§ 50. Do you get interest when the purchase is cancelled? (And what is a deduction for use?)
You are entitled to late payment interest (forsinkelsesrente) on the purchase price (kjøpesum) from the day you complained. The shop can claim a deduction for the period you actually got to use the item without problems — but then they must pay you interest from the date of purchase.
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
The text of the law (unofficial translation)
If the purchase is cancelled, the consumer (forbruker) shall credit the seller (selger) with any yield he or she has had from the item, and give reasonable payment for any substantial benefit he or she has otherwise had from it.
If the seller is to repay the purchase price, the seller is obliged to pay interest under the Act of 17 December 1976 No. 100 relating to interest on overdue payments etc. from the day the consumer made a complaint about the defect (mangel). If the consumer is required to pay for the benefit of the item under the first paragraph, the seller is nevertheless obliged to pay such interest from the day the seller received the payment.
In the event of delay (forsinkelse), the seller shall pay interest from the day the payment was received.
What does this mean?
The calculation is fair: The shop had your money. You had the item. Both have been "worth" something.
If the shop chooses to claim a deduction for use (nyttefradrag) (for example for two problem-free years with a car), they must also pay you interest from the date of purchase. This interest often roughly cancels out the deduction.
If they do NOT choose to claim a deduction for use (most common for cheap items), you are entitled to interest from the date of the complaint about a defect (reklamasjon).
Example
Børge buys a used car for NOK 200,000. After 2 years and 20,000 km, the drivetrain breaks down. Cancellation of the purchase (heving). The dealer claims a deduction for use of NOK 30,000. They are then obliged to give Børge late payment interest on NOK 200,000 from the date of purchase — NOK 35,000. Børge ends up getting back MORE than he paid.
Common mistakes
- Shops that claim a large deduction for use but "forget" that the law requires them to pay interest from the date of purchase
What should you do?
Check the maths. Has the shop included a deduction for use? Then claim late payment interest from the date of purchase. Use an interest calculator to check whether the amount they are offering is correct.