§ 55. The seller cancels when you do not cooperate

If you do not cooperate as you should, the seller can cancel the purchase (heving) when the breach is material (vesentlig kontraktbrudd). If the only problem is that you do not take over the goods, the seller must also have a "special interest" in getting rid of them. An additional deadline (tilleggsfrist) applies here as elsewhere. While the additional deadline is running, the seller cannot cancel the purchase — unless you say that you will not perform.

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

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 seller may cancel the purchase when the buyer (kjøper) does not cooperate in the purchase, if the breach of contract (kontraktbrudd) is material. On the same conditions, the seller may cancel the purchase when the buyer does not take over the item under § 50 letter (b) and the seller has a special interest in getting rid of it.

(2) The purchase may also be cancelled when the buyer, within a reasonable additional deadline for performance (oppfyllelse) set by the seller, a. does not cooperate in the purchase, or b. does not take over the item in cases where the seller has a special interest in getting rid of it.

(3) While the additional deadline is running, the seller cannot cancel the purchase, unless the buyer has said that he will not perform within the deadline.

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 55

What does this mean?

When you fail to meet your obligations under § 50, the seller (selger) can cancel the purchase — but the rules are somewhat nuanced.

Material breach of cooperation (first paragraph, first sentence): If you do not provide necessary information, do not show up at agreed times, or in some other way bring the process to a halt — and this is material — the seller can cancel the purchase.

Failure to take over the goods (first paragraph, second sentence): If the only thing missing is taking over the goods — you do not collect them, do not receive them — it is not enough that the breach is material. The seller must also have a "special interest in getting rid of the item". Why? If the seller has no extra inconvenience from keeping the goods, he has no particular need to cancel the purchase. He can simply wait.

A "special interest" may be:

Additional deadline (second paragraph): As with other breaches of contract. Set a reasonable deadline, and if the buyer does not do their part within it, the seller can cancel the purchase.

While the deadline is running (third paragraph): The seller must wait — unless you say outright that you are not going to perform.

Comparison: When can the seller cancel the purchase?

SituationCancellation possible?
You do not pay (material)Yes (§ 54)
You do not pay within the additional deadlineYes (§ 54)
You do not provide information, you block the processYes, if material (§ 55)
You do not collect, but the seller has no need to get rid of the goodsNot directly (wait or sell)
You do not collect, the seller has a "special interest"Yes (§ 55)

Examples

Marius has ordered a custom-made kitchen. The carpenter asks for measurements. Marius does not reply. The carpenter sends several reminders over two months. No response. The lack of cooperation is material — without measurements the carpenter cannot work. He can cancel the purchase under § 55 (1), or set a final additional deadline under (2). He can claim compensation (erstatning) for his loss.

Eva has bought a chest of drawers from Tom for NOK 12,000. She has paid, but does not show up to collect it. Tom has plenty of space and does not need the chest of drawers gone. Under § 55 (1), Tom cannot cancel the purchase directly — he has no "special interest" in getting rid of it. He must either wait and demand that Eva collect it, or sell it to someone else, with possible compensation from Eva. If, on the other hand, Tom needs the storage space immediately, or the chest of drawers will be damaged where it stands, he may have a "special interest" — and can then set an additional deadline and cancel the purchase.

Common mistakes

  1. As a seller: cancelling the purchase because the goods were not collected without having a special interest — not allowed
  2. As a seller: forgetting to set an additional deadline — gives the buyer an argument
  3. As a buyer: thinking you can fail to cooperate without consequences

What should you do?

As a seller:

As a buyer:

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