Improvement of Corrosion in Car Resulted in Complaint six Years After Purchase
The Supreme Court gave an unanimously decided that the absolute complaint limit of five years, according to the Norwegian consumer law, did not mean that the car owner had complaind too late, even though nearly six years has passed from the purchase until the complaint was made.
Unsuccessful Improvement
The facts were that the buyer of a car had bought a used Mercedes Benz 2000-model from a used car company. After approximately three years, in 2006, the buyer discovered corrosion on the car’s back door, tailgate, and the wing, for which he then complained. The used car company made an improvement of the corrosion damages later in 2006. In 2009, after another three years, and nearly six years after the purchase of the car, the used car owner discovered that the corrosion had returned. He complained in writing shortly after. The parties agreed that the new corrosion was a result of the previous corrosion damage, and that the improvement in 2006 had been unsuccessful.
Absolute limit of complaint period
The question for the Supreme Court was how the absolute complaint limit of five years should be applied after an unsuccessfully attempted complaint. The Supreme Court stated that you cannot require the buyer to complain twice about the same deficiency. The Court decided that the original complaint from 2006 still covered the damages when the corrosion returned in 2009. This is because the improvement after the first complaint was unsuccessful.
For You as a Consumer
You do not have to accept that the seller refuses to accept responsibility after an unsuccessful improvement, referring to the original complaint deadline in the meantime having passed. This does however not mean that you can wait for an unreasonable amount of time before making a notification about an unsuccessful improvement. The relative deadline according to the consumer law will receive an equivalent application on these conditions. You have to give a notification about the relevant improvement attempt being unsuccessful within two months of discovering the damages.
Redelivery
For redelivery or delivery of a new main component, the Supreme Court has stated that the absolute complaint limit is calculated from the delivery of the new part. You will then have a new complaint limit of five years for any deficiency which may arise in relation to the new part. The deadline is not limited to deficiencies resulting in the redelivery, but rather includes all deficiencies relating to the new delivered product.
Do you have any questions relating to Corrosion, unsuccessful improvement and complaints?
Contact Osloadvokatene with barrister Svein Wennevik
wennevik@advokat.no or by phone: 924 11 010
Related cases:
Rescinding the car purchase because of mistakes and deficiencies (Norwegian)
Discovered deficiencies in property after three years (Norwegian)