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.

Figures checked against the statute text on October 25, 2026 by Cong Ho, editor of LawAsked.

Who must prove a defect, by country
Country Presumption periodBurden of proofUsed goods
Germany 1 yearSeller must prove defect did not exist at delivery1 year same as new
Australia Reasonable timeSupplier must prove goods complied with guaranteesReasonable 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
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
Bürgerliches Gesetzbuch (Kaufrecht und Verbraucherverträge, §§ 312–312k, 433–480), § 477 BGB. Official text

Statute text as of October 23, 2026

Australia

Rule
ACL § 262
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
Competition and Consumer Act 2010 (Schedule 2 ACL), Schedule 2, Section 262. Official text

Statute text as of October 21, 2026

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.

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LawAsked, “Who must prove a defect, by country”, https://lawasked.com/guides/burden-of-proof-defects (reviewed October 25, 2026).

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