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Emergency

Service poorly performed: what rights do you have?

If a work service, for example a repair, a conversion or a cleaning, is performed defectively, you have rights similar to those when buying. The focus is initially on the claim to supplementary performance, that is, on removal of the defect.

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Your chances of getting your money back

If a work is defective, you can demand supplementary performance; if it fails, a price reduction, withdrawal or damages and, under certain conditions, self-remedy come into consideration (§ 634 BGB). The requirement is usually a deadline for rectification.
You can withhold part of the remuneration as long as the defect is not removed. Precise documentation of the defect strengthens your position.

What you should do now

  1. 1

    1. Document the defect

    Record the defect with photos and a description.

  2. 2

    2. Demand rectification

    Ask the service provider to remove the defect and set a deadline.

  3. 3

    3. Withhold remuneration

    Withhold a reasonable part of the payment until the defect is removed.

  4. 4

    4. Use further rights

    If rectification fails, reduce the price, withdraw or claim damages.

How to spot the scam

  • The full invoice is to be paid immediately despite the defect.
  • Rectification is refused.
  • The defect is not documented.

Frequently asked questions

What rights do I have with a defective service?

With a defective work service you can demand supplementary performance, that is, removal of the defect. If it fails, you can reduce the price, withdraw or claim damages and, under certain conditions, have the defect removed yourself (§ 634 BGB). Usually a deadline must be set beforehand.

Do I have to pay the invoice despite the defect?

You can withhold a reasonable part of the remuneration as long as the defect is not removed. That is an effective means of pressure. You should pay the undisputed part. Withhold an amount that is in a reasonable proportion to the defect.

What is self-remedy?

If the service provider does not remove the defect despite a deadline, you can under certain conditions have it removed yourself or by a third party and demand the necessary costs reimbursed. Document the setting of the deadline and the costs carefully.

Take action now

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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.