§ 23. Requiring the seller to deliver
You can uphold the purchase and require the seller to deliver. Exceptions: if there is an obstacle the seller cannot overcome, or if it would cost the seller unreasonably much compared with your interest. If the obstacle disappears quickly, the claim applies again. But if you wait unreasonably long to put forward the claim, you lose it.
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 buyer (kjøper) may uphold the purchase and demand performance (oppfyllelse). This does not apply if there is an obstacle that the seller (selger) cannot overcome, or insofar as performance would entail such great inconvenience or cost for the seller that it is substantially disproportionate to the buyer's interest in the seller's performance.
(2) If the difficulties cease within a reasonable time, the buyer may demand performance unless, given the time that has passed, this would be substantially more burdensome or take on a different character than the seller could foresee, or it would otherwise be unreasonable to demand performance.
(3) The buyer loses his right to performance if he waits unreasonably long to put forward the claim.
What does this mean?
The main rule is simple: the agreement is binding, and you can demand that it be fulfilled. But the law sets three practical limits:
Impossible (first paragraph, first part): If the goods are destroyed or the factory has burned down, you cannot demand performance of something that does not exist. It must be an obstacle "the seller cannot overcome".
Unreasonably expensive (first paragraph, second part): If delivering would cost the seller much more than it is worth to you, the claim falls away. You have ordered a special part for NOK 5,000. It turns out that the seller would have to incur much greater costs to obtain it. That may be unreasonable.
Short-term obstacle (second paragraph): If the obstacle disappears quickly, you can still demand performance — provided the situation has not changed significantly.
You must put forward the claim in time (third paragraph): If you wait unreasonably long to say that you still want the goods, you lose the right. You cannot let the matter lie for six months and then suddenly demand delivery (levering).
Examples
Tom has ordered a custom-built racing bike for NOK 65,000 with agreed delivery on 1 May. It is now 1 June. The seller says "we are late because the frame supplier is having problems, but we will sort it out". Tom wants the bike — he has been thinking about it for months. Under § 23, Tom can uphold the purchase and demand performance. The delay (forsinkelse) is due to an obstacle (a supplier problem), but it is not insurmountable. Tom must let the seller know within a reasonable time that he still wants the bike, not just wait in silence.
Eva has ordered a special model of a kitchen appliance. After two months, she and the seller discover that the model has been discontinued — it is impossible to obtain that exact appliance. Here the exception in § 23 applies. Eva cannot demand performance of something that does not exist. But she can cancel the purchase (§ 25) and claim compensation (erstatning) (§ 27) — and the seller should have notified her as soon as he learned of the problem (§ 28).
Common mistakes
- Waiting too long to say that you still want the goods — you lose the claim
- Thinking you can always demand delivery no matter what — there are limits
- Forgetting that "a reasonable time" varies with how complex the goods are
- Demanding cancellation of the purchase (heving) before you have upheld the purchase — it is usually better to set an additional deadline (tilleggsfrist) first
What should you do?
- Give written notice that you demand performance, and do so within a reasonable time
- Consider setting a new deadline so that it is clear
- Consider whether the goods are still worth waiting for — or whether cancellation of the purchase is better
- Keep documentation of everything — messages, emails, dates