Car lawyer

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.

A car accident can have significant consequences for both health and finances. It is therefore important to be aware of what rights you have when it comes to compensation after such an incident.

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Your rights after a car accident

In Norway, all owners of motor vehicles are required to have liability insurance in accordance with the Motor Vehicle Liability Act. This insurance covers damage caused by the vehicle, regardless of fault. This means that if you are injured in a traffic accident, you are generally entitled to compensation for both personal injuries and financial losses as a result of the accident.

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What can you get compensation for?

The compensation must cover the losses you have suffered as a result of the accident. This may include:

• Medical expenses : Costs for treatment, medication and rehabilitation.
• Lost income : Loss of income as a result of not being able to work for a period of time.
• Compensation : Compensation for permanent medical disability that reduces the quality of life.
• Compensation : Compensation for non-economic loss, in cases where the tortfeasor has acted grossly negligently or intentionally.

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How do you go about claiming compensation?

1. Secure evidence : After the accident, you should document the scene of the accident, the vehicle involved and any damage. Take pictures and write down the sequence of events in as much detail as possible.
2. See a doctor : Even if the injuries seem minor, it is important to see a doctor for a thorough examination. This also ensures the necessary documentation.
3. Report the damage to the insurance company : Contact the insurance company as soon as possible and report the damage. Provide all relevant documentation, including medical certificates and receipts for expenses.
4. Consider legal assistance : Compensation cases can be complex. A lawyer with experience in personal injury compensation can help you ensure that you receive the compensation you are entitled to.

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Important deadlines

It is important to be aware of limitation periods. In general, compensation claims must be submitted within three years from when you became aware of the damage. Failure to meet these deadlines may result in you losing your right to compensation.

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Coverage of legal expenses

In many cases, the insurance company will cover reasonable and necessary legal expenses in connection with the compensation case. It is therefore wise to investigate this with the insurance company and possibly engage a lawyer who can assist you through the process.

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Being well informed and acting quickly after a car accident is essential to securing your rights. By following this advice, you are better equipped to handle the situation and get the compensation you are entitled to.

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If you have any questions in connection with your case, you can book a meeting with us at Insa lawyers , completely free of charge.

Buying a car from a dealer gives you as a consumer certain rights if the car turns out to be defective. In some cases, it may be appropriate to cancel the purchase, i.e. return the car and get your money back. This guide provides an overview of when and how you can cancel a car purchase from a dealer.

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When can you raise your car purchase?

In order to be able to cancel a car purchase, the following conditions must be met:

1. Defect in the car: The car has a defect if it does not correspond to what was agreed, or if it is in worse condition than you could reasonably expect based on, for example, the car's price, age and mileage.
2. Not insignificant defect: The defect must be of some importance; trivial errors do not provide grounds for revocation.
3. Complaint within the deadlines: You must have complained about the defect within a “reasonable time” after you discovered or should have discovered it, and no later than five years after you took over the car.

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Procedure for canceling a car purchase

Follow these steps if you want to cancel your car purchase:

1. Advertisements for the dealer:
   1. Written complaint: Inform the retailer of the defect as soon as possible, preferably in writing. Describe the defect and state what you are requesting, such as repair, price reduction or cancellation of the purchase.
2. Give the dealer the opportunity to correct the error:
   1. Attempted repair: The retailer usually has the right to attempt to repair the defect. If the defect cannot be repaired, you may be entitled to cancel the purchase.
3. Submit a request for a raise:
   1. Written cancellation request: If the conditions for cancellation are met, send a written request to the retailer explaining why you wish to cancel the purchase and requesting a refund of the purchase price.
4. Return the car and receive a refund:
   1. Return: If you agree to cancel, return the car to the dealer and receive a refund of the purchase price. Please note that the dealer may claim a deduction for the use you have had of the car, known as a usage deduction.

Important considerations

• Documentation: Keep all correspondence with the dealer and other relevant documentation, such as workshop reports and expert assessments.
• Expert assessment: If there is any doubt about the fault, it may be a good idea to have a neutral professional assess the car. You can usually claim the cost of this from the insurance company if your case is successful.
• Legal assistance: If the dealer rejects your claim, it may be helpful to contact an automotive attorney with experience in buyer's law for further guidance.

Canceling a car purchase is a process that requires certain conditions to be met and proper procedures to be followed. By following the steps above and seeking professional help if necessary, you can safeguard your rights as a consumer.

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