Your warranty now extends by twelve months when goods are repaired (in force since 31 July 2026) — what the 'right to repair' means for you

Since 31 July 2026, a repair extends your statutory warranty period by twelve months. I explain who this applies to, how the new period is calculated, and what to watch for the next time something goes wrong.

Your new fridge, your laptop or your washing machine develops a fault, the retailer repairs it — and a few months later something breaks again? Until now, that was simply bad luck: the two-year statutory warranty period carried on regardless, however many times the goods were repaired. Since 31 July 2026, that has changed. On 25 June 2026 the Bundestag passed the Act implementing EU Directive (EU) 2024/1799 — the “right to repair” — and for every contract of sale concluded from that date onwards a new rule applies that puts consumers in a noticeably stronger position.

In short

If you buy goods as a consumer from a trader and the retailer remedies the defect by repair (that is, by putting it right rather than replacing it), your original two-year statutory warranty period is extended, once, by twelve months — and it happens automatically, without your having to ask for it. This applies only to contracts of sale concluded on or after 31 July 2026, and only to consumer sales, meaning where you buy as a private individual from a trader. On top of that there are suspension-of-expiry rules: if a defect only shows up late in the day, the period does not run out on you straight away.

How I can help

• I check whether your contract of sale falls within the new rules, both in terms of timing and substance.
• I calculate the exact extended limitation period for you and record the relevant dates.
• I enforce your claims to repair, replacement, a price reduction or cancellation against the retailer if they dig their heels in.
• I step in where a retailer delays or refuses the repair, or keeps quiet about the extended period.

Who the new rule applies to — and who it doesn’t

The extension applies only to consumer sales under § 474 BGB: you must have bought as a consumer, and the seller must be a trader. If you buy from a private individual (say at a flea market or through a private small ad), or if you buy as a business for your company, the rule does not apply — there, the plain two-year period under § 438 (1) no. 3 BGB continues to apply, with no automatic extension.

The date the contract was concluded is also decisive: only those who concluded their contract of sale on or after 31 July 2026 benefit from the new rule. For contracts of sale from before that date, the old law continues to apply — there, a repair does not extend the period.

How the extension works in practice

The starting point is § 438 (1) no. 3 BGB: the ordinary warranty period is two years from delivery of the goods. If, when a defect arises, you opt for supplementary performance in the form of repair (rather than a replacement — the choice § 439 (1) BGB gives you) and that repair is actually carried out, the original limitation period is extended, once, by twelve months. Two years thus become three years from the original delivery — the extension is added “on top” and is not multiplied over and over by further repairs; it applies only once.

Alongside this, two suspension-of-expiry rules operate independently of the extension. If a defect appears while the period is still running, limitation does not set in before four months have passed from the point at which the defect first showed itself. And if you hand the goods to the retailer for repair, limitation does not set in before two months have passed from the return of the repaired goods. These rules of suspension prevent the period from running out on you precisely while a complaint is still being dealt with.

The standalone duty to repair for certain products

For certain product groups set out in the annex to the EU Directive (such as long-lasting household appliances and electronics), the new Act additionally introduces a standalone obligation on the manufacturer to repair, which applies even outside the running warranty period. This manufacturer-side duty is, in legal terms, to be kept separate from the extension of the limitation period under sales law — exactly which products and which time limits are affected is something I check in each individual case against the current state of the law, rather than making blanket promises here.

What you need to do for the extension to take effect

A practical point: document the repair. Note when you reported the defect, when the goods were handed over for repair, and when they were returned. These dates determine both the start of the suspension period and the proof that a repair — and not a replacement — was in fact carried out, because only a repair triggers the twelve-month extension.

A typical case

A consumer buys a washing machine from an electrical retailer in August 2026. After 20 months the control electronics fail, and the retailer repairs them under the warranty. Without the new rule, the claim would have lapsed once two years from purchase had passed — the repair alone would have made no difference to that. Under the new law, the repair that was carried out extends the period, once, by twelve months: if the machine fails again within this extended period, the buyer can once more demand supplementary performance — and, if necessary, reduce the price or cancel the contract if a second repair fails.

Common mistakes

• Repair without documentation: if you don’t record the hand-over and return dates, the extended period is hard to prove if it comes to a dispute.
• Confusing repair with replacement: only a repair extends the period — if you receive new goods instead of a repair, there is no automatic extension.
• Overlooking the contract date: purchases before 31 July 2026 do not fall under the new rule, even if the repair only takes place later.
• Waiting too long: even with the suspension rules, you should report a newly arising defect promptly, so as not to complicate questions of proof and timing unnecessarily.
• Accepting the retailer’s silence: some sellers won’t point out the extended period of their own accord — don’t rely on the retailer telling you about the new legal position unprompted.

Frequently asked questions

Does the period also extend if the retailer supplies replacement goods instead of repairing them?

No. The twelve-month extension is tied to the repair — the goods actually being put right. If you receive a new, defect-free item instead, no automatically extended period from the old item carries over to it as a matter of principle — this needs to be examined closely on the facts of the individual case.

Does the extension also apply to used goods?

In principle yes, provided it is a consumer sale between a consumer and a trader and the contract was concluded on or after 31 July 2026. For public auctions of used goods, special rules apply under § 474 (2) BGB where you were clearly told in advance that the consumer-sales provisions were excluded.

Can the period be extended more than once if the goods are repaired more than once?

No. The wording of the statute expressly speaks of a single extension of twelve months. Further repairs within the already extended period do not trigger a fresh extension.

What if the retailer refuses or delays the repair?

The seller may only refuse the type of supplementary performance you have chosen if it is possible only at disproportionate cost. If they delay the repair unreasonably or refuse it without good reason, you may be entitled to a price reduction, cancellation of the contract or damages.

Do I have to claim the extension myself?

No — it takes effect by operation of law as soon as the repair has been carried out. In practice, it is nonetheless advisable to have the retailer confirm the date and scope of the repair in writing, so that you can prove the extended period if a dispute arises.

Your next step

Whether your contract of sale falls within the new rules, how long your particular period actually runs, and what claims you have if a defect recurs all depend on the individual case — from the date of purchase, through the type of supplementary performance carried out, to the documentation of the repair. Bring me your proof of purchase, the repair record and your correspondence with the retailer, and in an initial consultation I’ll clarify which period applies to you and how we enforce your claims. You’ll find more on contract-law topics at /en/topics/contract-law.

This is general legal information and is no substitute for legal advice in the individual case.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-08-07.

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