Å oppleve at en selger trekker seg fra en avtale kan være frustrerende og skape usikkerhet. Det er viktig å vite hvilke rettigheter du har som kjøper, og hvilke skritt du kan ta i en slik situasjon.
I norsk rett er hovedregelen at avtaler er bindende når begge parter har kommet til enighet om vesentlige vilkår. Dette gjelder uavhengig av om avtalen er inngått muntlig eller skriftlig. For eksempel, dersom en selger aksepterer ditt bud på en bolig, anses avtalen som bindende for begge parter, selv om dere ikke har skrevet under en skriftlig avtale.
Hvis selgeren trekker seg fra en bindende avtale uten gyldig grunn, har du som kjøper flere muligheter:
Det finnes situasjoner hvor selger kan ha rett til å trekke seg fra avtalen, for eksempel dersom det foreligger vesentlige misforståelser, manglende betaling fra kjøper, eller andre forhold som gjør avtalen ugyldig. Hver sak er unik, og det er derfor viktig å vurdere alle omstendigheter nøye.
Å håndtere et avtalebrudd kan være komplisert, men med riktig informasjon og bistand kan du ivareta dine rettigheter som kjøper. Ta gjerne kontakt med en av våre advokater for individuell veiledning!
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.
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.
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.
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.
If the car has a defect that was not disclosed at the time of purchase, you may be entitled to:
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.
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.
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:
It is important to comply with both deadlines to maintain your rights.
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.
Have you bought a car with defects and want to make a claim against the seller?
The threshold for contacting a lawyer should not be high. If you are concerned about costs, your car insurance policy is likely to cover legal expenses up to €100 000. The policyholder will have to pay a deductible of between €2,000-5,000, plus 20% of any expenses incurred over and above the deductible, but the insurance company will bear the brunt of the cost.
Example: if your total legal costs are € 60 000 and your own contribution is € 2 000, in addition to the € 2 000, you will have to pay 20% of € 58 000. In this example, you would have to pay a total of €13,600 in excess. In other words, your car insurance policy potentially covers a large part of your legal expenses.
It is the insurance contract that regulates the conditions that must be met in order to obtain legal aid cover under the motor insurance policy. As a general rule, legal aid is granted from the moment a dispute arises. A dispute arises if you make a claim and the other party refuses. A lack of response from the other party (inaction) can also lead to a dispute under insurance law.
Note the insurance contract must have been concluded before the dispute arises. If the insurance was taken out after the dispute arose, the insurance is likely to refuse legal aid coverage.
As a general rule, the insurance does not cover expenses greater than your financial interest in the case. For example, if you want to cancel a car purchase and the car is worth NOK 300,000, the insurance may cover up to NOK 100,000 in legal expenses.
We can help you with your questions about legal aid coverage.
If you have any questions about the content of this article or would like assistance in a dispute with a car seller, you can contact us without obligation here.
Have you bought a house with defects and want to make a claim against the seller? Buying a home is one of the most important investments most of us will ever make. That's why it's crucial that the property meets our expectations and is in the condition we expect.
If you as a buyer discover defects in the property after the purchase, it may be a good idea to contact a lawyer for guidance in the claims process. If you have home contents insurance, it will probably cover the cost of a lawyer up to NOK 100,000. 100 000. As a rule, the policyholder only has to pay a deductible of between NOK 2,000-5,000, plus 20 percent of the expenses incurred in excess of the deductible. In other words, the insurance company covers the lion's share of the legal expenses. The threshold for contacting a lawyer should therefore not be high, especially if you fear high legal costs.
Example: if the total legal costs are NOK 60,000 and the deductible is NOK 2,000, in addition to the NOK 2,000, you must pay 20% of NOK 58,000 (NOK 60,000 - NOK 2,000). In this case, you must therefore pay a total of NOK 13,600 yourself. In other words: your home contents insurance will potentially cover a large part of your legal expenses.
The insurance company may also cover expenses in connection with the preparation of a valuation report or expert report.
The insurance contract regulates the conditions that must be met in order to obtain legal aid coverage through the home contents insurance. As a general rule, legal aid is granted from the time a dispute arises. A dispute arises if you submit a claim and the other party refuses, i.e. at the time the disagreement arises. A lack of response from the other party (inaction) may also mean that a dispute exists under insurance law.
ATTENTION: The insurance contract must have been concluded before the dispute arises. If the insurance was taken out after the dispute arose, the insurance will probably refuse legal aid coverage.
It is also good to know that the insurance generally does not cover expenses greater than the financial interest in the case.
If you have questions or need help with your case, book a free consultation with us here.
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