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Used goods from a dealer are defective: the statutory warranty

Even when buying used goods from a dealer, you have statutory warranty rights. Unlike a private purchase, the commercial seller cannot exclude the statutory warranty vis-a-vis consumers, but can at most shorten the period.

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Your chances of getting your money back

When buying used goods from a business, warranty rights exist; the limitation period can be shortened to one year vis-a-vis consumers, but not excluded (§ 476 BGB). Here too, within the period, the reversal of the burden of proof applies.
In the event of a defect you can demand supplementary performance and, if it fails, reduce the price, withdraw or claim damages. Normal signs of use, however, are not a defect.

What you should do now

  1. 1

    1. Check the period

    Clarify whether a valid shortening to one year was agreed.

  2. 2

    2. Report the defect

    Report the defect and demand supplementary performance.

  3. 3

    3. Escalate your rights

    If supplementary performance fails, reduce the price, withdraw or claim damages.

  4. 4

    4. Secure evidence

    Keep the receipt, the item description and proof of the defects.

How to spot the scam

  • The dealer excludes the statutory warranty entirely.
  • A genuine defect is dismissed as a normal sign of use.
  • The shortened one year period is about to expire.

Frequently asked questions

Do I have a statutory warranty on used goods from a dealer?

Yes. A commercial seller cannot exclude the statutory warranty vis-a-vis consumers, but for used items can at most shorten the limitation period to one year (§ 476 BGB). In the event of a defect you have the normal defect rights.

What counts as a defect with used goods?

A defect exists if the goods deviate negatively from the agreed or customary condition. Normal, age-appropriate signs of use, on the other hand, are not a defect if they were to be expected. What matters is what was to be expected according to the description and age.

How do I proceed with a defect?

Report the defect to the dealer and demand supplementary performance, that is, repair or replacement. If it fails, you can reduce the price, withdraw or claim damages. Within the period, the reversal of the burden of proof helps you. Secure the receipt and evidence.

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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.