Sales law
What is meant by sales law and which cases does it cover?
Purchased a defective item?
The purchase law according to § 433 ff. BGB
The law of purchase is regulated in §§ 433 ff. of the German Civil Code (BGB) and forms the legal basis for purchase contracts in Germany. It defines the rights and obligations of buyers and sellers and includes a large number of provisions that are important for the conclusion and implementation of a purchase contract.
The purchase contract
A purchase contract is concluded when two parties - the seller and the buyer - agree on the essential elements of the contract. These consist in particular of the object of purchase and the purchase price. According to Section 433 of the German Civil Code (BGB), the seller undertakes to hand over the sold item to the buyer and to give him ownership of it. The buyer, in turn, undertakes to pay the agreed purchase price and to accept the purchased item.
Buyer’s warranty rights
A key aspect of sales law is the buyer's warranty rights, which apply if the purchased item is defective. A defect exists if the item does not have the agreed quality or is not suitable for the usual use or use stipulated in the contract.
Example: Defects when buying a car
A typical example is the purchase of a car. If the buyer discovers after delivery that the car has a defect that he was not aware of when concluding the contract, he has various rights under the law:
1. Subsequent performance (§ 439 BGB): The buyer can demand that the seller remedy the defect or deliver a defect-free item.
2. Withdrawal from the contract (§ 323 BGB): If the subsequent performance has failed or the seller refuses it, the buyer can withdraw from the contract and demand a refund of the purchase price.
3. Reduction of the purchase price (§ 441 BGB): Instead of withdrawing from the contract, the buyer can reduce the purchase price, i.e. he pays a correspondingly lower amount.
4. Damages (§§ 280, 281 BGB): Under certain circumstances, the buyer can also demand damages if he has suffered additional damage due to the defect.
Conclusion
The law on sales ensures that both buyers and sellers have clear and regulated rights and obligations in the event of defects in an item. In particular, the buyer's warranty rights offer protection and ensure that buyers are not left with defective products. It is therefore important for buyers to know their rights in order to be able to act accordingly in the event of defects.
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