Statutory warranty: your rights for defects and the difference from a guarantee

What is the statutory warranty?

Anyone who sells something must provide the item "free from material defects and defects of title" (Sec. 433 (1) sentence 2 BGB). If they do not, the buyer has the rights under Sec. 437 BGB. In everyday language, these rights for defects are called the statutory warranty.

• It arises automatically with the contract of sale, without a signature and without a surcharge.
• It is directed against the seller, not against the manufacturer or the platform.
• It covers defects that were present in the item on handover, not later damage caused by you or normal wear and tear.

The statutory warranty applies to every purchase, including between private individuals. Whether it can be excluded depends on who is selling to whom. For tradespeople, the law on contracts for work applies (Sec. 634 et seq. BGB). Under a service contract, for example for advice, only the activity is owed; there is no statutory warranty there as with a purchase, and in the case of poor performance, damages remain (Sec. 280 (1) BGB).

Statutory warranty and guarantee: the difference

A guarantee (Garantie) is something a person promises voluntarily in addition to the statutory liability for defects, for example to refund the purchase price, to replace the item or to repair it (Sec. 443 (1) BGB). It applies alongside the statutory warranty and does not replace it.

Feature	Statutory warranty	Guarantee
Basis	law (Sec. 434 et seq. BGB)	voluntary declaration or advertising (Sec. 443 BGB)
Who is liable	seller	guarantor, usually the manufacturer
Mandatory	yes, cannot be excluded by a trader towards consumers	no
Duration	generally 2 years from delivery	according to the guarantee declaration
Requirement	defect present or inherent on handover	guarantee event according to the terms
Rights	repair or replacement, then withdrawal, price reduction, damages	whatever the terms promise
Costs	free of charge for you (Sec. 439 (2) BGB)	depending on the terms
Proof	consumers: presumption in the first 12 months (Sec. 477 BGB)	durability guarantee: presumption during its term (Sec. 443 (2) BGB)

Towards consumers, a guarantee declaration must be easy to understand, name the guarantor, the procedure and the duration, and point out that the statutory rights remain free of charge and unaffected. You must receive it on a durable medium at the latest on delivery (Sec. 479 (1) and (2) BGB). Goodwill (Kulanz), by contrast, is an accommodation without any legal obligation. If a trader carries out a repair "as a goodwill gesture", make clear that you are claiming under the statutory warranty.

What is covered by the statutory warranty? The concept of a defect

An item is free of defects if, at the passing of risk, usually on handover, it meets three requirements (Sec. 434 BGB):

• Subjective: the agreed quality, suitability for the use assumed under the contract, the agreed accessories and instructions. Example: the mileage is higher than stated in the contract.
• Objective: suitability for ordinary use and the usual quality, including durability, functionality and safety. Advertising statements by the manufacturer also count (Sec. 434 (3) BGB).
• Installation: incorrect installation by the seller or as a result of faulty instructions is a defect (Sec. 434 (4) BGB).

Delivery of a different item is equivalent to a defect (Sec. 434 (5) BGB). There is a defect of title if third parties can assert rights in the item (Sec. 435 BGB).

Repairability: For contracts of sale from 31 July 2026, it forms part of the usual quality (Sec. 434 (3) sentence 2 BGB). Between businesses, this only applies to contracts concluded after 31 December 2027 (Art. 229 Sec. 72 EGBGB).

Wear and tear from normal use is not a defect. If a part lasts significantly less long than usual, its durability may be defective.

If you knew of the defect when you bought the item, you generally have no rights in respect of it (Sec. 442 (1) BGB). This does not apply when you buy from a trader as a consumer (Sec. 475 (3) sentence 2 BGB); there, the trader must specifically point out a deviating characteristic, for example with B-stock goods, and agree it expressly and separately (Sec. 476 (1) sentence 2 BGB).

What rights do you have if there is a defect?

The rights apply in a sequence: first, the seller gets the chance to remedy the defect (Sec. 437, 439 BGB).

Stage 1: cure, i.e. repair or a new item

You choose between removal of the defect and delivery of an item free of defects (Sec. 439 (1) BGB). If the type of cure you chose is disproportionately expensive, the seller may switch to the other (Sec. 439 (4) BGB).

