Best Auto Dealer Fraud Lawyers in Proszowice

1. About Auto Dealer Fraud Law in Proszowice, Poland

In Proszowice, as in the rest of Poland, auto dealer fraud is addressed through a mix of civil and criminal law designed to protect consumers in vehicle purchases. When a dealer is a merchant, the buyer has protections under the Polish Civil Code (Kodeks cywilny) and the consumer rights regime. This means you can seek repairs, a replacement vehicle, price reductions, or even cancellation of the contract if a defect was present at delivery or if deceptive trade practices occurred.

Consumer protection also covers misrepresentation about odometer readings, accident history, and the condition of a vehicle. If fraud is intentional, criminal penalties may apply under the Polish Penal Code (Kodeks karny) for fraud or related offenses. The key public enforcement body in Poland for unfair practices is the Urząd Ochrony Konkurencji i Konsumentów (UOKiK), which investigates and enforces compliance against deceptive advertising or selling practices.

Polish consumer law provides a two-year warranty on goods sold by a merchant, including automobiles, for defects present at delivery.

For cross-border or cross-venue concerns, consumers can seek guidance from official resources such as the European Consumer Centre Poland. Local courts in the region handle civil disputes arising from auto dealer fraud, and UOKiK handles enforcement against unfair commercial practices.

Key authorities to consult include UOKiK for complaints and guidance, and ISAP for the official text of the laws. These sources provide the framework used by prosecutors and courts when evaluating auto dealer misconduct in Proszowice.

Note: When seeking legal help, you should confirm the current text of the applicable statutes on official government sites and consult a Polish-qualified lawyer who understands local court practices in Lesser Poland Voivodeship.

2. Why You May Need a Lawyer

• Hidden defect discovered after purchase A Proszowice buyer finds the engine misfires or transmission issues shortly after buying a used car from a local dealer. The buyer wants a repair under rękojmia or to rescind the contract if the defect cannot be fixed.
• Odometer fraud or misrepresentation A dealer advertised a low mileage vehicle, but inspection reveals a higher actual mileage. The buyer seeks compensation or contract termination.
• Undisclosed accident history or salvage title The vehicle was in a major collision, yet the dealer failed to disclose this. A lawyer helps pursue a price adjustment or contract rescission and refunds for outlays.
• Refusal to honor a promised warranty The dealer offers a written warranty but refuses to cover repairs after a defect appears. Legal counsel can enforce the warranty terms or seek damages.
• Misleading advertising or pre-contract misconduct Advertisement claims exaggerate fuel efficiency or vehicle condition. A lawyer can assist with UOKiK complaints and civil claims for damages.
• Cross-border purchase issues or cross-venue disputes If the transaction involved an online portal or distant sale, counsel can apply the right-to-withdraw and other consumer protections under EU and Polish law.

In Proszowice, engaging an adwokat or radca prawny with experience in consumer protection improves your odds. A local attorney can assess whether the facts qualify for rękojmia, assess evidence, and represent you in negotiations or in court. The law expects timely action, so consult counsel soon after discovering a potential issue.

3. Local Laws Overview

Kodeks cywilny (Polish Civil Code)

The Civil Code governs contract formation, sale of goods, and the warranty known as rękojmia for sold goods. For consumer purchases from merchants, defects known or latent at delivery can trigger a two-year claim period. An attorney can help you determine whether the defect qualifies and which remedy to pursue, such as repair, replacement, price reduction, or contract cancellation.

Practical takeaway for Proszowice residents: document all communications, collect the purchase agreement, invoices, and any advertising materials, and promptly report defects to the seller to preserve your rękojmia rights. Civil claims can be filed in local courts with support from a lawyer who knows local procedure and deadlines.

Rękojmia covers defects existing at delivery and defects that would make the car substantially unusable or unsafe.

Ustawa z dnia 30 maja 2014 r. o prawach konsumenta (Act on Consumer Rights)

The Consumer Rights Act provides standard protections for consumers in Poland, including certain rights for contracts concluded away from business premises and, in many cases, the right to withdrawal from a contract within a specified period for distance contracts. The act aims to ensure fair dealing and transparent information in vehicle sales and advertising.

In Proszowice, this means dealers must accurately present vehicle information, and buyers may have recourse through UOKiK or civil action if misleading statements occurred. Always verify the current provisions on official sources for any updates or transitional arrangements.

The Act on Consumer Rights consolidates many EU consumer protections into Polish law, including contract clarity and withdrawal rights.

