Nachbesserungsansprüche

Nachbesserungsansprüche, often translated as claims for rectification or repair, are a fundamental concept in German contract law, particularly in sales and work contracts. They arise when a purchased item or a completed work is defective. The buyer or client has the right to demand that the seller or contractor remedy the defect. This means the seller or contractor must, at their own expense, repair the faulty item or rework the deficient service to bring it into conformity with the contract.

The right to Nachbesserung is typically the primary right of the aggrieved party. Before demanding other remedies such as price reduction, withdrawal from the contract, or damages, the defect must generally be presented to the seller or contractor, and they must be given a reasonable opportunity to perform the rectification. This principle ensures that the seller or contractor has a chance to fix the problem before more drastic legal consequences are pursued.

The specifics of Nachbesserungsansprüche, including what constitutes a reasonable timeframe for rectification and the definition of a defect itself, are detailed within the German Civil Code (Bürgerliches Gesetzbuch - BGB). If the seller or contractor fails to rectify the defect within the set timeframe or if rectification is impossible or has failed, the buyer or client may then pursue alternative remedies.