§ 1. When does the Sale of Goods Act apply?

The Sale of Goods Act (Kjøpsloven) applies when you buy or sell a thing — as long as no other law takes over. It typically applies between private individuals (Finn.no trading) or between companies. If you buy something from a store as a consumer (forbruker), the Consumer Purchases Act (forbrukerkjøpsloven) applies instead. For houses and apartments, the Property Sale Act (avhendingslova) applies.

The Sale of Goods Act·LOV-1988-05-13-27

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)

(1) The Act applies to purchases insofar as nothing else is provided by law. For consumer purchases (forbrukerkjøp), the Consumer Purchases Act applies. For purchases of real property, the Property Sale Act applies.

(2) The Act also applies to exchanges of things insofar as it is appropriate.

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 1

What does this mean?

The Sale of Goods Act contains the rules for how a transaction should take place when you buy or sell something. But it is a bit like a backup law — it steps in where no other law applies.

Three situations you must keep apart:

The second subsection says that if you exchange things (you give away your skis in return for a snowboard), you use the same rules as for a purchase — insofar as they are appropriate.

Comparison: Which law applies?

SituationLaw
You sell a bicycle to your neighbourThe Sale of Goods Act
A company buys office chairs from another companyThe Sale of Goods Act
You buy a sofa at IKEAThe Consumer Purchases Act
You buy a cabinThe Property Sale Act
You exchange skis for a snowboard with a friendThe Sale of Goods Act

Examples

Petter sells his old Suzuki to Lars via Finn.no for NOK 35,000. Two weeks later the engine stops. Lars wants his money back. Here the Sale of Goods Act applies, not the Consumer Purchases Act. This means that Lars must examine whether Petter was aware of the fault, whether the motorcycle was in significantly worse condition than the price suggested, or whether something was concealed. The requirements for the buyer (kjøper) are stricter in private purchases than when you shop in a store.

Kari buys a new cooker from Elkjøp. It does not work. Here the Consumer Purchases Act applies, and she has stronger rights: a 5-year deadline for complaints (reklamasjonsfrist), and the seller (selger) must prove that the fault was not there from the start if it appears within 6 months.

Common mistakes

  1. Thinking you have a 5-year deadline for complaints when you have bought second-hand from a private individual (you have 2 years under the Sale of Goods Act)
  2. Applying the Sale of Goods Act to the apartment purchase — the Property Sale Act has its own rules
  3. Thinking you can complain to the Norwegian Consumer Authority (Forbrukertilsynet) after a Finn.no purchase (you cannot — there you must go through the courts or through the mediation offered by the Norwegian Consumer Council (Forbrukerrådet))

What should you do?

Before you argue about a transaction: find out which law applies. Ask yourself:

The rules are different enough that the answer determines what you can claim.

Frequently asked questions

Can I complain to Finn.no if the bicycle I bought was broken?
No, Finn.no is only a marketplace. You must deal directly with the seller under the Sale of Goods Act.
Does the Sale of Goods Act apply if I buy something from a company that is not a store?
If you buy as a private individual and the seller is engaged in business, it is a consumer purchase regardless of whether the store is a website, a warehouse or a man with a van.
Related sections
All §§ in the Sale of Goods Act →
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