Lawyer within contract law

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.

Hiring a tradesman for renovation or maintenance can save you time. But what do you do when the result doesn't live up to your expectations, whether it's delays, poorly executed work, or disagreements about completion? In this guide, we try to give you an overview of your rights and how to best proceed if your tradesman doesn't deliver as agreed.

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Your rights as a consumer

The relationship between you as a consumer and the craftsman is regulated by the Craftsman Services Act . The law is designed to protect you and is intended to ensure, among other things:

• Professional execution and deadlines: The work must be done professionally and within the agreed time. If the craftsman is late, you have various rights that you can assert.
• Clear information: You should receive clear and sufficient information about everything from the scope of the work to costs. The craftsman's obligation to you is referred to as a duty of care (Article 5 of the Code of Civil Procedure), and the craftsman even has a duty to discourage you from entering into the agreement if the service will not be of reasonable benefit to you (Article 7 of the Code of Civil Procedure).
• Compensation for defects: In the event of defects, you are entitled to correction, a price reduction, or in serious cases – to terminate the agreement with the craftsman.

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What do you do if you have poor work or deficiencies?

If you discover errors, deficiencies, or that the craftsman has performed poor work, quick and systematic action is crucial:

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1. Document everything

Gather evidence. Take detailed photos and videos of the errors, and note when you discovered them. Keep all relevant documentation such as contracts, quotes, invoices and written communications (email, SMS). Good documentation can strengthen your case, and make it easier to be heard that you have the right on your side.

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2. Contact the craftsman in writing

Send a clear and written complaint as soon as possible. Describe exactly what you are dissatisfied with and what errors you have found. Set a reasonable deadline for correction or completion. Good communication early on can resolve many disputes. This is referred to as a complaint, and is crucial for you to keep your claim intact and be able to pursue it further if you cannot reach an agreement.

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3. Know your requirements

If the craftsman does not follow up, the Craftsman Services Act gives you several options:

• Withhold payment: You can withhold an amount that corresponds to the cost of correcting the defect (in accordance with Section 23). This is an effective means of pressure, but be careful to document why you are doing it. You should also not withhold a larger amount than is necessary to secure your claim. If only a small part of the agreement remains, you cannot withhold the entire amount without risking having to pay late payment interest on the rest of the purchase price.
• Claim for correction: The craftsman has both the right and the obligation to correct the error, at no extra cost to you. The correction must be made within a reasonable time and without causing you significant inconvenience (section 24 of the Act).
• Price reduction: If correction is not made, you can demand a price reduction corresponding to the reduction in value caused by the defect, or what it costs to have it corrected by others (section 25).
• Termination of the contract: In serious cases, where the defect is significant, you can terminate the contract with the craftsman. This means that the contract is cancelled, and you can demand a refund for what you have paid (minus any compensation for usable parts of the work) (Article 26 of the Danish Labour Code).
• Compensation: If you have suffered a direct financial loss as a result of the craftsman's error or delay, you can claim compensation. This may include expenses for a new craftsman or alternative housing (section 28).

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What if you can't agree? Seek professional help

If you cannot reach an agreement, you can contact the Consumer Council, the Consumer Authority or the Conciliation Council. If you have legal aid insurance through your home or contents insurance, it can often cover part of the legal fees.

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When should you contact a lawyer?

If the case is complex, the claim is large, or you feel unsure about the way forward, it may be a good idea to contact a lawyer. We can assist with:

• Assess the matter objectively.
• Formulate legally correct requirements.
• Negotiate on your behalf.
• Represent you in a dispute.

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

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Negotiating and entering into contracts is a natural part of both everyday life and larger projects. Whether you are buying a home, contracting a craftsman service or selling something on Finn.no , it is important to be aware of how agreements are made – and which pitfalls you should avoid. Here is a practical guide for you as a private individual in Norway.

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When is an agreement binding?

Many people believe that an agreement is only valid when it is signed in writing. This is not true. In Norwegian law, the principle of freedom of form applies, which means that an agreement is just as binding verbally as it is in writing. The decisive factor is whether the parties have given each other reasonable grounds to believe that they intended to be bound.

A classic example is: You offer your neighbor to buy your bike for 1000 kroner, and he says "yes". The agreement is then concluded, even without written documentation. This also means that you cannot simply withdraw, unless there are agreed upon reservations.

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Common pitfalls in contract negotiations

1. Unclear or incomplete agreements

One of the biggest mistakes individuals make is entering into agreements without specifying important details. For example:

• What should be delivered, and when?
• What is the price and how should it be paid?
• Who is responsible if something goes wrong?

Lack of precision can lead to misunderstandings and conflicts, so it may be a good idea to get help from a lawyer if you are unsure about how the agreement should be drafted.

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2. Oral agreements without evidence

Although oral agreements are binding, they are difficult to prove. In a dispute, words often stand against words. Therefore, you should always get the agreement in writing – either on paper, by email or SMS. It gives you peace of mind if something goes wrong later.

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3. Uncertainty about the time of conclusion of the agreement

In negotiations, it can be unclear when a binding agreement has actually been reached. If you do not want to commit until everything is signed, you should clearly communicate this – for example, by taking a signing reservation. This will prevent the other party from thinking the agreement has been reached before you are ready.

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Tips for safer contract negotiations

• Prepare well : Think through what you want to achieve, what conditions are important to you, and how far you are willing to go.
• Be clear : Communicate clearly and unambiguously, and avoid ambiguous wording.
• Get it in writing : Document the agreement in writing, even if it's just a simple email.
• Consider legal help : For larger deals, it may be a good idea to involve a lawyer for advice.

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Do you need legal assistance?

The rules surrounding contract negotiation and contractual issues can be more complex than they first appear. Uncertainty about what has been agreed, when an agreement was entered into, or whether the other party has kept their end of the agreement can have major financial consequences.

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At Insa advokater you will receive assistance from an experienced contract law attorney with good insight into contract law and negotiation techniques. Whether you need help drafting a solid contract, or are in the middle of a conflict, an early legal assessment can be crucial to securing your interests.

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