List of typical faults and defects when buying a home

Errors and omissions when buying a home exists when the property is not in accordance with what has been agreed.

The starting point for the assessment is what is stated in the purchase contract. If it is stated in the contract or in the prospectus that the house should have certain properties that it turns out not to have, there is normally a defect.

Here's a list of the most common faults and defects after buying a home:

Pests

Examples of pests can be cockroaches, bed bug, beetles, ants, deer, sparrow, rat, bats and bearded crayfish. Mice and rats can gnaw through insulation or electrical wiring, while ants can destroy insulation and support beams in the house. Bed bugs can also cause discomfort and damage to buildings.

If the seller has been aware that there are pests in the property without disclosing this, this may be a fault or defect in the property.

Water damage

Water damage in a house is often caused by poor or missing drainage in the basement, leaks in water pipes or leaks in the roof. Water damage in bathrooms due to faulty construction or membrane failure is also not uncommon.

Residential plots are drained to direct water away from the foundation so that the basement stays dry. If the drainage is faulty or inadequate, water damage, moisture damage and mould and rot can occur in the basement.

If there are defects or deficiencies in the roof or the roof's construction, water ingress can occur, which in turn can lead to water and moisture damage.
Water damage can also occur when older pipes burst, which in turn can lead to major water damage in the home.

If the seller has known that there is a fault with the drainage, roof or water pipes in the property without disclosing it, this may be a fault or defect.

Mould, fungus and rot damage

Mould, fungus and rot damage are among the most common challenges posed by faults and defects when buying a home. Such damage is particularly common in wet rooms.

Mould, fungus and rot damage can be caused by incorrect construction of wet rooms, but also incorrect construction of the building, so that lack of drainage or subsidence damage leads to water and moisture penetration.

Moisture, mould and rot are deficiencies that are not always easy to detect until some time has passed. It's not uncommon for residents to experience irritated airways due to fungal spores in the air.

This type of damage is potentially expensive to repair and needs to be rectified quickly. It is therefore important to clarify the seller's responsibility as soon as possible. If the seller has lived in the property before the sale, the seller should be aware of the poor indoor climate. If the seller did not disclose this before the sale, it may be a fault or defect.

Faulty electrical system

Work on electrical installations should only be carried out by skilled labour. Not all homeowners take this seriously. They therefore choose to install all or part of the electrical system themselves.

If work on the electrical system is not carried out by skilled labour, this can lead to fire hazards and potentially to expensive repairs. However, it can be difficult to prevail against the seller in cases of faulty electrical installations because the regulations are unclear.

However, if there are significant errors and the seller has concealed this information from the buyer, it may be a fault or defect in a legal sense.

Read more: Everything you need to know about Housing Listing Act, also called for Act on contracts with consumers for the construction of new housing, etc.

Read more: Everything you need to know about Disposal Act, also called for Act on the disposal of real property.

Read more: Everything you need to know about Craftsman Services Act, also called for Act on craftsman services etc. for consumers.

Wrong area - area deviation

An incorrect area, or area discrepancy, means that the property is smaller than the seller stated to the buyer. If the house is marketed as a villa of 225 square metres and it turns out that the villa is 200 square metres when you move in, this may be an error or defect.

What requirements can you set

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.

Why should I choose Advokatfirmaet Halvorsen & Co?

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

The law firm 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 about faults and defects in your property. Get in touch with us today.