• Costs of transport, travel, labour and materials are borne by the seller (Sec. 439 (2) BGB); as a consumer, you can demand an advance (Sec. 475 (5) BGB).
• Installed items: If, for example, you laid tiles before the defect became apparent, the seller also pays for removal and reinstallation (Sec. 439 (3) BGB).
• No compensation for use in the case of replacement towards consumers (Sec. 475 (3) sentence 1 BGB).
• Duty to inform: For purchases from 31 July 2026, the trader must inform you as a consumer, before cure, of your right to choose and of the 12-month extension in the case of repair (Sec. 475 (4) BGB).

As a consumer, you do not have to set a deadline: the trader must carry out cure within a reasonable period from your notification of the defect (Sec. 475 (6) BGB). In a private purchase and between businesses, you set a reasonable deadline (Sec. 281, 323 BGB).

Stage 2: withdrawal or price reduction

If the deadline expires without success, if the seller refuses or if cure fails, you can withdraw from the contract or reduce the price (Sec. 323, 440, 441 BGB). A repair is generally deemed to have failed after the second unsuccessful attempt (Sec. 440 sentence 2 BGB). Consumers do not need to set a deadline if a defect appears despite an attempted repair or if the defect is so serious that immediate withdrawal is justified (Sec. 475d (1) BGB).

• Withdrawal: The purchase price and the item are returned, and benefits derived must be handed over (Sec. 346 (1) BGB). Withdrawal is excluded if the defect is minor (Sec. 323 (5) sentence 2 BGB). In a consumer sale of goods (Verbrauchsgüterkauf), the trader bears the costs of returning the item (Sec. 475 (7) BGB).
• Price reduction: You keep the item and pay less, even for minor defects (Sec. 441 (1), (3) BGB).

Example of price reduction: You buy a sofa for €600. Free of defects, it would be worth €800; with the stain on the cover, €600. The price is reduced in the same proportion: €600 times 600 / 800 gives €450. You get €150 back (Sec. 441 (4) BGB).

In addition: damages

The seller is liable for damage caused by the defect, such as the costs of an expert, if they are responsible for the defect; this is presumed, and they must prove otherwise (Sec. 437 no. 3, Sec. 280 (1) sentence 2 BGB). Instead of damages, you can claim wasted expenditure (Sec. 284 BGB).

How long does the statutory warranty last? The warranty period

The warranty period is a limitation period. After it expires, the seller can refuse cure and damages, and withdrawal and price reduction are ineffective if the seller relies on limitation (Sec. 438 (4) and (5), Sec. 218 BGB). It begins on delivery, and for land on handover (Sec. 438 (2) BGB), not only when the defect is discovered.

Case	Period	Start	Provision
Purchase of movable items, new or used	2 years	delivery	Sec. 438 (1) no. 3 BGB
Used goods from a trader to a consumer, validly shortened	at least 1 year	delivery	Sec. 476 (2) BGB
Building, for example a house you buy	5 years	handover	Sec. 438 (1) no. 2 (a) BGB
Building materials that caused the defect in the building	5 years	delivery	Sec. 438 (1) no. 2 (b) BGB
A third party's right to demand return of the item, or a right entered in the land register	30 years	delivery or handover	Sec. 438 (1) no. 1 BGB
Fraudulently concealed defect	3 years from the end of the year of knowledge, for buildings not before 5 years	end of the year	Sec. 438 (3), Sec. 195, 199 BGB
Contract for work on a thing	2 years	acceptance	Sec. 634a (1) no. 1, (2) BGB
Contract for work on a building	5 years	acceptance	Sec. 634a (1) no. 2, (2) BGB

You can find all other periods in the guide Limitation.

When does a 5-year statutory warranty apply?

When you buy a building, and for items that are usually installed in a building and have caused a defect in it, for example windows or roof tiles (Sec. 438 (1) no. 2 BGB). With tradespeople, 5 years apply to work on a building (Sec. 634a (1) no. 2 BGB). Electrical appliances, furniture and cars remain at 2 years. Contracts for the purchase of used houses often exclude liability for material defects; we check the draft before the notary appointment with Property purchase contract review for a fixed price of €259.

