Bought a car in Poland as a Lithuanian buyer – discovered…
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Bought a car in Poland as a Lithuanian buyer – discovered a serious hidden structural defect. What are my legal options in the EU?
Hello everyone,
I’m looking for legal advice regarding a cross-border car purchase within the EU.
About a month ago I bought a 2013 Audi A5 from a company in Gdansk, Poland. I am a private buyer from Lithuania. The car was sold with an invoice and was advertised as a well-maintained vehicle.
After bringing the car home and driving it for a while, I started addressing some mechanical issues that appeared during normal use. For example, some suspension parts were worn (control arms, tie rod, rear shock absorbers) and the car had extremely low aftermarket lowering springs installed. I replaced those springs with OEM Audi S-line suspension to restore normal ride height.
Later, while diagnosing a failure of the high-pressure fuel pump, I had to disassemble parts of the engine bay. During that process I discovered something much more serious.
The front suspension strut tower is heavily corroded and partially detached from the chassis rail (longeron). The metal is so weak that when I press on the suspension mount area, the entire structure moves and even touches the engine. The car is clearly unsafe to drive and this defect could not have developed in just one month.
This was not visible during a normal inspection when buying the car and was never disclosed by the seller. It appears to be a hidden structural defect.
I already sent the seller:
a formal email
videos showing the defect
a request to cancel the contract and refund the purchase price
I referenced the Polish “rękojmia za wady” rules (seller liability for hidden defects under the Polish Civil Code).
At the moment I am waiting for their response.
My questions are:
As a Lithuanian buyer who purchased from a Polish company, what are my realistic legal options under EU law?
If the seller refuses, should I go through the European Consumer Centre (ECC-Net) or pursue legal action in Poland?
Am I responsible for transporting the vehicle back to Poland, even though the car is currently unsafe to drive?
Does the fact that I replaced the lowering springs with OEM suspension affect my legal position?
I have:
the purchase invoice
screenshots of the advertisement
messages with the seller
photos and videos of the defect
Any advice from people familiar with EU consumer law or Polish consumer protection law would be greatly appreciated.
Thank you.
#local
source
Hello everyone,
I’m looking for legal advice regarding a cross-border car purchase within the EU.
About a month ago I bought a 2013 Audi A5 from a company in Gdansk, Poland. I am a private buyer from Lithuania. The car was sold with an invoice and was advertised as a well-maintained vehicle.
After bringing the car home and driving it for a while, I started addressing some mechanical issues that appeared during normal use. For example, some suspension parts were worn (control arms, tie rod, rear shock absorbers) and the car had extremely low aftermarket lowering springs installed. I replaced those springs with OEM Audi S-line suspension to restore normal ride height.
Later, while diagnosing a failure of the high-pressure fuel pump, I had to disassemble parts of the engine bay. During that process I discovered something much more serious.
The front suspension strut tower is heavily corroded and partially detached from the chassis rail (longeron). The metal is so weak that when I press on the suspension mount area, the entire structure moves and even touches the engine. The car is clearly unsafe to drive and this defect could not have developed in just one month.
This was not visible during a normal inspection when buying the car and was never disclosed by the seller. It appears to be a hidden structural defect.
I already sent the seller:
a formal email
videos showing the defect
a request to cancel the contract and refund the purchase price
I referenced the Polish “rękojmia za wady” rules (seller liability for hidden defects under the Polish Civil Code).
At the moment I am waiting for their response.
My questions are:
As a Lithuanian buyer who purchased from a Polish company, what are my realistic legal options under EU law?
If the seller refuses, should I go through the European Consumer Centre (ECC-Net) or pursue legal action in Poland?
Am I responsible for transporting the vehicle back to Poland, even though the car is currently unsafe to drive?
Does the fact that I replaced the lowering springs with OEM suspension affect my legal position?
I have:
the purchase invoice
screenshots of the advertisement
messages with the seller
photos and videos of the defect
Any advice from people familiar with EU consumer law or Polish consumer protection law would be greatly appreciated.
Thank you.
#local
source
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