Bought a car with hidden defects and flaws? This is what you should know

Discovering hidden defects and defects after purchasing a car can be frustrating and costly. Fortunately, Norwegian law gives you, the buyer, certain rights in such situations. Here is an overview of what you should know and how you can proceed:

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What are hidden defects and deficiencies?

Hidden defects and defects refer to problems with the car that were not visible or known at the time of purchase, and that affect the value or functionality of the car. This can include mechanical defects, electrical problems, or structural damage that was not discovered during a routine inspection.

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Your rights as a buyer

Your rights depend on whether you bought the car from a private individual or a dealer:

• Purchase from a retailer: The Consumer Purchase Act applies and gives you a five-year period to file a complaint. You must report the defect within a reasonable time after you discovered it, normally within two months.
• Purchase from a private individual: The Norwegian Sales Act applies, with a two-year warranty period. Here too, you must report the defect within a reasonable time after you discovered it.

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How to deal with hidden errors and defects

1. Document the fault: Take photos, videos and write down details of the problem. An independent assessment from a repair shop can strengthen your case.
2. Contact the seller in writing: Inform the seller of the defect as soon as possible and state what you want: repair, price reduction or cancellation of the purchase. Written communication provides proof that you have made a complaint within the deadline.
3. Give the seller the opportunity to correct the error: The seller usually has the right to attempt to correct the error before considering other measures. This must be done without significant inconvenience to you and within a reasonable time.

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When can you cancel your purchase?

Cancellation of the purchase means that the agreement is cancelled, and both parties return what they have received. This is applicable when:

• Material defect: The defect is so serious that it constitutes a material breach of contract.
• Failure to rectify: The seller has failed to rectify the error after repeated attempts or within a reasonable time.

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What about “as is” reservations?

Many used cars are sold with the condition “as is”. This limits the seller’s liability, but does not completely exempt them. You can still make a claim if:

• Misinformation: Seller has provided incorrect information.
• Withheld information: Important information about the car's condition has been withheld.
• Significantly worse condition: The car is in significantly worse condition than you could reasonably expect.

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Seek legal assistance if necessary.

If you cannot reach an agreement with the seller, it may be a good idea to contact a lawyer with experience in purchase law . Many insurance policies cover legal fees in such cases. Book a free, no-obligation meeting with one of our car lawyers.