Extension for consumers: 4 months, 2 months, 12 months

When you buy from a trader as a consumer, the following also applies (Sec. 475e BGB):

1. Defect shortly before the period ends: limitation no earlier than 4 months after the defect first appeared (Sec. 475e (3) BGB).
2. Goods with the trader: limitation no earlier than 2 months after the repaired or new goods are returned to you (Sec. 475e (4) BGB).
3. Repair instead of replacement: the original period is extended once by 12 months (Sec. 475e (5) BGB), for contracts of sale from 31 July 2026 (Art. 229 Sec. 72 EGBGB).

Example of 4 months: The washing machine is delivered on Monday, 10 March 2025; the regular period ends at the end of 10 March 2027. On Monday, 22 February 2027, the fault appears. The claim does not become time-barred before the end of 22 June 2027.

Example of 12 months: The notebook is delivered on Monday, 5 October 2026; without a repair, the period ends at the end of 5 October 2028. If you have the display repaired in 2027, the period ends at the end of 5 October 2029.

If you and the seller negotiate about the defect, limitation is suspended, and it occurs no earlier than 3 months after the negotiations end (Sec. 203 BGB). If the seller acknowledges the claim, it starts again (Sec. 212 (1) no. 1 BGB); whether a repair is an acknowledgement depends on the individual case.

Reversal of the burden of proof (Beweislastumkehr): what applies in the first 12 months

In principle, the buyer must prove that the defect was present on handover. If you buy as a consumer (Sec. 13 BGB) from a business (Sec. 14 BGB), it is presumed that the goods were already defective on handover if a deviating condition appears within one year (Sec. 477 (1) sentence 1 BGB). The trader must then prove, for example, an operating error.

• 6 or 12 months? For contracts of sale from 1 January 2022, one year applies, before that 6 months (Art. 229 Sec. 58 EGBGB). For live animals, it remains 6 months (Sec. 477 (1) sentence 2 BGB).
• After 12 months, the statutory warranty continues to exist, but you must prove the defect on handover yourself, often by means of an expert report.
• No presumption if it is incompatible with the nature of the goods or of the defect (Sec. 477 (1) BGB).
• Private purchase and B2B: the presumption does not apply.

Excluding or shortening the statutory warranty: who may do what?

Sale	New items	Used items	Provision
Trader to consumer	no exclusion, not less than 2 years	at least 1 year, only after a specific notice and an express, separate agreement, not in the small print	Sec. 476 (1) and (2) BGB
Business to business, in terms and conditions	shortening to at least 1 year	more extensive exclusion possible	Sec. 307, 309 no. 8 (b), 310 (1) BGB
Private individual to private individual or to a trader	exclusion possible	exclusion possible	Sec. 444 BGB

If the seller fraudulently concealed a defect or gave a quality guarantee, no exclusion will help them (Sec. 444 BGB). Towards consumers, attempts to circumvent the rules are also ineffective (Sec. 476 (4) BGB); only damages may be limited by the trader within the limits of Sec. 307 to 309 BGB (Sec. 476 (3) BGB). What a shop may regulate in its terms and conditions is explained in the guides What belongs in terms and conditions? and Legal texts for online shops.

Private sale: excluding the statutory warranty

Without an agreement, you are also liable for 2 years as a private seller. However, you can clearly exclude liability for material defects; in our assessment, the widespread reference to an alleged "EU law" is not enough. If you use the same text for many sales, the rules on terms and conditions may apply; liability for injury to life, body and health and for gross fault may then not be excluded (Sec. 309 no. 7 BGB). More on this in our article This one sentence protects private sellers on classified ad sites. Whatever you expressly assure, for example "accident-free", can count as an agreed quality despite the exclusion.

"Bought as seen" (gekauft wie gesehen)

According to the widespread interpretation, this wording only covers defects that were recognisable on inspection without specialist knowledge, not hidden ones. In any case, a trader cannot exclude anything towards consumers with it (Sec. 476 (1) BGB).

