§ 37. Price reduction or cancellation of the purchase after failed repair
If repair of the defect (retting) or replacement (omlevering) does not happen, or does not happen within a reasonable time after you complained, you can move on and demand a price reduction (prisavslag) or cancel the purchase (heving). You do not have to accept endless repair attempts. Exception: if you refuse a repair attempt that you are actually obliged to accept (§ 36). For used items bought at auction, you cannot demand a price reduction.
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 repair of the defect or replacement is out of the question or is not carried out within a reasonable time after the buyer (kjøper) has complained about the defect (mangel), the buyer may demand a price reduction or cancel the purchase under §§ 38 or 39. This does not apply if the buyer refuses a remedy that he is obliged to accept.
(2) The buyer cannot demand a price reduction when buying used items at auction.
What does this mean?
You are not stuck waiting forever for the seller (selger) to fix things. The law sets a limit.
Two situations that open the way to price reduction/cancellation of the purchase (first subsection):
- Repair of the defect is out of the question: the seller refuses, ignores you, or the item cannot be repaired
- Repair of the defect drags on: the repair does not happen within a reasonable time after the complaint
"Reasonable time" varies:
- Standard goods with parts available: 2-4 weeks
- Complex equipment requiring special parts: often longer
- Seasonal goods that must be used now: shorter
You must have accepted lawful attempts (same subsection, second sentence): If the seller offers a reasonable opportunity to fix the problem (under § 36), you cannot refuse and then demand a price reduction. You must give the seller a chance, at least one, before you move on.
The auction rule (second subsection): Used items bought at auction have a special rule: no price reduction. You can still cancel the purchase or claim compensation (erstatning), but not a price reduction. The idea is that an auction price is a negotiated price and that adjusting it is impractical.
Comparison: When can you move on to price reduction/cancellation of the purchase?
| Situation | Price reduction or cancellation of the purchase? |
|---|---|
| The seller refuses to fix it | Yes |
| The seller has taken unreasonably long | Yes |
| The seller has attempted repair of the defect, which did not work | Yes |
| The seller offers reasonable repair of the defect, you say no | No (only after a failed attempt) |
| Used items at auction | Only cancellation of the purchase (not price reduction) |
Examples
Lars has made a complaint about a dishwasher. The seller says "we will send a technician next week". It does not happen. Lars sends a reminder. Another two weeks go by. Lars sends another reminder. After six weeks, no one has come. Under § 37, Lars is entitled to demand a price reduction or cancel the purchase. The seller has had a reasonable time and done nothing. Lars does not need to wait any longer.
Ingrid has made a complaint about a sofa. The seller offers to send an upholsterer who can fix the defect, at the seller's expense, next week. Ingrid says "no, I would rather have a price reduction". The seller is right here. The offer is reasonable and causes no inconvenience for Ingrid. She is "obliged to accept" the repair of the defect. If she refuses, she cannot demand a price reduction under § 37 at this stage. If the upholsterers come and it still does not work, she is entitled to a price reduction after the repair attempt has failed.
Tom buys a used tractor at auction for NOK 95,000. He later discovers a defect. He cannot demand a price reduction under § 37 (2). But he can demand repair of the defect, replacement (if possible), cancellation of the purchase and compensation.
Common mistakes
- Demanding a price reduction before the seller has had a chance to attempt repair of the defect
- Accepting endless repair attempts without setting a limit
- Thinking you must wait "until the seller is done": you must allow a reasonable time, not unlimited time
- Forgetting that auction purchases have their own rules
What should you do?
Practical steps:
- Make a notice of complaint (reklamasjon) with a demand for repair of the defect (§ 32, § 35)
- Give a reasonable deadline: 14-30 days
- Send a reminder when half the deadline has passed
- When the deadline has expired: send a message that you now demand a price reduction or are cancelling the purchase
- Document everything
Template for moving on:
"On [date] I made a complaint about the defect [description] and demanded repair of the defect. A deadline was set for [date]. The repair of the defect has not taken place. I therefore [demand a price reduction of NOK X / cancel the purchase and demand my money back]. I reserve the right to claim compensation."
- § 34Right to repair of the defect and replacement
- § 36The seller's right to repair the defect
- § 38Price reduction
- § 39Cancellation of the purchase for a defect