Import from the USA
US car import broker: contract, deposit, power of attorney and red flags
Most cars from US auctions reach Poland through a broker — a private buyer usually has no dealer licence for Copart or IAAI and doesn’t know the logistics. That makes sense. But in February 2026 Auto Świat warned about “we’ll help you import a car” ads in which buyers lose their advance — or, worse, become the formal importer of a car with an understated customs value. The difference between a good and a bad broker usually only shows in the contract. Below: what to check before you send money.
Three ways of working — and who carries the risk
| Model | Who is the importer | Risk to you |
|---|---|---|
| A company buys the car and sells it to you in Poland | The company | Lowest — you buy a car with an invoice and have a buyer’s rights |
| A broker bids for you, the auction invoice is in your name, contract with a company | You | Medium — you’re liable for customs declarations, but you have a contract and a counterparty |
| A private individual acting under your power of attorney | You | Highest — the intermediary isn’t a party to the deal, and the consequences (including criminal-fiscal ones) are yours |
The key question is who is named as importer on the customs declaration. That person is liable for the declared value. Auto Świat explains that under a power of attorney a dishonest intermediary “is not a party to the transaction”, so the consequences — including criminal-fiscal ones — fall on the buyer, while the intermediary, often living abroad, is hard to trace afterwards.
Advance or deposit — not the same thing
An advance (zaliczka) is refunded if the contract isn’t performed, whatever the reason. A deposit (zadatek) under art. 394 of the Polish Civil Code works differently: if the party who paid it fails to perform, the other party may withdraw and keep it; if the party who received it fails, it must return double. For a buyer the advance is safer. If the contract says “zadatek”, read that clause twice.
What the broker contract must contain
- Full company details — name, NIP, address; check them in KRS or CEIDG, and the bank account on the VAT “white list” if the company is VAT-registered.
- Scope of service — bidding, paying the auction, towing, freight, clearance, delivery to Poland: what’s included and what isn’t.
- A written bid limit for the specific lot — the broker can’t bid above it without your consent.
- Whose name is on the auction invoice, and your right to a copy of it and the auction documents.
- Cost settlement — a flat fee or actual costs backed by invoices; the broker’s commission separately.
- Transport insurance and liability for damage after purchase.
- Deadlines — indicative loading, voyage and delivery dates, and what happens if they slip.
- Refund rules for the advance if the car isn’t won or the contract isn’t performed.
- Declaring the real value — a clause that the customs value matches the price actually paid.
- Liability for the car’s description — what if its condition on arrival differs materially from the auction listing.
Eight red flags
- A price “up to half of what it costs in Poland” and a stream of further “bargains”.
- Time pressure: “decide by tomorrow or the lot is gone”.
- A request for a power of attorney instead of a contract with a company.
- Payment to a private account, via payment intermediaries or in crypto.
- No auction invoice, or a refusal to show Copart or IAAI documents.
- An offer to understate the customs value “to make it cheaper”.
- No registered address or company details in Poland or the EU.
- Playing down a Salvage, Parts only or Junk title — see what a US car title means.
The right to withdraw from a distance contract
If you sign with a broker as a consumer online or by phone, you generally have 14 days to withdraw without giving a reason (art. 27 of the Polish Consumer Rights Act). That right ends, however, once the service has been fully performed with your express prior consent, given after being told of that consequence (art. 38(1)(1)). In practice: know what you’re agreeing to before the car is won.
What next
Before picking a broker, work out what the car will really cost — the full US import budget — and set the maximum bid you’ll write into the order. Taxes for any amount are in the USA import calculator. For a more expensive car, help with the contract and valuation is available through the VARTOCAR premium service.
Financing a US car? Compare a loan and a lease: Finumero →
This material is informational and is not legal advice on an individual case. Assessing a specific contract requires analysing its content and the circumstances in which it was made.
Frequently asked questions (FAQ)
Is it safer to import a US car through a broker under a power of attorney or a contract? A contract with a company is safer. Under a power of attorney for a private individual you are the party to the deal and the importer, so the consequences of mistakes or undervaluation, including criminal-fiscal ones, are yours, and the intermediary may be hard to trace.
What is the difference between an advance and a deposit when importing a car? An advance (zaliczka) is refunded if the contract isn’t performed. A deposit (zadatek, art. 394 of the Polish Civil Code) is forfeited if you fail to perform, and if the other side fails you’re owed double. For a buyer the advance is safer.
What should a US car import broker contract include? Company details, the scope of service, a written bid limit, whose name is on the auction invoice, how costs are settled, transport insurance, deadlines, refund rules for the advance and a clause on declaring the real customs value.
Can I withdraw from a broker contract signed online? A consumer generally has 14 days to withdraw from a distance contract. That right ends if the service has been fully performed with the consumer’s express prior consent, given after being told of that consequence.