§ 2-7. The consumer's objections against the lender
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
In brief
- The consumer (forbruker) can also raise objections against the seller with the lender (kredittyter), when the credit is provided under an agreement between them.
- The consumer must notify both the seller and the lender.
- The lender's liability is limited to the loan amount the consumer received in connection with the purchase.
The text of the law (unofficial translation)
§ 2-7. The consumer's objections against the lender
What does this mean?
This section applies to a consumer who buys goods or services and receives credit from someone other than the seller. The condition is that the seller and the lender have an agreement that the credit is to be provided. The consumer can then meet the lender with the same objections (counterarguments against the claim) and monetary claims that could be directed at the seller. So if the item has a defect, the consumer can also raise this with the lender.
The consumer has a duty to notify. In addition to making a complaint about a defect to the seller (reporting the defect under the rules that apply to the purchase), the consumer must inform the lender at the first reasonable opportunity. The law therefore requires two notices, one to each of the two.
The second paragraph sets an upper limit for monetary claims. The lender can never be liable for more than the amount it has itself paid out to the consumer in connection with the purchase. The consumer therefore cannot use the lender to cover a loss greater than the loan.
Example: The consumer buys an item from the seller and pays with credit from a lender that has an agreement with the seller. The item turns out to have a defect. The consumer notifies the seller and the lender at the first reasonable opportunity. The claim against the lender then cannot exceed the loan amount.
This section is in chapter 2 on payment settlement. § 2-8 gives guarantors (kausjonister) and co-debtors (samskyldnere) who are consumers similar protection: terms that block objections arising from the credit agreement (kredittavtale) are invalid. § 2-9 governs repayment of credit, and § 2-10 concerns losses on early repayment of a fixed-rate loan (fastrentekreditt). § 2-11 deals with the return of promissory notes (gjeldsbrev).