Lawyer within contract law

Getting handyman work done in your home can be both exciting and necessary – whether it's renovation, improvement or maintenance. But what do you do if the result isn't as agreed? Unfortunately, many people experience that the work doesn't meet the quality promised, or that the work is delayed or defective. Fortunately, as a consumer, you have rights – and the opportunity to complain.

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What does complaint mean?

A complaint means that you notify the craftsman that there is something wrong with the work performed. The notification should (but does not have to) be in writing and it must be clear that you are complaining about the work.

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Deadlines for complaints

There are two deadlines you must adhere to:

1. The absolute deadline is 5 years after the work was completed. After that, you generally cannot complain, unless the craftsman has acted with gross negligence or in breach of good faith.

2. The relative deadline is within a reasonable time after you discovered, or should have discovered, the defect. This means that you cannot wait months after you have seen the problem – as a rule, you should complain within two to three months.

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What can you claim?

If it turns out that there is a defect in the work, you as a consumer have several options:

• Correction : You can first and foremost demand that the craftsman correct the defect, at no extra cost to you. This is the most common and practical outcome, and the craftsman usually has the right to attempt to correct the defect before you can demand anything else.
• Price reduction : If correction is not possible, or does not occur within a reasonable time, you can demand a price reduction that is proportional to the defect.
• Termination of the agreement : In very serious cases – where the work is so defective that it is of no use to you – you may have the right to terminate the agreement. This means that you will not pay (or will be refunded) what you have already paid. At the same time, the craftsman is entitled to have materials returned to the extent possible without significant inconvenience or cost to the consumer. If it is not possible to return materials, the craftsman is entitled to payment for the value of the work to the consumer.
• Compensation : If you have suffered financial loss as a result of the defect, you may be entitled to compensation. This may include, for example, the costs of hiring a new craftsman to correct the defect.

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How to proceed

1. Document the deficiency.

Take pictures, collect receipts, and write down what's wrong.

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2. Send a written complaint to the craftsman.

Describe the defect clearly and what you are requesting (e.g. correction, price reduction). An email is fine, but make sure you can prove that the complaint has been sent .

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3. Give a reasonable time for response.

Two weeks is usually enough.

If the craftsman does not respond, rejects the claim or does not do anything about the defect within the deadline, you can contact the Consumer Authority for possible mediation. If it is a major case, it may be worth contacting a lawyer as soon as you discover the defect.

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How to avoid problems

To reduce the risk of conflict, it is important to have a written agreement with the craftsman, where the price, time frame and what is to be done are clearly stated. Also check references and whether the craftsman is registered in the Brønnøysund Register or has central approval - use reputable players.

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Legal assistance in case of a complaint against a craftsman

If you discover errors or deficiencies after craftsman work, you have rights under the Craftsman Services Act. The most important thing is to complain quickly and clearly, and to know what claims you can make. By taking action early and documenting the case well, you are in a stronger position – and increase the chance of a good solution. Do you want help assessing whether you have a case, or need help with complaining? Contact us for a free meeting.

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Buying a home is the biggest financial decision of most people's lives. When the home turns out to have serious defects that were not disclosed, you can in some cases cancel the entire purchase. But what does canceling a home purchase actually mean, and when are you entitled to do so?

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What does it mean to raise a home purchase?

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.

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When can you request to cancel your purchase?

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.

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When is a defect considered a material breach of 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:

• The defect's significance to the buyer : Does the defect have a major impact on the use of the home?
• Financial scope : How much is the shortfall in value, compared to the purchase price?
• Buyer's reasonable expectation : What could you, as a buyer, reasonably expect from the home? This can vary, among other things, depending on whether the property is new or old, has been marketed to a high or low standard, or has cost a lot or little in relative terms.
• Whether a price reduction is an adequate alternative : If a price reduction will restore the financial consequences of the breach of contract, and function as full financial compensation, it will take a lot to demand rescission.

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.

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How are you progressing?

If you are considering raising your home purchase, it is important to act quickly and document everything. Follow these steps:

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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 .

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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 .

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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.

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Do you need legal assistance?

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 .

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When purchasing expensive items such as a car, boat, electronics or furniture, errors and defects can quickly lead to major financial losses. If you experience problems that are not resolved, or if you encounter resistance from the seller, you should keep these things in mind.

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When does the Consumer Purchase Act apply?

The Consumer Purchase Act applies when you, as a private individual, buy a product from a trader – either in a store or online. The law applies regardless of whether the product is new or used, and whether it was purchased in Norway or from a Norwegian online store. However, it does not apply to purchases between two private individuals; in that case, the Purchase Act applies, and you do not have as strong a protection

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What is considered a deficiency?

A product has a defect when it does not correspond to what you were told, either in terms of properties, function or quality. It can also be a matter of incorrect marketing or missing information. The Consumer Purchase Act sets clear requirements for what you as a buyer can expect, and gives you protection against such defects.

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What can you claim?

If the item you have purchased turns out to be defective, you have rights that are often worth exercising. In the first instance, the seller has the right to attempt to correct the defect (section 29 of the Norwegian Consumer Code). If this is not possible, you can:

• have the item exchanged for a new one (redelivery)
• demand a price reduction (fkjl. §31)
• cancel the purchase if the defect is significant (fkjl. § 32)
• claim compensation for financial loss (FKJL § 33)

Cancellation is primarily applicable if rectification or replacement is not successful. Cancellation can therefore be referred to as a secondary breach of contract effect. If the seller proves that the defect is insignificant, the consumer cannot demand cancellation. Typical examples of when cancellation may be applicable are extensive engine problems on a newly purchased car, or repeated defects that make it unreasonable to wait for several repair attempts.

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Complaints – deadlines and documentation

To make a claim, you must file a complaint within a reasonable time – normally no later than two months after you discovered the defect. The absolute complaint period is two years, but for goods that are intended to last longer, such as white goods, electronics or vehicles, it can be up to five years.

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The complaint should always be in writing and contain a clear description of the defect and what claim you are making. It is not a requirement by law that the complaint be in writing, but you can more easily prove that it was sent within a reasonable time if you have written proof. Feel free to attach pictures, receipts and any documentation from professionals.

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Do you need legal assistance?

Many people are not aware that the legal aid coverage in your home insurance can often cover a large part of your legal fees. The lawyer can help you assess whether there is a legal defect, advise you on further steps and file a claim against the seller. This is particularly useful if you want to cancel the purchase or claim compensation.

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If you are unsure whether you have a case, or need help filing a complaint, contact us for a free meeting.