Advice on sale of goods law
Whether you have bought a vehicle, a machine or a work of art: if a defect becomes apparent after handover, the question arises of subsequent performance, withdrawal, price reduction or damages. We advise buyers and sellers.
The key points at a glance
Buyer's rights in respect of defects
If the item purchased is defective, the buyer may first demand subsequent performance – at the buyer's choice, either remedying the defect or delivery of an item free from defects. If this fails or is refused, withdrawal, price reduction and damages may be considered (§§ 437 et seq. BGB).
Limitation
Claims for defects in the sale of movable goods generally become time-barred two years after delivery, and five years in the case of buildings and building materials (§ 438 BGB). Longer periods apply to defects that were fraudulently concealed.
Consumer sales
Where a consumer buys from a business, additional protective provisions apply. If a defect becomes apparent within one year of handover, it is presumed to have existed at the time of handover (§ 477 BGB).
Exclusion of warranty
Between private individuals and between businesses, warranty can be largely excluded – but not for defects that were fraudulently concealed or for guarantees that have been given (§ 444 BGB).
How we proceed
We examine the purchase contract, the correspondence and the defect – with the support of an expert where necessary.
We set deadlines for subsequent performance, declare withdrawal or price reduction and quantify damages claims.
We negotiate with the other side and, if necessary, represent you in court – on the buyer's side as well as on the seller's.
Frequently asked questions
Can I withdraw from the purchase contract immediately?
As a rule, no. The seller must first be given the opportunity to provide subsequent performance, usually by setting a reasonable deadline. Exceptions apply, for example, where subsequent performance is refused or cannot reasonably be expected.
Does the warranty also apply to second-hand goods?
Yes. Where a business sells to a consumer, the limitation period for second-hand goods may, under certain conditions, be shortened to one year, but it cannot be excluded entirely.
Your contacts
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich