§ 33. Exceptions to the deadlines for complaints

If the seller (selger) has been grossly negligent or has acted contrary to "honesty and good faith" (redelighet og god tro), the deadlines for complaints (reklamasjonsfrist) in §§ 31 and 32 do not apply. You can complain even if two years have passed, and even if you were late with your notice. The law does not protect dishonest sellers.

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

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The text of the law (unofficial translation)

Notwithstanding §§ 31 and 32, the buyer (kjøper) may rely on the defect (mangel) if the seller has acted with gross negligence or otherwise contrary to honesty and good faith.

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 33

What does this mean?

The deadlines for complaints have a moral limit. They do not apply when the seller has been outright dishonest or clearly careless.

The law mentions two types of conduct:

When this is the case, you can complain even if:

The logic is clear: a dishonest seller should not be able to hide behind the deadlines. If he has done something wrong, he must be held responsible — no matter how much time passes.

Examples

Marius buys a used car for NOK 180,000. Three years later, during an independent valuation, he discovers that the car had been completely wrecked and rebuilt. The seller knew this — it is clear from papers he has hidden. Normally Marius would be out of luck: the two-year deadline has passed. But under § 33, the deadline does not apply when the seller has acted contrary to good faith. The seller hid important information he was obliged to give (see § 19 letter b). Marius can complain even after three years.

Eva buys a sewing machine and is given papers claiming that it is a new model. Two and a half years later she discovers that it is an older model sold as new. The seller has been outright dishonest. The deadline for complaints is no obstacle under § 33. Eva can complain.

Common mistakes

  1. Thinking the seller gets away with it because two years have passed — that is not true in cases of dishonesty
  2. As a buyer: giving up too early because the deadlines have passed
  3. As a seller: thinking hidden faults can "expire" — they cannot when you have actively hidden them
  4. Forgetting that the burden of proof (bevisbyrde) is yours — you must be able to document the seller's dishonesty

What should you do?

When you believe the seller has been dishonest:

You can make all the usual claims for defects (§ 30): repair of the defect (retting), replacement (omlevering), price reduction (prisavslag), cancellation of the purchase (heving) and compensation (erstatning).

Frequently asked questions

What counts as "gross negligence"?
It is more than ordinary sloppiness. The seller must have been clearly careless in a way most people would react to. Example: selling a car they knew had serious faults without mentioning it.
Do I need clear proof of dishonesty?
You must be able to show it with reasonable certainty. Suspicion is not enough — you need documentation or reasoning that points to the seller knowing or that they should have known.
Related sections
All §§ in the Sale of Goods Act →
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