Warranty rights play a crucial role in purchase contracts, rental agreements, and contracts for works under the German Civil Code. Alongside the general breach of contract provisions, these areas of law have specific liability regimes tailored to each type of contract. While the individual warranty rights may differ only slightly, these small distinctions can be decisive when defending against unjustified liability claims.
When a defect is present in the object at the time of risk transfer or in the performance of a work at the time of acceptance, the relevant warranty law comes into effect. The concept of material defect holds significant importance in warranty law.
Under § 437 BGB, buyers have specific warranty rights. In addition to the warranty rights provided by sales law, the law governing contracts for works grants purchasers the right to remedy defects themselves (§§ 634, 635 BGB).