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 maybe you are buying and want to know what you are really signing? The exclusion of warranty clause from Article 558 of the Civil Code is the most powerful tool for the seller in a private transaction – but many myths have grown around it: it does not provide "complete protection", it will not work for a business selling to a consumer, and it will never protect someone who has concealed a defect deceitfully. This guide honestly shows both sides of the transaction: how to construct a safe agreement, what the exclusion of warranty realistically provides (and what it does not), and a complete list of obligations after the sale – registration, PCC, OC – with deadlines and penalties that ceased to be theoretical in 2024.

Last verification: July 21, 2026. Informational material – not legal advice. Treat clause templates as a starting point; for expensive cars and disputes, consult the agreement with a lawyer.

In Brief

Exclusion of Warranty – What It Really Provides and What It Does Not

• Principle: in private sales (individual → individual), the parties can "extend, limit, or exclude" liability from warranty (Article 558 § 1 of the Civil Code). A clause 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.
• Non-negotiable limit: Article 558 § 2 – the exclusion is ineffective if the seller deceitfully concealed a defect. Did you know about the accident and said "accident-free"? The clause will not save you – and the buyer additionally has: the right to withdraw from the contract due to deceit (Article 86 in conjunction with 88 of the Civil Code, one year from detection) and claims for damages.
• "Waiver of all claims" in the agreement operates within the limits of § 1 – claims arising from deceit cannot be effectively "waived in advance". Honesty is the best clause here.
• Statement "I have familiarized myself with the condition": Article 557 § 1 exempts the seller from defects that the buyer knew at the time of the agreement. Therefore, instead of a general statement, include specific known defects in the agreement ("right door dent, shock absorber leak, ABS light") – these will definitely be beyond dispute.
• Test drive and diagnostic station: a provision stating that the buyer examined the car (preferably: "at the SKP on the day...") strengthens the seller's evidential position – but does not replace § 2. Between private individuals, the buyer is not legally obliged to examine the item (acts of diligence from Article 563 of the Civil Code apply to transactions between businesses).
• Without a clause, warranty operates by law: a physical defect identified within 2 years from delivery (Article 568 § 1), claims expire one year from detection – a used car is not "a car without the right to defects", but normal wear and tear is not a defect.

Sale Agreement – Checklist

1. Parties and Vehicle – No Abbreviations

   Names, surnames, addresses, PESEL/document number of both parties; vehicle: make, model, year, VIN, registration number and – crucially – current mileage (your proof against odometer claims).

2. Price and Payment

   Amount in words and figures, method (cash with receipt / transfer – safer for evidence). For reservations: deposit (forfeited/double return – Article 394 of the Civil Code), not "advance".

3. Date and TIME of Vehicle Handover

   From this moment, responsibility (fines from speed cameras, damages) falls on the buyer – the time in the agreement cuts disputes.

4. Condition of the Vehicle: Specifically

   List of known defects and faults + note about the test drive/examination at the SKP; mention of the vehicle's nature ("used vehicle, X years, mileage Y – with natural wear and tear").

5. Warranty Clause (Private Sale)

   Exclusion from Article 558 § 1 + seller's statement that they have not concealed known defects. This second part builds credibility and weakens future allegations of deceit.

6. Attachments and Copies

   Registration document, vehicle card (if issued), OC policy, 2 sets of keys – list in the agreement. One copy for each party.

After Sale: Deadlines That Cost

For the Buyer: 15 Minutes That Protects Tens of Thousands

• historiapojazdu.gov.pl (free, just the registration number, VIN, and date of first registration): mileage from inspections, technical tests, theft status, number of owners.
• Diagnostic station before purchase (approx. 100–300 PLN) + computer readout – the cheapest insurance for this transaction.
• Odometer: compare mileage with history; rolling back the reading or tampering is a crime under Article 306a of the Penal Code (3 months to 5 years imprisonment) – this also applies to the person commissioning it. Legal replacement of the odometer (only in case of failure) requires a reading at the control station within 14 days (Articles 81a–81b of the Road Traffic Law).
• Liens/co-owners: check the registration document (co-owners must all sign the agreement), ask about registered liens for cars with loans.
• Buying from a company/dealership as a consumer? You have consumer protection that cannot be contractually waived – "exclusion of warranty" in such an agreement is ineffective against you.

Distance Transaction – For the Polish Diaspora

• Sale or purchase of a car in Poland can be handled by a proxy with a simple written power of attorney (no specific form required); for registration at the office, there is a stamp duty fee of 17 PLN for the power of attorney (close family is exempt).
• Notification of transfer and PCC-3 can be submitted online (trusted profile) from anywhere in the world.
• Money: transfer from abroad before handing over the car + receipt; avoid "payment upon collection by a friend".

Common Mistakes

• Believing that clause 558 § 1 protects against everything – it does not protect against anything in case of defect concealment.
• General statement "condition known to the buyer" instead of a list of specific defects.
• Lack of time of handover – a speed camera from the day of sale becomes your problem.
• Seller forgetting to report the transfer – fines and taxes "come" to the old owner, plus a monetary penalty.
• Buyer postponing registration – since 2024, this is an automatic monetary penalty, not a theory.
• Gap in OC with the acquired policy.
• PCC-3 "forgotten" – 2% + interest will demand themselves, and active regret only works before detection.
• Purchase without checking history and without SKP – free and cheap tools remain unused.

Frequently Asked Questions

Is the exclusion of warranty clause even legal?

Yes – fully between private individuals (Article 558 § 1 of the Civil Code). It is only illegal/ineffective to invoke it in cases of deceitful concealment of a defect and to apply it by a business against a consumer.

The buyer claims after 3 months that the engine was defective. I have a clause – what now?

If you did not know about the defect – the clause does its job: warranty excluded, demands unfounded. If you knew and concealed it – the clause does not work (Article 558 § 2), and the dispute will shift to evidence: advertisement, correspondence, expert opinion. Therefore, archive the advertisement and messages with the buyer.

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

Nothing, if you reported the transfer within 30 days – from that moment, fines and fees burden the buyer listed in the report. Without reporting: monetary penalty and months of rectifying someone else's speed cameras.

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

The premium for the unused period is refunded only if the buyer terminates the acquired policy – then you receive a refund for the period after termination. 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 with a tax base of up to 1,000 PLN is exempt (Article 9 point 6 of the PCC Act). There are ongoing works in the Sejm to raise the threshold (a parliamentary project: 5,000 PLN, after the first reading; a competing proposal from the Ministry of Finance: 3,000 PLN) – currently, the threshold is 1,000 PLN.

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

Gather evidence (vehicle history, SKP opinion), file a report of the crime (Article 306a of the Penal Code), and call on the seller to settle – deceit opens the way for you despite the warranty clause: withdrawal from the contract (one year from detection) or demand for price reduction/damages.

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