Gewährleistungspflicht

Gewährleistungspflicht, often translated as warranty obligation or liability for defects, is a legal concept primarily found in German law and other civil law systems. It refers to the seller's statutory responsibility to ensure that a product or service is free from defects at the time of sale. This obligation arises by operation of law and cannot be completely excluded by contract, although its scope can be modified under certain circumstances.

When a defect exists, the buyer has several rights against the seller. These typically include the right to rectification (repair), replacement of the defective item, a reduction in the purchase price, or in some cases, rescission of the contract (withdrawal from the purchase) and a refund of the purchase price. The buyer must generally notify the seller of the defect within a reasonable time after discovering it.

The duration of the Gewährleistungspflicht varies depending on the type of product or service and whether it is new or used. For new movable goods, it is generally two years from delivery. For used movable goods, the warranty period can often be reduced by contract. Immovable property (real estate) has a longer warranty period, typically five years.

It is important to distinguish Gewährleistungspflicht from a voluntary guarantee (Garantie). A guarantee is a contractual promise made by the seller or manufacturer that goes beyond the statutory obligations of Gewährleistungspflicht, often offering additional benefits or a longer duration.