§ 19. Goods sold "as is"

Even if an item is sold "as is" («som den er») or with a similar reservation, you can complain about defects (mangler) in three cases: if the seller (selger) gave incorrect information, if the seller withheld material information he must have known about, or if the item is in a significantly worse condition than the price suggested. The clause limits liability — it does not remove it.

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

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The text of the law (unofficial translation)

(1) Even if the item is sold "as is" or with a similar general reservation, there is a defect when a. the item does not correspond to information the seller has given about the item, its properties or use, and which can be assumed to have influenced the purchase, b. the seller, at the time of the purchase, has failed to give information about material circumstances concerning the item or its use which he must have known about and which the buyer (kjøper) had reason to expect to receive, provided the omission can be assumed to have influenced the purchase, or c. the item is in a significantly worse condition than the buyer had reason to expect given the size of the purchase price (kjøpesum) and the circumstances otherwise.

(2) If used items are sold at auction, the rules in the first paragraph apply correspondingly as far as they are suitable.

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 19

What does this mean?

"As is", "as is", "subject to faults and defects" — phrases like these are familiar from second-hand trade, especially cars and homes. The clause means the seller takes less responsibility than for an ordinary item. But it is not a shield against everything.

Three situations where you can still complain:

(a) Incorrect information: The seller said something about the item that is not true, and it may have influenced the purchase. Did he say "the engine has recently been overhauled"? Then it must be true — even if the car was sold "as is".

(b) Withheld important information: The seller knew about something material — a major fault, a history — and did not say so. You had reasonable grounds to expect to be told. Classic example: the car has been written off and repaired. The seller should have said so.

(c) Significantly worse condition than expected: Even without specific incorrect information, the item may be so poor that it does not match the price. Think: you pay NOK 80,000 for a car that looks like a used car in OK condition, but it turns out the engine is finished. Then it is in "significantly worse condition" than NOK 80,000 suggested. You then have a claim, even though it said "as is".

Used items at auction (second paragraph): The rules apply correspondingly where suitable.

Important change from 2024: For consumer purchases (forbrukerkjøp) of used goods, it is no longer permitted to use an "as is" clause (the Consumer Purchases Act (forbrukerkjøpsloven)). The Sale of Goods Act § 19 applies only when the purchase is private-to-private or between businesses (næringsdrivende).

Comparison: A defect even when sold "as is"?

SituationDefect?
The seller said "the engine is newly renovated" — it is not trueYes (letter a)
The seller knew about a serious fault, did not sayYes (letter b)
The car costs 80,000, the engine breaks down after 2 months, cost 60,000Probably (letter c)
The car has normal wear and tear for its ageNo
The seller did not know about the fault himselfThe assessment falls under letter c (significantly worse condition)

Examples

Sara sells her old Volvo to Marius for NOK 65,000 via Finn.no, "as is". After three weeks Marius discovers that the clutch is finished — it will cost NOK 28,000 to fix. Sara did not know — the clutch seemed fine to her. So § 19 letter b does not help. But can Marius use letter c? He must show that the car is in "significantly worse condition" than NOK 65,000 should suggest. It is a specific assessment: is NOK 28,000 in repairs a lot for a NOK 65,000 car? Probably yes — Marius may be entitled to a price reduction (prisavslag). Had Sara known about the clutch and concealed it, letter b would also have been relevant.

Tom buys a BMW motorcycle for NOK 110,000 from a private individual, "as is". Two months later he discovers that the motorcycle has been completely wrecked, dismantled and rebuilt. Nothing about this was stated in the advert. If the seller knew this, it is a defect under § 19 letter b — he has concealed material information Tom had reason to expect to receive. Tom can demand a price reduction or cancellation of the purchase (heving).

Common mistakes

  1. As a buyer: thinking "as is" is a total disclaimer of liability — it is not
  2. As a seller: thinking you can hide serious faults just by writing "as is" — you cannot
  3. Forgetting that concealment is also a basis for liability, not just active lies
  4. Thinking "significantly worse" is a lenient assessment — it takes quite a lot

What should you do?

You have the same claims as for all defects: repair of the defect (retting), replacement (omlevering), price reduction, cancellation of the purchase and compensation (erstatning) (§§ 30 onwards). But with "as is" sales, the claim may be more limited in practice because you must show a significant deviation. In particular: When buying used items at auction, you cannot demand a price reduction (§ 37 (2)). Other claims remain in force.

As a buyer on the second-hand market:

As a seller on the second-hand market:

Frequently asked questions

I bought a car "as is", and the engine broke down after 14 days. Do I have no rights?
You do have rights — but the threshold is higher. Assess under letter c: is it in significantly worse condition than the price suggested? Or letter b: did the seller know about it? Both give grounds for a claim.
Are auction sales completely without liability?
No. § 19 (2) makes the rules apply to used items at auction too. But you cannot demand a price reduction (see § 37).
Related sections
All §§ in the Sale of Goods Act →
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