§ 10. The seller's right to withhold the goods

If you have not agreed on credit or deferred payment, the seller can refuse to give you the goods before you pay. That is the main rule: the goods and the money change hands at the same time. If the goods are to be sent, the seller cannot refuse to send them, but can arrange it so that you cannot get hold of the goods until the money is in the account.

Kjøpsloven (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) If the seller has not granted credit or a payment extension, he is not obliged to hand over the item, deliver documents or in any other way transfer control of the item unless the purchase price is paid at the same time.

(2) If the seller is to send the item to another place, he may nevertheless not refrain from sending it, but he may prevent the buyer from obtaining control before the purchase price is paid.

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 10

What does this mean?

The law gives the seller a "right of retention (tilbakeholdsrett)": the right to hold back the goods, a kind of legal handbrake. It works like this:

The main rule (first paragraph): Money for goods, at the same time. If you as the buyer (kjøper) do not pay, the seller (selger) can refuse to hand over the goods, whether it is a bicycle, a car or a kitchen appliance.

Exception: If you have agreed on credit (kreditt) ("pay within 14 days") or a payment extension (henstand), the right of retention does not apply. You are then entitled to receive the goods first.

Shipment purchases (sendekjøp) are a little different (second paragraph): If the goods are to be sent by Posten or a transport company, the seller cannot refrain from sending them. But they can arrange it so that the goods are not released to you until the payment is in the account, typically by cash on delivery (oppkrav) or "payment against consignment note (fraktbrev)". The goods then travel, but you cannot take them out of the parcel locker until you have paid.

Comparison: When do you get the goods?

AgreementWhat can the seller do?
No agreement on creditWithhold the goods until you pay
Agreed credit (invoice (faktura), 14 days)Must hand over the goods first
Shipment purchase without creditCan send against cash on delivery or consignment note
Advance payment (forskuddsbetaling) agreedYou must pay before the goods are sent

Examples

Marius buys a used Toyota from Sara for NOK 95,000 on Finn.no. They agree on pickup on Saturday. Marius turns up and wants the keys right away; he will pay with Vipps when he gets home. Sara can refuse. § 10 gives her the right to withhold the car until the payment has gone through. Only if they have expressly agreed on credit can Marius demand the keys first. The practical solution is to send the Vipps payment while they are standing there, so they both avoid this situation.

Tom orders work equipment from a supplier for NOK 12,000. They have not agreed on credit. The supplier sends the goods cash on delivery: Tom must pay when the parcel arrives, otherwise he does not get it. That is § 10 second paragraph in practice.

Common mistakes

  1. As a buyer: thinking you can demand the goods first and pay later without an agreement
  2. As a seller: forgetting to set payment terms in the offer and becoming bound to credit in line with your invoicing system
  3. Thinking the seller can refuse to send the goods in a shipment purchase. They cannot, but they can lock control of the goods

What should you do?

As a seller, you can lose the right of retention if you hand over the goods first and then demand payment, because you have then in practice granted credit. If the buyer then does not pay, you must go through the courts.

As a seller:

As a buyer:

Frequently asked questions

Can the seller refuse to send the goods if I have not paid in advance?
If you have not agreed on advance payment, then no, the seller must send the goods. But he can send them in a way that means they are not released to you until you pay.
What about Vipps: is the payment "received" when the Vipps message arrives?
Practically speaking, yes. Vipps transfers are normally instant and guaranteed. Check that the money is in your account, not just that it says "paid" in the buyer's Vipps app.
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