Kaufrechtsansprüche

Kaufrechtsansprüche refers to the legal rights a buyer has in a sales contract. These claims arise when the purchased item is defective or not as agreed upon. The primary goal of Kaufrechtsansprüche is to protect the buyer and ensure they receive goods that conform to the contract.

The most common Kaufrechtsansprüche are the right to subsequent performance (Nacherfüllung), which includes the right to repair or replacement of the defective item. If subsequent performance is not possible, fails, or is unreasonable, the buyer may have other options. These include the right to withdraw from the contract (Rücktritt), demanding a reduction in the purchase price (Minderung), or claiming damages (Schadensersatz).

The specific conditions and procedures for exercising these rights are detailed in the German Civil Code (Bürgerliches Gesetzbuch - BGB). For instance, the buyer typically must notify the seller of the defect within a specified period. The seller then generally has the opportunity to rectify the defect. The statute of limitations for these claims is also a crucial aspect, usually lasting for two years from the delivery of the goods for new items. For used goods, the period can sometimes be shorter if agreed upon. Understanding these rights is essential for consumers to ensure fair transactions when purchasing goods.