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Reversal of the burden of proof when buying: a defect in the first year

Anyone who has bought a defective item normally has to prove that the defect already existed at handover. For purchases by consumers, a statutory presumption helps during the first year, which makes enforcing the defect rights considerably easier.

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Your chances of getting your money back

If a defect appears within twelve months of handover in a consumer goods sale, it is presumed that the item was already defective at handover (§ 477 BGB). The seller then has to prove the opposite.
After the first year ends, the burden of proof reverses: then you as the buyer have to show that the defect was already present at handover. That is why it is advantageous to assert defects early.

What you should do now

  1. 1

    1. Check the timing

    Clarify whether the defect occurs within the first year.

  2. 2

    2. Report the defect

    Report the defect to the seller promptly and demand supplementary performance.

  3. 3

    3. Use the presumption

    In the first year, rely on the reversal of the burden of proof.

  4. 4

    4. Secure evidence

    Document the defect, the purchase date and the correspondence.

How to spot the scam

  • The seller makes a blanket claim of an operating error.
  • Asserting the claim is delayed beyond the first year.
  • Proof of the purchase date and the defect is missing.

Frequently asked questions

What is the reversal of the burden of proof?

In a consumer goods sale it is presumed that a defect appearing within twelve months of handover already existed at handover (§ 477 BGB). During this time it is not the buyer who has to prove that the defect existed from the start, but the seller who has to prove the opposite.

What applies after the first year?

After the twelve months end, you as the buyer bear the burden of proof: you have to show that the defect was already present at handover. That is often difficult, which is why you should report and assert defects as early as possible.

Does this also apply between private individuals?

No. The reversal of the burden of proof under § 477 BGB only applies to consumer goods sales, that is, when a consumer buys from a business. When buying between private individuals, this easing does not exist; there the statutory warranty is also often excluded.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.