§ 76. Sale of the goods for the other party's account

If you have a duty to take care of the goods (omsorgsplikt), you can sell them — for the other party's account — in three situations: if you cannot look after them without significant cost, if the other party waits unreasonably long, or if the goods are at risk of being destroyed. The sale must be carried out properly, and the other party must be notified in advance if possible.

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) A party who is obliged to take care of the goods has the right to sell them if he cannot look after them without significant cost, or if the other party waits unreasonably long to take over the goods or to pay the purchase price (kjøpesum) or the costs of storage.

(2) If the goods are liable to be quickly destroyed or to deteriorate, or if it would be disproportionately costly to look after them, they shall as far as possible be sold.

(3) The sale shall be carried out in a proper manner. When possible, the other party shall be given reasonable notice that the goods will be sold.

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 76

What does this mean?

The duty to take care of the goods does not last forever. If the buyer (kjøper) never collects the goods, or the seller (selger) never takes them back, you can sell the goods and settle the account with the other party.

Three situations in which you can sell (first paragraph):

You must sell (second paragraph): In two situations you have a duty to sell:

The logic: better to save something than to let everything be lost.

The sale must be carried out properly (third paragraph):

Examples

Anne received a wrong shipment of fresh fish worth NOK 45,000. She has rejected it, but the seller has not collected it after two days. The fish will soon have to be thrown away. Under § 76 (2), Anne must sell — it is a duty. She contacts a local fish market, gets an offer, notifies the seller in writing (but it is urgent), and sells at market price. The proceeds are credited to the seller under § 78, minus her costs (transport, phone, any loss).

Tom has sold a fridge that the buyer never collected. Five months have passed. Tom has storage costs of NOK 1,200 per month. He has notified the buyer several times without a response. Under § 76 (1), Tom can sell. He notifies the buyer in writing: "If the fridge is not collected within 30 days, it will be sold for the buyer's account." After the deadline he can sell — typically on Finn.no — at market price.

Common mistakes

  1. Selling without notifying the other party — this can backfire on you
  2. Selling far below value — this is not "proper"
  3. Waiting too long to sell perishable goods
  4. Forgetting to account for and credit the proceeds (§ 78)

What should you do?

When you are considering selling:

  1. Document the situation: how long the goods have been stored, what costs you have
  2. Notify the other party in writing with a reasonable deadline — typically 14-30 days
  3. Get a market price — compare with similar sales
  4. Use a normal sales channel: Finn.no, auction houses, an established sales channel
  5. Keep documentation of the price, method and date
  6. Settle the account under § 78 — give the other party an account and any surplus
Related sections
All sections of the Sale of Goods Act →
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