§ 32. The deadlines for complaints
You have two deadlines for complaints (reklamasjonsfrist) that you must meet: the relative one — within a reasonable time after you discovered or should have discovered the fault — and the absolute one — within two years after you took over the goods. Both must be met. If the seller (selger) has given a longer guarantee (garanti), that applies.
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 loses his right to rely on a defect if he does not, within a reasonable time after he discovered or ought to have discovered it, give the seller notice stating what kind of defect it concerns.
(2) If the buyer does not give notice of complaint within two years of the day on which he took over the goods, he cannot later rely on the defect. This does not apply if the seller, by a guarantee or other agreement, has taken on responsibility for defects for a longer period.
What does this mean?
Two deadlines apply at the same time. If you miss either of them, you lose the right.
The relative deadline (first subsection): Once you have discovered — or should have discovered — the fault, you must speak up "within a reasonable time". What is reasonable:
- Private sales: days to a few weeks
- Between businesses: often faster
- Complex faults that require investigation: somewhat longer
The absolute deadline (second subsection): Two years from when you took over the goods. After two years you cannot complain about the defect (mangel), even if it has only just become visible. Exception: if the seller has given a guarantee that extends further.
Important difference from consumer purchases: In a consumer purchase (forbrukerkjøp) (the Consumer Purchases Act (forbrukerkjøpsloven) § 27) the absolute deadline is 5 years for goods intended to last considerably longer than 2 years (TVs, cars, white goods). Under the Sale of Goods Act it is 2 years — regardless of the goods.
The notice must state the defect: You must say what is wrong. It is not enough to write "something is wrong". Describe the problem specifically.
Comparison: Private vs. consumer
| Situation | The Sale of Goods Act (private) | The Consumer Purchases Act |
|---|---|---|
| Normal use, short lifespan | 2 years | 2 years |
| Goods with a long expected lifespan (TV, car) | 2 years | 5 years |
| Guarantee | What has been agreed | What has been agreed + at least the statutory deadline |
| Relative deadline | Reasonable time | Reasonable time (at least 2 months as a consumer) |
Examples
Tom buys a used car for NOK 95,000 from a private individual on 1 March. In October — seven months later — he discovers an engine fault that can be traced back to before the purchase. Tom is within the two-year deadline. The question is the relative deadline: when did he discover, or should he have discovered, the fault? If the fault first became visible in October, he must give notice of complaint within a reasonable time after that — typically within a few weeks. If Tom sends notice in October or November: fine. If he waits until March the following year: probably too late under the relative deadline.
Sara buys a sewing machine privately for NOK 6,500. After two and a half years she discovers a defect that can be traced back to the purchase. Sara has exceeded the absolute two-year deadline and can no longer complain — unless the seller has given a longer guarantee.
Common mistakes
- Thinking you have 5 years as a private buyer (kjøper) — you have 2
- Waiting to complain because you don't want to nag — you lose the right
- Sending a vague notice without specifying the defect — it does not count
- Thinking guarantee = deadline for complaints — a guarantee is something else (voluntary from the seller)
What should you do?
When you discover a fault:
- Complain in writing — text message, email, letter — within a few days
- Describe the defect specifically: what, where, when discovered
- Specify your claim: repair of the defect (retting), replacement (omlevering), price reduction (prisavslag), cancellation of the purchase (heving), compensation (erstatning)
- Keep the message — the date and content are crucial
- Stay within the two-year deadline — set a reminder if you are getting close
Standard notice of complaint (reklamasjon):
"I bought [item] from you on [date] for [price]. On [today's date] I discovered [specific description of the defect]. I demand [repair of the defect / replacement / price reduction / cancellation of the purchase]."