Buying and sale

Selling a car privately usually goes well, but in some cases disagreements can arise afterwards. It happens that the buyer contacts the seller weeks or months after handover with demands for a price reduction, repairs, compensation or, in the worst case, cancellation of the purchase – often on the basis of alleged errors or defects. Such situations can be experienced as both unpleasant and confusing, especially when one believes that one has acted in good faith. Nevertheless, it is important to take such claims seriously and handle them in the right way.

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What does a claim mean?

A claim for a warranty means that the buyer claims that the car is not as agreed, or that it has a defect or defect. The seriousness of the defect is decisive for what rights the buyer has. In sales between private individuals, this is regulated by the Norwegian Sales Act. The law stipulates, among other things, that the goods must be in accordance with what has been agreed and what the buyer could reasonably expect, based on the car's age, price, mileage and general condition.

An important point is the "sold as is" clause, which is often used in private car purchases. Even with such a clause, the seller can still be held liable if:

• Incorrect information has been provided that has affected the purchase.
• Significant information known to the seller about whether the car has been impounded.
• The car is in significantly worse condition than the buyer had reason to expect based on the price and other conditions.

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When can the purchase be cancelled?

Cancellation of a car purchase is the most drastic consequence of a claim for damages. This means that the purchase agreement is cancelled, the buyer returns the car, and the seller refunds the purchase price. In order for a car purchase between private individuals to be cancelled, the defect must be "material". This is a high threshold and requires that the defect is of such a nature that it significantly affects the usability or value of the car, and that it cannot be repaired without disproportionate costs or inconvenience. Examples include serious engine defects, incorrect information about significant damage, or manipulated mileage.

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Your rights as a seller

As a seller, you also have rights. First and foremost, you are entitled to receive a specified and justified claim from the buyer. You also often have the right to try to remedy the defect yourself, if you accept that there is a fault. It is important not to acknowledge a claim without having considered the matter thoroughly. Many claims are undocumented or unreasonable, and it is entirely possible to reject them if they have no legal basis.

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When should you contact a lawyer?

If the claim is large, unclear, or the buyer is difficult to work with, you should seek legal advice. A lawyer can assess the case objectively and help you respond legally.

Many ordinary car insurance policies also include legal aid coverage that can cover a large portion of legal fees in disputes. The prerequisite is that the car was insured at the time of sale, and that there is a genuine dispute where the buyer has made a claim that you have disputed.

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Would you like help and guidance with your case? Contact our automotive lawyers for a no-obligation chat.

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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.

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.