 2026. The guide is for informational purposes only and does not constitute legal or tax advice. For specific matters, consult a lawyer, tax advisor, or consumer ombudsman.