🔧 Statutory warranty and defects

If goods are broken or wrong, sellers are liable. You are entitled to repair or replacement. For new goods, 2 years apply.

Statutory warranty (Gewährleistung) Defect Cure (Nacherfüllung) Reversal of the burden of proof Limitation period Rescission (Rücktritt) Price reduction (Minderung) Right to repair

In brief

If the goods you bought have a defect, the seller is liable. This is called the statutory warranty (Gewährleistung). It applies regardless of any manufacturer's guarantee.

First you can demand repair or replacement delivery.
If that does not work, you can reduce the price or withdraw from the contract.
If the defect appears in the first year, it is presumed to have been there from the start.
New goods: the claim becomes time-barred after 2 years.

Step by step

Document the defectPhotos, video, description of the fault, proof of purchase.
Report the defectWrite to the seller, not the manufacturer. Set a deadline for putting it right.
Choose cureYou choose: repair or a defect-free item.
Escalate if it failsPrice reduction, withdrawal from the contract or advice from the Verbraucherzentrale.

Deadlines

2 years

Limitation of claims for defects (otherwise); since 31 July 2026 up to 3 years after repair (§ 475e Abs. 5 BGB)§ 438 Abs. 1 Nr. 3 BGB

1 year

Reversal of the burden of proof in the consumer's favour from transfer of risk§ 477 Abs. 1 BGB

at least 1 year

Lower limit for shortening the period for second-hand goods§ 476 Abs. 2 BGB

Watch out – common mistakes

The limitation period begins with delivery of the item (§ 438 Abs. 2 BGB), not with the purchase date in the shop.
For second-hand goods, shortening to 1 year is only permitted if the consumer was informed of it separately before making their contractual declaration and it was agreed expressly and separately (§ 476 Abs. 2 S. 2 BGB).
After the first year, you will more likely have to prove the defect yourself.
Right to repair: new rules in 2026, see the specialist section.

In depth · legal basis, figures and practice – for advisers and professionals

Rights under § 437 ff. BGB

Under § 439 Abs. 1 BGB, the buyer may, as cure, demand at their choice the removal of the defect or the delivery of a defect-free item. Rescission and price reduction follow if cure fails; the detailed requirements were not retrieved from the statutory text here.

Reversal of the burden of proof, limitation

§ 477 Abs. 1 BGB: If a condition deviating from the requirements under § 434 or § 475b appears within one year of the transfer of risk, it is presumed that the goods were already defective at the transfer of risk; for live animals, six months. For goods with digital elements with continuous provision, a presumption of two years applies under § 477 Abs. 2 BGB. § 438 Abs. 1 Nr. 3 BGB: limitation in two years; for a fraudulently concealed defect the regular limitation period applies (§ 438 Abs. 3 BGB). § 476 Abs. 2 BGB prohibits a limitation period of less than two years, and for second-hand goods of less than one year, if agreed before notification of the defect. Shortening to one year for second-hand goods additionally requires that the consumer was informed of it separately before making their contractual declaration and that it was agreed expressly and separately (§ 476 Abs. 2 S. 2 BGB).

Right to repair 2026

Implementation of Directive (EU) 2024/1799: promulgated in BGBl. 2026 I Nr. 212 of 22 July 2026, in force since 23 July 2026, applicable to purchase contracts from 31 July 2026. Under § 475e Abs. 5 BGB, if repair is chosen, the limitation period is extended once by 12 months (up to 3 years). Manufacturer's repair obligation: §§ 479a ff. BGB (new subtitle 4). Repairability is an objective requirement for the goods.

Who is responsible

Seller (not manufacturer) as contact
Verbraucherzentrale
Universalschlichtungsstelle (universal arbitration body) or Amtsgericht (local court)

Quick questions

Worum geht es bei „Statutory warranty and defects“?

If goods are broken or wrong, sellers are liable. You are entitled to repair or replacement. For new goods, 2 years apply.

Which deadlines and figures matter?

2 years: Limitation of claims for defects (otherwise); since 31 July 2026 up to 3 years after repair (§ 475e Abs. 5 BGB) (§ 438 Abs. 1 Nr. 3 BGB)
1 year: Reversal of the burden of proof in the consumer's favour from transfer of risk (§ 477 Abs. 1 BGB)
at least 1 year: Lower limit for shortening the period for second-hand goods (§ 476 Abs. 2 BGB)

What should I do first?

Document the defect: Photos, video, description of the fault, proof of purchase.
Report the defect: Write to the seller, not the manufacturer. Set a deadline for putting it right.
Choose cure: You choose: repair or a defect-free item.

What do I need to watch out for?

The limitation period begins with delivery of the item (§ 438 Abs. 2 BGB), not with the purchase date in the shop.
For second-hand goods, shortening to 1 year is only permitted if the consumer was informed of it separately before making their contractual declaration and it was agreed expressly and separately (§ 476 Abs. 2 S. 2 BGB).
After the first year, you will more likely have to prove the defect yourself.

Evidence

gesetze-im-internet.de, §§ 438, 439, 476, 477 BGB, retrieved 20 September 2026
Deutscher Bundestag, Bundestag stimmt Recht-auf-Reparatur-Richtlinie zu, retrieved 20 September 2026
BGBl. 2026 I Nr. 212 of 22 July 2026 (right to repair; §§ 475e, 479a ff. BGB)

As of

September 2026 · Sources and method

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