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Buying a car from a dealer gives you as a consumer certain rights if the car turns out to be defective. In some cases, it may be appropriate to cancel the purchase, i.e. return the car and get your money back. This guide provides an overview of when and how you can cancel a car purchase from a dealer.

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When can you raise your car purchase?

In order to be able to cancel a car purchase, the following conditions must be met:

1. Defect in the car: The car has a defect if it does not correspond to what was agreed, or if it is in worse condition than you could reasonably expect based on, for example, the car's price, age and mileage.
2. Not insignificant defect: The defect must be of some importance; trivial errors do not provide grounds for revocation.
3. Complaint within the deadlines: You must have complained about the defect within a “reasonable time” after you discovered or should have discovered it, and no later than five years after you took over the car.

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Procedure for canceling a car purchase

Follow these steps if you want to cancel your car purchase:

1. Advertisements for the dealer:
   1. Written complaint: Inform the retailer of the defect as soon as possible, preferably in writing. Describe the defect and state what you are requesting, such as repair, price reduction or cancellation of the purchase.
2. Give the dealer the opportunity to correct the error:
   1. Attempted repair: The retailer usually has the right to attempt to repair the defect. If the defect cannot be repaired, you may be entitled to cancel the purchase.
3. Submit a request for a raise:
   1. Written cancellation request: If the conditions for cancellation are met, send a written request to the retailer explaining why you wish to cancel the purchase and requesting a refund of the purchase price.
4. Return the car and receive a refund:
   1. Return: If you agree to cancel, return the car to the dealer and receive a refund of the purchase price. Please note that the dealer may claim a deduction for the use you have had of the car, known as a usage deduction.

Important considerations

• Documentation: Keep all correspondence with the dealer and other relevant documentation, such as workshop reports and expert assessments.
• Expert assessment: If there is any doubt about the fault, it may be a good idea to have a neutral professional assess the car. You can usually claim the cost of this from the insurance company if your case is successful.
• Legal assistance: If the dealer rejects your claim, it may be helpful to contact an automotive attorney with experience in buyer's law for further guidance.

Canceling a car purchase is a process that requires certain conditions to be met and proper procedures to be followed. By following the steps above and seeking professional help if necessary, you can safeguard your rights as a consumer.

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Discovering defects or deficiencies in a newly purchased car can be frustrating, especially if the seller refuses to cancel the purchase. It is important to know what your rights are as a buyer and what steps you can take to resolve the situation.

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Car purchases are regulated by various laws

When you buy a car, you as a private individual have rights under either the Consumer Purchase Act (when buying from a dealer) or the Purchase Act (when buying from a private individual). If you have bought a car from a private individual, the defect must be significant for you to be able to cancel the purchase. However, if you have bought from a car dealer, the law is more favorable to you as the buyer. This applies regardless of whether you have bought a new car or a used car from a dealer.

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When does the car have a defect?

The car must be delivered in the agreed condition and have the equipment and features that the seller has stated in connection with the sale, whether the sale is through a dealer or a private individual. What you can expect depends, among other things, on the information in the sales advertisement, the purchase contract, the condition report and other information from the seller.

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The seller has a special responsibility for the information provided about the car. If the seller provides incorrect information or fails to inform about important matters, this may be considered a defect.

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Your rights

If the car has a defect that was not disclosed at the time of purchase, you may be entitled to:

• Correction: The seller will repair the error at no cost to you.
• Redelivery: Get a similar car that is free of defects.
• Price reduction: Get a reduction in price equal to the shortage.
• Cancellation of purchase: Return the car and get your money back.

If the car has a defect, the seller should generally be given the opportunity to correct the defect. If this is not possible, replacement may be an alternative. In practice, this most often happens when purchasing newer cars. If correction or replacement is not an option, a price reduction may be appropriate. The reduction is calculated based on the value of the car with and without the defect.

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In some cases, the defect is of such great importance that cancellation may be applicable. If you have bought a car from a private individual, more is required to be able to cancel the purchase, in which case the defect must be significant . If you have bought from a dealer, the defect is required to be not insignificant. In that case, the seller must prove that the defect is insignificant. It is therefore easier to cancel a car purchase as a consumer if you have bought from a dealer/business operator, than when buying from private individuals.

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Remember the deadlines for complaints

A complaint means that you inform the seller about the defect. This should be done in writing to have documentation. There are two deadlines to adhere to:

• Relative deadline: Within a reasonable time after you discovered or should have discovered the defect.
• Absolute deadline: Two years after you received the car, or five years if the car was purchased from a dealer.

It is important to comply with both deadlines to maintain your rights.

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What do you do if the seller refuses to cancel the purchase?

A defective car can lead to significant costs, and attorney and litigation expenses can be very high. Since each car case is unique, it may be a good idea to contact an auto lawyer for a free evaluation of your case.

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A car accident can have significant consequences for both health and finances. It is therefore important to be aware of what rights you have when it comes to compensation after such an incident.

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Your rights after a car accident

In Norway, all owners of motor vehicles are required to have liability insurance in accordance with the Motor Vehicle Liability Act. This insurance covers damage caused by the vehicle, regardless of fault. This means that if you are injured in a traffic accident, you are generally entitled to compensation for both personal injuries and financial losses as a result of the accident.

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What can you get compensation for?

The compensation must cover the losses you have suffered as a result of the accident. This may include:

• Medical expenses : Costs for treatment, medication and rehabilitation.
• Lost income : Loss of income as a result of not being able to work for a period of time.
• Compensation : Compensation for permanent medical disability that reduces the quality of life.
• Compensation : Compensation for non-economic loss, in cases where the tortfeasor has acted grossly negligently or intentionally.

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How do you go about claiming compensation?

1. Secure evidence : After the accident, you should document the scene of the accident, the vehicle involved and any damage. Take pictures and write down the sequence of events in as much detail as possible.
2. See a doctor : Even if the injuries seem minor, it is important to see a doctor for a thorough examination. This also ensures the necessary documentation.
3. Report the damage to the insurance company : Contact the insurance company as soon as possible and report the damage. Provide all relevant documentation, including medical certificates and receipts for expenses.
4. Consider legal assistance : Compensation cases can be complex. A lawyer with experience in personal injury compensation can help you ensure that you receive the compensation you are entitled to.

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Important deadlines

It is important to be aware of limitation periods. In general, compensation claims must be submitted within three years from when you became aware of the damage. Failure to meet these deadlines may result in you losing your right to compensation.

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Coverage of legal expenses

In many cases, the insurance company will cover reasonable and necessary legal expenses in connection with the compensation case. It is therefore wise to investigate this with the insurance company and possibly engage a lawyer who can assist you through the process.

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Being well informed and acting quickly after a car accident is essential to securing your rights. By following this advice, you are better equipped to handle the situation and get the compensation you are entitled to.

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If you have any questions in connection with your case, you can book a meeting with us at Insa lawyers , completely free of charge.