Glossary · Consumer purchase law

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Reversal of the burden of proof

A rule for your protection: if a defect appears at the retailer within the first year after purchase, it is presumed to have been present at the time of purchase. The retailer must prove otherwise.

Explained in more detail

As a rule, the buyer has to prove that the goods were already defective at handover. When a consumer buys from a business, § 477 BGB reverses this: if a defect appears within one year of the transfer of risk, usually the handover, the goods are presumed to have been defective at that point. The presumption does not apply if it is incompatible with the nature of the goods or of the defect. Until the end of 2021 the period was six months; since 1 January 2022 it is twelve. After that the statutory warranty continues, but the buyer has to prove themselves that the defect existed from the start. The reversal of the burden of proof does not apply to private sales. This summary applies to German law and is not legal advice.

Where does the term come from?

The burden of proof determines who has to prove a fact. Reversal means that this duty passes from the buyer to the seller. Section 477 BGB carries exactly this heading.

In practice

• Report a defect as early as possible and in writing, with the date and photos or video.
• The presumption applies for twelve months from handover. A defect in the 13th month is still a statutory warranty case, but you then have to prove that it was already present at purchase.
• For used devices from a retailer, the reversal of the burden of proof applies as well, but the statutory warranty itself can be shortened to one year there.
• Normal wear is not a defect. The presumption only helps if the device actually has a fault.

Not to be confused

The reversal of the burden of proof is not a separate deadline for complaints: the statutory warranty lasts two years, and the reversal of the burden of proof only regulates who has to prove what in the first year.

Frequently asked questions

What changes after twelve months?

The statutory warranty continues until the end of the two years, but you now have to prove yourself that the defect was already present at handover.

Does the reversal of the burden of proof apply when buying through Kleinanzeigen?

Only if the seller is a business. In a private sale it does not apply.