Property complaints

What is a complaint?

Property complaints! A complaint is a message that the buyer sends to the seller stating that there is faults or defects in the property. In practice, a complaint means reporting that there are defects and deficiencies in the property and that it may be relevant to make a claim against the seller.

What is a defect if you have bought or sold a property?

A fault or defect in a property exists when the property is not in accordance with what has been agreed. The starting point is what is stated in the contract. If the agreement or the prospectus states that the property should have certain properties that it turns out not to have, there is normally a defect.

See the list of typical faults and defects when buying a home here.

How is a complaint submitted?

A complaint must be reported in writing to the seller. This can be done by SMS, e-mail or post. Complaints should be made as soon as possible after you discover the fault or defect.

What must a complaint contain?

A distinction is made between neutral and specified complaints.

1. A neutral complaint must state what is wrong and that the seller is held responsible for this error.
2. A specified claim is more detailed. It contains what is wrong, but also an overview of which remedies are required. Here you can elaborate on the cause and extent of the defect, as well as what it will cost to rectify.

What is common to complain about after buying a home?

Examples of post-purchase complaints include pests, area deviations, mould, fungus and rot damage.

We can divide errors and omissions into three categories:

1. Errors and omissions when buying and selling a home
2. Errors and defects when remodelling a home
3. Defects and deficiencies in the construction of housing

Examples of faults and defects when buying and selling a property:

• Water leaks from pipes in the home
• The property has less area than stated
• There are drainage problems around the property

Disputes about defects in the purchase and sale of property are regulated by Act on the disposal of real property, also called the Disposal Act or Disposal Act.

Examples of defects and deficiencies when remodelling a home:

• There is moisture in the home
• There is a fault with the electrical system in the home
• There is a bad odour in the home
• The panel has been installed incorrectly and consequential damage has occurred in the home

Disputes about defects and deficiencies in home remodelling are often governed by Act on craftsman services, also called for Craftsman Services Act. You can read more about dispute about craft services here.

Examples of defects and deficiencies in the construction of housing

• The house is incorrectly constructed
• There are cracks in the tiles in the bathroom
• Incorrect slope towards the drain in the bathroom
• There is a fault in the ventilation system in the home

Disputes about defects and deficiencies in the construction of a new home are governed by Act on contracts with consumers for the construction of new housing, also called Housing Listing Act.

What can I claim in the event of a complaint?

As a buyer, you have several options in relation to the seller in a dispute about faults and defects in the property.

• Withhold the purchase price. You can withhold the amount it will cost to rectify the defect.
• Require rectification. The seller must, at its own expense, rectify the defect within a reasonable time and without significant inconvenience to you.
• Demand a price reduction. You have the right to demand a price reduction corresponding to the costs you incur in having the defect rectified.
• Cancel the agreement. If the defect constitutes a material breach of contract, you can cancel the contract.
• Claim compensation. You can claim compensation for the financial loss you have incurred as a result of the defect. This compensation is in addition to rectification, price reduction or cancellation of the contract.

How do I complain about faults or defects in my property?

Here's some good advice on how to complain about errors and omissions in practice:

Get in touch with the seller

If you discover faults or defects, you should contact the seller or the seller's insurance company to complain about the conditions you have discovered. This should be done in writing. You can download complaint letter from the Consumer Council here.

Advertising within a reasonable time

The main rule is that you must complain within a «reasonable time» after the defect has been discovered or should have been discovered.

Take action right away

It's important that you don't remain passive in a potential dispute about faults and defects in your home. If you discover a defect, you should address the problem right away. It's unwise to wait to accumulate a list of faults and defects to deal with later. In that case, important complaint deadlines may have expired, and your chances of receiving compensation or a price reduction may be cancelled.

Get in touch with an appraiser

An appraiser is important for assessing faults and defects in the property. It is therefore important to choose an independent valuer in such disputes. It's also important to choose an appraiser who has the expertise to assess the defect or deficiency you have discovered in the property.

What is a cooling-off period?

It is important to make a complaint within the given deadlines in order to be able to pursue a claim against the seller in a dispute about defects and deficiencies after buying a home.

A distinction is made between two types of complaint deadlines:

1. Absolute warranty period. This lasts for five years, starting when you take possession of the property. You cannot make a complaint after the complaint period has expired.
2. Relative warranty period. The relative complaint period begins to run when the buyer discovers a fault or defect, or when the buyer should have discovered the fault or defect.

If you don't complain in time, you risk losing your claim against the seller - regardless of whether you have a good case. It is essential that the buyer notifies the seller of the fault or defect within a reasonable time.

«Reasonable time» is in practice two to three months after the defect was discovered or should have been discovered. In any case, it's best to complain as soon as possible after you've discovered the defect or found signs of what may be a defect.

Do I need a lawyer in a dispute about faults and defects in my home?

The answer is yes. Disputes about faults and defects in housing are often characterised by a high level of conflict and poor communication. It is also difficult to know which laws and regulations apply. You should therefore contact a lawyer who is an expert in property disputes, such as Jørgen Bugge.

Do I have to pay for a lawyer myself?

In a dispute about faults and defects in your home, your home contents insurance or house insurance will normally have a legal expenses insurance, which covers up to NOK 100,000 of your legal expenses in the event of a property dispute. You must cover a deductible under the insurance. The lawyer will then continue the dialogue with the insurance company on your behalf.

Why should I choose Advokatfirmaet Halvorsen & Co?

For almost 30 years, we have assisted many clients in cases involving complaints about defects and deficiencies in housing. Our lawyers are experts in property disputes, and has extensive experience.

Advokatfirmaet Halvorsen & Co helps clients with faults and defects in housing in the following locations, among others:

Ringerike, Hønefoss, Ski, Follo, Ås, Kolbotn, Vestby, Nordby, Moss, Enebakk, Indre Østfold, Oslo, Asker, Bærum, Drammen, Hurum, Drøbak and Nesodden.

We always offer a free consultation on property disputes. Get in touch with us today.