If you discover a defect in a property, you should notify the seller within a reasonable time. If you fail to do so within the applicable deadline, you lose the right to assert claims arising from the defect. What counts as “reasonable time” varies, but case law generally assumes that there must be good reasons to wait more than about two months before submitting a complaint. The practical advice is therefore simple: notify the seller as soon as you suspect something is wrong.
A complaint must be more than a general expression of dissatisfaction
A complaint (reklamasjon) must be more than a general expression of dissatisfaction with the property. For the complaint to be valid and interrupt time limits, the notification to the seller must contain certain minimum information:
- It must indicate that the buyer considers there to be a breach of contract (a defect).
- It must provide further information about the nature of the defect.
- It must state that the buyer intends to invoke the breach and assert a legal claim.
In some cases, the buyer may not yet have sufficient information to specify the defect or the claim. For example, the buyer may have discovered moisture in a basement without knowing the extent or cause. In such cases, it is sufficient that the initial notice informs the seller that a defect has been discovered for which the seller may be liable, describes the circumstances constituting the defect, and states that a claim will be made.
Generally no formal requirements
As a general rule, there are no specific formal requirements for making a complaint. It may therefore be submitted both orally and in writing. However, for evidentiary reasons, it should be made in writing.
It is advisable to involve a professional expert
You should also engage a qualified expert to assess the defects. This should be done as soon as possible after the initial notice has been sent to the seller. Many surveying firms offer so-called “complaint reports” (reklamasjonsrapporter). Such a report is essentially a condition report, but focused on assessing the reported defects against the property information provided at the time of sale. It often also includes an estimate of the cost of repairs.
Once you have received the report, it is important to follow up with the seller. The defects being asserted must be specified, and the report should be provided in full to the seller. The claim must also be clarified, including whether you are requesting repair, price reduction, rescission, or damages.
If the seller rejects the claim or does not respond
If the seller rejects the claim or fails to respond, you should consider initiating legal proceedings. Even if a timely complaint has been made, the claim may still become time-barred under the rules on limitation periods. As a general rule, claims against the seller become time-barred three years after takeover, or one year after the buyer became aware of the defect if this occurs later. To interrupt the limitation period, legal action must normally be initiated unless the seller acknowledges the claim.
The seller must be given an opportunity to respond
Finally, it is worth noting that the complaint rules operate in such a way that you must not repair the defect yourself before first notifying the seller and giving them an opportunity to respond. If you carry out repairs on your own initiative without prior complaint, you may lose the right to hold the seller liable for the defect.
