Buying and selling a home

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?

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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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As a landlord, it can be challenging when a tenant fails to pay rent. It is important to act quickly and follow the correct procedures to secure your rights and minimize financial losses.

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1. Send a payment reminder

Start by sending a written payment reminder shortly after the due date. This can often remind the tenant of the obligation and lead to prompt payment.

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2. Terminate the lease agreement

If payment is still not made, there may be grounds for terminating the lease. According to the Tenancy Act, a material breach is required to terminate, unless otherwise agreed. Not paying rent may constitute such a material breach, especially if it is repeated or occurs over a long period of time. However, in some cases it may be unclear where the line is drawn, and it may be advisable to obtain a legal opinion before taking drastic action.

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3. Petition for eviction

If the lease is terminated and the tenant refuses to move out voluntarily, you must file a petition for a variance (eviction) with the bailiff. To do this, you must have a valid basis for enforcement, such as a written lease with an eviction clause for default. You must also have sent the tenant a written notice of eviction before you can file a petition with the bailiff.

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4. Use of deposit

If a deposit account has been set up, outstanding rent can be collected from it. This usually requires the consent of the tenant or a decision from the Rent Disputes Committee or the courts. It is important to follow the correct procedure to avoid illegal use of the deposit.

Important considerations

• Documentation: Keep all correspondence and documentation related to the tenancy and payment follow-up. This is essential in case of any disputes.
• Professional assistance: Consider seeking help from professional actors such as debt collection agencies or legal advisors to ensure proper handling of the process.
• Fair Treatment: Although the situation may be frustrating, it is important to treat the tenant fairly and follow the legal requirements throughout the process.

By following these steps, you as a landlord can handle unpaid rent in an efficient and legal manner, while safeguarding your rights. If you would like legal advice, you may want to speak to a lawyer with experience in money claims law .

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Discovering faults or defects in your home after taking possession can be frustrating. Fortunately, Norwegian law gives you as a buyer certain rights. Here is a guide on what to do if you discover faults after taking possession.

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1. Identify if a deficiency exists

A defect exists if the home does not comply with what was agreed upon, or if it is in a worse condition than you could reasonably expect based on the purchase price and other circumstances. This may include hidden defects that were not visible at the time of purchase, or deviations from information provided by the seller.

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2. Advertise within a reasonable time

When you discover a defect, it is important to complain to the seller as soon as possible. According to the Disposal Act, this must be done within a “reasonable time” after you discovered or should have discovered the defect. In practice, this is often interpreted as within three months. The absolute complaint deadline is five years from the date of takeover.

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3. Document the deficiency

To strengthen your case, you should:

• Take photos or video: Visual evidence of the error.
• Obtain a written report: Hire an appraiser or professional to assess and document the defect.

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4. Send a written complaint to the seller

In the complaint you should:

• Describe the defect in detail: Explain what is wrong and why you believe it constitutes a defect.
• Attach documentation: Include photos and reports.
• Make your claim: For example, a price reduction, compensation or cancellation of the purchase.

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5. Give the seller the opportunity to correct the situation

The seller usually has the right to attempt to remedy the defect. If the seller is unwilling or unable to remedy the defect within a reasonable time, you may be entitled to a price reduction or, in serious cases, cancellation of the purchase.

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6. Consider professional assistance

If you cannot reach an agreement with the seller, it may be a good idea to contact a lawyer with experience in buying and selling homes . Many home insurance policies cover part of the legal fees in such cases.

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7. Be aware of the statute of limitations and inaction

Even if you have filed a complaint within the deadline, your claim may be time-barred. The limitation period is normally three years from the date of receipt, but may be extended if the defect is discovered later. To interrupt the limitation period, you must bring the matter before the courts or a relevant appeals body.

You must also make sure that your claim is not lost as a result of inaction.

Discovering errors after taking over is unfortunate, but by following these steps you can protect your rights and increase the chance of a satisfactory resolution. Contact one of our lawyers for assistance.