Purchase contract, defects and rights

In short: A purchase contract is formed informally through offer and acceptance and establishes rights in case of defective goods. Buyers have clearly regulated statutory claims if the goods are not as agreed.

In more detail: A defect exists when the goods do not correspond to the agreed or usual condition.

In detail

• Material defect: A deviation in quality, quantity or characteristics that were agreed or to be expected.
• Legal defect: Exists when third parties have rights to the goods, for example stolen goods.
• Order of claims: First subsequent performance (repair or replacement), only then reduction in price or withdrawal.
• Setting a deadline: Buyers usually must give the seller a reasonable deadline for repair.
• Damages: Can additionally be claimed if the defect caused further damage.
• Securing evidence: Photos and written documentation of the defect make enforcing claims easier.
• Mind deadlines: The two-year statutory warranty period should be kept in mind (gewaehrleistung-vs-garantie).