Who must prove a defect, by country
In EU consumer law, defects discovered within 6-24 months are presumed to have existed at delivery, shifting the burden to the seller to prove otherwise. Non-EU countries have varying standards.
| Country | Presumption period | Burden of proof | Used goods |
|---|---|---|---|
| Germany | 1 year | Seller must prove defect did not exist at delivery | 1 year same as new |
| Australia | Reasonable time | Supplier must prove goods complied with guarantees | Reasonable time |
Under review
The statute text for these countries has changed since we last checked it, so their figures are hidden until we review them again: France, Spain, Austria, Netherlands, Sweden, Norway, Japan.
Country by country
Germany
- Rule
- BGB § 477
- Within one year of risk transfer (delivery), defects are presumed to have existed at delivery unless the seller proves otherwise or this is incompatible with the nature of the goods
Zeigt sich innerhalb eines Jahres seit Gefahrübergang ein von den Anforderungen nach § 434 oder § 475b abweichender Zustand der Ware, so wird vermutet, dass die Ware bereits bei Gefahrübergang mangelhaft war Australia
- Rule
- ACL § 262
- Defects within a reasonable time (considering the type of goods and their expected use) trigger consumer protection; burden on supplier
the period from the time of the supply of the goods to the consumer within which it would be reasonable to expect the relevant failure to comply with a guarantee Countries not in this table yet
No additional live countries are missing for this guide.
How this table was built
Every row is taken from the official, consolidated text of the statute, which LawAsked loads from each government’s legislation service.
Each figure is tied to a passage quoted word for word from that text. When the page is served, it checks that every quoted passage is still in the current text of a law that is in force; if a law is amended and its wording changes, that row is hidden until a person reviews it again.
The table shows the statutory minimum only. Collective agreements, awards and individual contracts often give more than the statute, and some countries let a collective agreement set different terms.
Use this data
The table and the CSV are free to reuse under CC BY 4.0: credit LawAsked and link to this page. Quoted statute text stays under the terms of its official source.
How to cite this page
LawAsked, “Who must prove a defect, by country”, https://lawasked.com/guides/burden-of-proof-defects (reviewed October 25, 2026).
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.