Ustawa z dnia 16 lutego 2007 r. o ochronie konkurencji i konsumentów (Competition and Consumer Protection Act)

This statute prohibits unfair commercial practices, including deceptive advertising, misrepresentation, and other protective measures against merchants engaged in improper conduct. UOKiK enforces these provisions and can impose penalties for violations that affect consumers in Proszowice.

Practical impact: if a dealer misleads you about the car’s condition, mileage, or history, this law provides a strong basis for a complaint and potential civil or administrative remedies.

Unfair commercial practices harming consumers are prohibited under this act and enforced by UOKiK in Poland.

4. Frequently Asked Questions

What is auto dealer fraud in Poland?

Auto dealer fraud is when a seller misrepresents vehicle condition, odometer readings, or history to induce a purchase. It can involve civil liability under the Civil Code and criminal charges under the Penal Code for fraud.

How do I document a misrepresented odometer in Proszowice?

Gather the sale contract, any advertisements, service records, and independent inspection reports. Photograph the vehicle and compare to dealer statements. A lawyer can help you submit evidence to support a warranty or civil claim.

What is the typical warranty period for used cars in Poland?

Under the Civil Code, there is a two-year warranty period for goods sold by a merchant. The warranty covers defects existing at delivery, subject to proof and exceptions in the contract.

Can I withdraw from a vehicle purchase after signing a contract?

Withdrawal rights depend on contract type and whether the sale was distance or off-premises. The Consumer Rights Act provides some withdrawal protections for certain contracts. Consult with a lawyer to confirm applicability in your case.

Should I contact UOKiK for a car deception issue?

Yes. UOKiK handles unfair commercial practices and may investigate deceptive advertising or misrepresentation by dealers. They can guide you on next steps and remedies.

Do I need a Polish attorney to pursue auto dealer fraud claims?

Yes. Local statutes and court procedures require a licensed Polish attorney (adwokat or radca prawny) to represent you in most civil matters in Proszowice and Kraków region.

How long does a typical consumer claim take in Poland?

Civil claims can take several months to over a year, depending on court schedules, complexities, and appeals. Early mediation can shorten timelines in some cases.

Is odometer fraud a criminal offense?

Yes. Odometer fraud can be treated as a criminal offense under the Penal Code if intentional deception is proven, which can lead to criminal charges and penalties.

What evidence should I gather before meeting a lawyer?

Collect the sales contract, vehicle history report, advertising materials, service receipts, and any communications with the dealer. Photo or video evidence of defects is also valuable.

Where can I file a complaint about a dishonest car dealer in Proszowice?

You can file complaints with UOKiK and pursue civil action with the help of a lawyer. The official UOKiK site provides guidance on submitting complaints and what information to include.

Can I pursue a cross-border consumer dispute related to a vehicle sale?

Yes, EU consumer protections may apply, and ECC Poland provides guidance on cross-border disputes. A lawyer can help determine applicable remedies and enforcement paths.

5. Additional Resources

• Urząd Ochrony Konkurencji i Konsumentów (UOKiK) - National authority that enforces consumer protection and competition laws, handles complaints about unfair practices, and provides guidance for consumers in Poland. https://www.uokik.gov.pl
• European Consumer Centre Poland (ECC Poland) - Provides information and assistance for cross-border consumer issues within the EU, including vehicle sales. https://konsument.gov.pl
• Official legal texts (ISAP) - Poland's government legal database with current versions of the Civil Code, the Act on Consumer Rights, and other statutes. https://isap.sejm.gov.pl

6. Next Steps

1. Clarify your goal Decide if you want a repair, replacement, price reduction, or contract cancellation. Write down your preferred outcome before consultations. Timeline: 1-3 days.
2. Collect evidence Gather the contract, ads, odometer readings, inspection reports, photos, and repair invoices. Timeline: 1-2 weeks.
3. Find a Polish-licensed lawyer Look for an adwokat or radca prawny with consumer protection and auto dealer fraud experience in the Lesser Poland region. Timeline: 1-3 weeks.
4. Consult for feasibility Schedule an initial consult to assess whether rękojmia or criminal avenues apply. Bring all documents. Timeline: within 1 week of contact.
5. Evaluate remedies and costs Discuss fee structures, potential contingencies, and expected costs. Timeline: 1-2 weeks after consult.
6. Decide on enforcement path Choose between negotiation, mediation, UOKiK complaint, or civil action. Timeline: 1-4 weeks after decision.
7. Initiate proceedings if needed Your lawyer files the appropriate civil claim or complaint. Timeline: several weeks to months to file; court timelines apply.