May I refuse acceptance because of a single defect?

Only if it is material (§ 640 Abs. 1 Satz 2 BGB). A crooked windowsill generally does not justify refusal; a leak in the roof certainly does. For immaterial defects you accept — but expressly SUBJECT TO the defects you have notified; this preserves your rights.

I have already signed the acceptance record. Is everything lost?

No, but it becomes more difficult. For defects that you knew of at acceptance and did not reserve, you lose your rights (§ 640 Abs. 3 BGB). Hidden defects that only appear later are unaffected — for buildings the limitation period there is five years (§ 634a Abs. 1 Nr. 2 BGB).

How much of the invoice may I withhold?

As a rule, twice the expected cost of remedying the defects (§ 641 Abs. 3 BGB) — not the entire invoice. If the repair is estimated at €800, withholding €1,600 is justifiable; the rest remains payable. Anyone who withholds everything across the board falls into default themselves.

The tradesperson refuses to attend the acceptance. What should I do?

Request a joint assessment of the condition of the work under § 650g BGB. If the tradesperson does not attend that either, you may carry it out unilaterally — record the condition with the date, photos and ideally a second person. That is your evidence if a dispute arises later.

Can I simply have someone else remedy the defect and deduct the costs?

Only after a deadline has expired without result. Self-remedy (Ersatzvornahme) under § 637 BGB requires that you have set the tradesperson a reasonable deadline for remedying the defect and that it has passed. If you instruct another firm beforehand, you are often left to bear the additional costs.

Consumers · Tradesperson defects

The tradesperson wants acceptance — but the work is defective

The work has not turned out as agreed — and now the invoice and the acceptance record are on the table. What you sign determines your rights.

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Deadline at a glance

Respond to every request for acceptance in time

§ 640 Abs. 2 BGB

There is no fixed statutory deadline in days. What matters is this: you must respond to a request for acceptance that sets a reasonable deadline and name at least ONE specific defect — otherwise the work may be deemed accepted. As a consumer, this deemed acceptance applies only if you were informed of this consequence in text form.

It is an AI, not a person: nobody looks at your individual case, and we do not know who signs up or for what reason. That is why we give pointers, but no legal advice on the individual case. Guidelines and playbooks in the platform are only guardrails: the AI relies on the available sources and your information. AI can make mistakes — check important results, and if in doubt, ask a lawyer.

Typical risks in this scenario

What we pay special attention to

Curated from real cases. The AI review flags exactly these points in your document.

Acceptance signed, defects not noted in the record: you lose your rights regarding exactly these defects (§ 640 Abs. 3 BGB).
No reply at all to the request for acceptance — the work can then be deemed accepted under § 640 Abs. 2 BGB.
Refusal because of trifles: insignificant defects do not justify refusing acceptance.
Withholding the entire invoice — § 641 Abs. 3 BGB generally covers only twice the cost of remedying the defects.
The work has already been put into full use: a strong indication of implied acceptance.
On refusal, no joint assessment of the condition under § 650g BGB was requested — later it is one person's word against the other's.
Remedying the defect yourself or commissioning another firm before a deadline was set: reimbursement of costs under § 637 BGB requires that a deadline was set without success.
If the VOB/B has been validly incorporated, different acceptance and deadline rules apply (§ 12 VOB/B).

What you can do here in 5 minutes

Acceptance (Abnahme) is the most important moment of a contract with a tradesperson: it makes payment due (§ 641 BGB), passes the risk to you — and above all reverses the burden of proof. After that, YOU must prove that a defect already existed beforehand. However, you may refuse acceptance only on account of MATERIAL defects (§ 640 Abs. 1 Satz 2 BGB). And if you do not respond at all to a request for acceptance that sets a deadline, you risk deemed acceptance (Abnahmefiktion) under § 640 Abs. 2 BGB — though as a consumer only if the tradesperson has informed you of exactly this consequence in text form.

Upload the quote or contract, the invoice and your list of defects (ideally with photos as a PDF) — we classify each defect as material or immaterial, draft the notice of defects with a deadline and calculate what part of the invoice you may withhold.

How it works

Results in three steps

Upload your documents

Quote or contract, invoice, acceptance record and your list of defects.

Classify the defects

For each defect: material (justifies refusal) or immaterial (reservation instead of refusal)?

Notice with a deadline

Notice of defects with a reasonable deadline for remedying them — and the amount you may withhold.

What you get

Upload your documents – Quote or contract, invoice, acceptance record and your list of defects.
Classify the defects – For each defect: material (justifies refusal) or immaterial (reservation instead of refusal)?
Notice with a deadline – Notice of defects with a reasonable deadline for remedying them — and the amount you may withhold.

What it is not

No technical assessment of whether a defect actually exists in the building work — an expert clarifies that.
No binding line between material and immaterial; that is a matter of judgment in the individual case.
No representation in independent evidence proceedings or in court.

FAQ

Common questions about this case

Transparency

What the AI checks — and what only a lawyer can decide

An AI is only as good as the question. We show openly where your answer is reliable and where you should speak with a lawyer.

For larger building projects, where the VOB/B has been agreed, where more than a few thousand euros are in dispute or where independent evidence proceedings (selbstständiges Beweisverfahren) are in prospect, you should involve a lawyer specializing in construction and architects' law.

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