§ 53. The seller's right to demand cooperation
If you do not provide necessary information or otherwise fail to cooperate as you should, the seller can demand that you do so. The same limits apply as for the buyer's demand for performance (oppfyllelse): not if it is impossible, and not if it would cost you unreasonably much compared with the seller's interest.
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)
As regards the seller's right to demand performance of the buyer's duty to cooperate in the purchase, § 23 applies correspondingly.
What does this mean?
The law gives the seller the same right that you have to demand performance, just in reverse. If you must cooperate (medvirkning) under § 50 and you do not, the seller can demand that you do.
The limits from § 23 also apply here:
- The seller cannot demand cooperation if it is impossible (you do not have the information, you are ill)
- The seller cannot demand cooperation if it would cost you unreasonably much compared with the seller's interest
- If the obstacle is temporary, the demand applies again once it is gone
- The seller loses the right if he waits unreasonably long before making the demand
In practice, cooperation is often simple things, such as giving information, opening the door or signing a paper, and there are rarely obstacles to doing them.
Examples
Marius has ordered a custom-made shelf for NOK 18,000. The carpenter asks for the final measurements. Marius does not reply for three weeks; he is simply busy. The carpenter can demand performance of the duty to cooperate under § 53. As a last resort, he can also set an additional deadline (tilleggsfrist) and then cancel the purchase (heving) under § 55.
Eva has ordered a specially designed cabinet, but the seller asks for measurements Eva does not have. She needs a knowledgeable friend to measure for her. That takes time. If this is a real obstacle Eva cannot overcome quickly, the seller cannot immediately demand performance under § 53. But if Eva waits unnecessarily long to get the measurements, she will be in breach of contract (kontraktbrudd).
Common mistakes
- Forgetting that the seller's right to cooperation has the same limits as the buyer's
- As a seller: demanding immediate action without allowing for practical obstacles
- As a buyer: believing the seller cannot demand anything, when he can demand performance
What should you do?
As a seller:
- Send a written request for cooperation with a reasonable deadline
- Document that you have asked
- If there is no response: send a reminder and set an additional deadline before cancellation of the purchase (§ 55)
As a buyer:
- If you are asked for something: reply quickly, or explain why you have to wait
- Do not just leave requests unanswered