§ 39. Cancellation of the purchase due to a defect
You can cancel the purchase (heving) if the defect (mangel) amounts to a material breach (vesentlig kontraktbrudd). You must give notice of cancellation within a reasonable time after you discovered or should have discovered the defect — or after attempts at repair or replacement have failed. Exception: if the seller (selger) has been grossly negligent or dishonest, this deadline does not apply.
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 may cancel the purchase if the defect constitutes a material breach.
(2) The buyer cannot cancel the purchase unless he gives the seller notice of cancellation within a reasonable time after he became or ought to have become aware of the defect, or after the expiry of any deadline that may follow from a demand or notice under §§ 34 or 36. However, this does not apply if the seller has acted with gross negligence or otherwise contrary to honesty and good faith (redelighet og god tro).
What does this mean?
Cancellation of the purchase is the strongest remedy for a defect. The purchase is undone, you return the goods, and you get your money back.
Condition: material breach (first paragraph): The defect must be serious enough to undo the whole deal. The assessment depends on:
- How much the value of the goods is reduced
- Whether the goods can be used for their purpose
- Whether the defect can be repaired — and how good the repair of the defect (retting) is
- How much inconvenience the defect has caused you
- The relationship between the parties
Minor faults are not enough. A different colour on a detail is probably not enough. An engine that does not work, or a sofa that is impractical for its main purpose, may on the other hand qualify.
Deadline (second paragraph): You must give notice within a reasonable time after:
- You discovered the defect (or should have discovered it)
- Or after repair of the defect/replacement (omlevering) has failed (§§ 34, 36)
What is reasonable? Usually days to a few weeks. If you wait too long, you lose the right to cancel — even if the defect was otherwise material.
Exception for dishonesty: If the seller has been grossly negligent or dishonest, the deadline does not apply. You can then cancel regardless.
Comparison: When can you cancel?
| Situation | Cancellation possible? |
|---|---|
| Small cosmetic fault | Rarely — probably price reduction (prisavslag) or repair of the defect |
| Functional fault that can be repaired | Only after failed repair of the defect (§ 37) |
| Functional fault that cannot be repaired | Yes, if material |
| The seller has concealed material information | Yes, without a deadline |
| The goods are completely useless | Yes |
Examples
Eva has bought a sewing machine for NOK 8,500. After two weeks she discovers that the main function does not work. She makes a complaint and the seller sends out a technician — several times. The machine still does not work after three attempts over three months. Eva can now cancel under § 39. The defect is material (the main function does not work), and the repair attempts have failed. She must send a written notice of cancellation promptly after she concludes that the repair is not working.
Tom buys a used car for NOK 130,000. Three months later he discovers that it had been a total wreck and was rebuilt. The seller had kept this hidden. The defect is clearly material — a wrecked car is not what Tom bought. The seller has acted contrary to good faith (§ 19 b, § 33). The deadline in § 39 (2) does not apply — Tom can cancel even after a longer time, as long as the evidence is there.
Common mistakes
- Cancelling over small defects — the seller can object
- Cancelling without having given the seller a chance to repair the defect — can backfire
- Waiting too long to send the notice of cancellation after the repair has failed
- Continuing to use the goods after cancellation has been notified — this signals acceptance
What should you do?
Step by step when cancelling:
- Make sure the defect is material — document it with photos, a valuation, an assessment
- First make a complaint with a demand for repair of the defect/replacement (§ 32, § 35)
- Wait out a reasonable deadline for the seller's attempts
- Send the notice of cancellation in writing when it is clear that the repair will not happen or has failed
- Do not continue using the goods
- Arrange the return of the goods when the seller confirms
- Also claim compensation (erstatning) for specific losses (§ 40)
Template for notice of cancellation:
"I refer to the defect complained about on [date]. The repair of the defect has not succeeded / has not taken place within a reasonable time. I hereby cancel the purchase pursuant to the Sale of Goods Act § 39. I demand a full refund of the purchase price (kjøpesum) [NOK X]. I have the goods ready to be returned."
Frequently asked questions
What is the difference between price reduction and cancellation of the purchase?
When must I cancel — within how long?
Can I cancel and claim compensation?
- § 25Cancellation of the purchase due to delay
- § 30Claims in the event of a defect
- § 37Price reduction or cancellation of the purchase after failure to repair
- § 40Compensation for defects