Defective Goods under German Law

If purchased goods are defective, German sales law may provide remedies such as subsequent performance, withdrawal, price reduction or damages, depending on the statutory requirements and the contract.

Back to Civil Law.

Identify the defect

The first question is what condition was agreed and how the delivered goods differ from it. Product description, order confirmation, advertising, photographs and correspondence can be important evidence.

Sequence of remedies

German sales law generally structures remedies around subsequent performance before withdrawal, reduction or certain damages claims, although exceptions may apply. Deadlines and the type of defect matter.

Evidence and limitation

The condition of the goods should be documented before repair, return or disposal. Limitation rules and special consumer-sales provisions may affect the claim.

Preparing a civil-law review

A focused civil-law review is easier when the contract, order documents, invoices, payment evidence, notices, correspondence and a short chronology are available. Photographs, product listings or other evidence should be preserved where quality, authenticity or performance is disputed. For monetary claims, due dates and previous demands for payment are also relevant.

The available remedy depends on the contract, defect, sequence of events and statutory conditions.