When you buy a home, you as the buyer have a duty to investigate. This means that you are responsible for familiarizing yourself with the condition of the home – both before you enter into an agreement and after you have taken possession of the property. If you fail to follow up on this responsibility, you could, in the worst case, lose the opportunity to complain about errors and defects later.
In this article, we explain what the duty to investigate entails, what laws apply, and how you as a home buyer can best protect yourself against unpleasant surprises.
As a home buyer, you are legally required to familiarize yourself with the information available before placing a bid. This is regulated in the Norwegian Sale of Property Act, Section 3-10, and means that you cannot later complain about matters that you should have discovered in advance.
Once your bid is accepted, the contract is considered concluded. From this point on, you basically cannot make a claim for an error that you should have known about.
The duty to inspect does not stop at the time of taking over. According to the Norwegian Disposal Act, Section 4-9 , you as the buyer must inspect the property as soon as you have taken over it. This is important to find any defects and deficiencies that may give rise to a complaint.
The complaint period starts from the time you discover, or should have discovered, the defect. If you wait too long to investigate, you risk losing your right to complain, if you should have discovered the defect during such an investigation.
Understanding and following the inspection requirement is crucial for you as a home buyer. Failure to thoroughly inspect the home before and after purchase can have serious consequences.
Have you found yourself in a dispute after purchasing a home? Our property lawyers can help you assess the case and protect your rights. Contact us here for a free, no-obligation consultation.
Many people are offered homebuyer insurance by real estate agents - but what does this insurance actually cover, and is it worth the money?
Homebuyer's insurance is an insurance that entitles you to legal assistance in connection with the purchase of a home. You are also entitled to expert assistance, such as appraisal reports and other investigations necessary to uncover the extent of the defect. It does not cover the repair of the actual defects and deficiencies in the home, but the legal fees you incur if you have to complain or take legal action against the seller.
This is completely different from home seller insurance, which the seller can and should have. There, the insurance protects against financial loss and covers costs related to hidden defects or deficiencies that are discovered after the sale. In other words, home seller insurance is a liability insurance, which also covers legal assistance if you are sued after the home sale.
There are usually no ongoing costs beyond the insurance deductible.
Homebuyer's insurance may be particularly relevant if you are buying a home with uncertain or high risk of hidden defects. This often applies to older homes, homes with inadequate documentation, or if you feel that the condition report does not provide sufficient reassurance.
The insurance gives you extra security if something goes wrong, and reduces the risk of high legal fees in the event of a dispute. As the insurance also covers reports and awarded legal costs, we recommend that everyone purchase homebuyer insurance - even if you have legal expertise yourself.
Many homeowners insurance policies include legal aid coverage , which provides legal assistance in disputes after purchasing a home. This coverage often has lower limits and higher deductibles than homebuyer insurance, but may be sufficient in some cases.
Before you purchase homebuyer insurance, you should therefore:
Home seller insurance is an insurance policy that a seller can take out to cover their liability for hidden defects and deficiencies in the home. If a defect is discovered that was present before the takeover, but that no one knew about, you as the buyer can file a claim, and then the insurance company steps in instead of the seller.
For you as a buyer, this means a greater likelihood that you will actually receive compensation and that the case will be handled more quickly and professionally. Therefore, you should always check in the sales document whether the seller has taken out home seller insurance. This gives you as a buyer a stronger starting point in the event of hidden defects.
Have you found yourself in a dispute after purchasing a home? Our property lawyers can help you assess the case and protect your rights.
Contact us here for a free, no-obligation conversation.
Buying a home is a big investment and for most people the biggest financial decision of their lives. Unfortunately, for some, the home turns out not to be what they expected. There may be serious defects or deficiencies that were not disclosed in advance. In some cases, these deficiencies may be so serious that you have the right to cancel the home purchase. But what does canceling a home purchase actually mean, and what does it take to be able to claim it?
When a home purchase is cancelled, it means that the purchase agreement is terminated. The home is transferred back to the seller, and you get the purchase price back. The parties should initially be treated as if the purchase had never taken place – you should receive compensation for any enrichment you have caused to the home through renovation work, but deductions for the benefit you have had from the home. However, a cancellation settlement is an intrusive legal action, and strict requirements are therefore imposed for your claim to be successful.
In order to cancel a home purchase, there must be a defect that constitutes a material breach of contract. That is, the defect must be so serious that it constitutes a clear breach of the contract and makes it unreasonable to expect you, the buyer, to be bound by the contract.
A specific assessment must be made to determine whether the threshold for "material" has been reached. The assessment emphasizes, among other things, the following points:
Typical examples of defects that may provide grounds for an increase include extensive moisture and rot damage, illegal construction or construction defects that significantly shorten the life of the home.
If you are considering raising your home purchase, it is important to act quickly and document everything. Follow these steps:
1. Complain in writing : Notify the seller as soon as you discover the defect. This must be done within a reasonable time – normally within 2–3 months. If you wish to cancel, you must notify this within the same period. This is not necessary if you are only requesting a price reduction or compensation .
2. Document the defects thoroughly : Use professionals, such as appraisers or building consultants, to document the damage. Photos, reports, and emails can be important evidence .
3. Seek legal assistance : Revocation is a demanding process. An attorney experienced in property disputes can assess whether the conditions are met and represent you, if necessary in court. The earlier the attorney is involved, the better advice you will be able to get to navigate the case.
Canceling a home purchase is possible, but only when there is a defect that constitutes a material breach of contract that makes it unreasonable to expect you to abide by the agreement. If you are unsure of your rights, it may be a good idea to contact a lawyer with experience in home purchases .
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.
Get in touch and we'll find out what you need help with, free of charge!
Call us at 21 09 02 02
If it is not urgent, we ask that you book a 15 minute video meeting with us by clicking on this link.
Urgent?
Call us on 21 09 02 02
Book time with us
Book time with us
Voice message via WhatsApp
.svg)