Statutory warranty for used cars

From a dealer: 2 years, which can be shortened to 1 year only after a specific notice before the contract is concluded and an express, separate agreement (Sec. 476 (2) BGB). A complete exclusion is ineffective, as are attempts to circumvent the rules (Sec. 476 (4) BGB). In the first 12 months, the presumption of Sec. 477 BGB applies.

Wear and tear and engine damage: Worn brake pads often correspond to the age and mileage and are then not a defect. Engine damage is a warranty case if its cause was already present on handover and is not due to wear and tear or driving errors.

Private: The exclusion is customary and valid, except in the case of fraud or a guarantee (Sec. 444 BGB).

Statutory warranty between businesses (B2B)

Between businesses, Sec. 434 et seq. BGB apply without consumer protection: no presumption on proof, no extensions under Sec. 475e BGB, and exclusion and shortening are largely possible.

• Duty to give notice of defects (Rügepflicht): If the purchase is a commercial transaction for both sides, you must inspect the goods without delay and notify defects without delay, and hidden defects without delay after discovery. Otherwise, the goods are deemed approved (Sec. 377 (1) to (3) HGB). Dispatching the notice in time is sufficient (Sec. 377 (4) HGB).
• Recourse: If a trader has to take back a newly manufactured item or reduce the price, they can take recourse against the supplier (Sec. 445a BGB).
• Repairability only applies to contracts from 1 January 2028 and can be contracted out of (Art. 229 Sec. 72 EGBGB, Sec. 434 (3) sentence 4 BGB).

In B2B, terms of delivery and purchasing conditions often decide more than the law. Our Contract review provides a written review report within 24 hours before you sign, for a fixed price of €259.

Statutory warranty for tradespeople and construction work

Work by tradespeople is usually done under contracts for work. Unlike with a purchase, the contractor chooses whether to repair or produce the work anew (Sec. 635 (1) BGB), and the period runs from acceptance: 2 years for work on a thing, 5 years for work on a building (Sec. 634a BGB). If the VOB/B has been validly agreed, a standard period of 4 years applies to buildings. Details in the guide Contract for work.

After the statutory warranty expires: guarantee, goodwill and the right to repair

• Guarantee: With a manufacturer's durability guarantee, for purchases from 31 July 2026 you have at least a claim against the manufacturer for cure (Sec. 479 (3) BGB).
• Right to repair: Since 23 July 2026, the manufacturer of certain goods must repair them at a consumer's request if no (or no longer any) warranty rights exist (Sec. 479a, 479b BGB). This covers product groups from Annex II of Directive (EU) 2024/1799, for example washing machines, dishwashers, smartphones and tablets. The repair is free of charge or for a reasonable fee (Sec. 479b (3) BGB); indicative prices must be published online (Sec. 479d (2) BGB). If the manufacturer is based outside the EU, its authorised representative is liable, otherwise the importer, otherwise the distributor (Sec. 479f BGB).
• Goodwill: voluntary, with no entitlement.

New in retail: Since 27 September 2026, traders must inform consumers prominently, with a uniform EU notice, of the statutory warranty and its minimum duration of 2 years, and additionally with an EU label where the manufacturer offers a free durability guarantee of more than 2 years. This applies to online retail (Art. 246a Sec. 1 (1) sentence 1 nos. 11 and 11a EGBGB) and in shops, except for everyday transactions performed immediately (Art. 246 (1) nos. 5 and 5a, (2) EGBGB).

Claiming under the statutory warranty: step by step

1. Document: photos, video, date the defect first appeared, receipt, delivery date.
2. Check the period: delivery date plus 2 years (used goods from a trader possibly 1 year); under 12 months, the presumption applies to a purchase from a trader.
3. Write to the seller, not the manufacturer: describe the defect, demand repair or replacement, and make sure you can prove receipt.
4. Set a deadline if you did not buy from a trader as a consumer.
5. Do not accept goodwill without checking; insist on the statutory warranty.
6. If refused: declare withdrawal or price reduction, quantify the damage and, before the period ends, apply in good time for a court order for payment (Mahnbescheid) or bring an action (Sec. 204 (1) nos. 1 and 3 BGB).