The contractor wants acceptance, but there are defects?
The commissioned work is finished, but there are still clear defects, and the contractor is pushing for 'acceptance'? Be careful: with acceptance the burden of proof shifts and the payment becomes due. With significant defects, you may refuse it.
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Clarify acceptance / defects →Your chances of getting your money back
What you should do now
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1. Check the defects
Is it about significant defects (function or appearance considerably impaired) or only minor issues? That determines whether you may refuse.
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2. Record the defects
Note all defects in the acceptance protocol and demand rectification within a deadline.
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3. Refuse if defects are significant
Refuse acceptance in writing and with reasons as long as significant defects exist.
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4. Reservation for partial acceptance
If you accept anyway, expressly reserve your rights regarding the known defects and withhold an appropriate part of the payment.
Frequently asked questions
May I refuse acceptance?
Yes, with significant defects. Only with acceptance does the work count as essentially in line with the contract; after that the payment becomes due and you bear the burden of proof for defects. As long as significant defects exist, you can refuse acceptance (§ 640 BGB).
What if I accept despite defects?
Then you should expressly reserve your rights regarding the known defects (reservation in the acceptance protocol) and withhold an appropriate part of the payment. Without a reservation you risk losing claims because of these defects.
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.