Sale of house with grey silverfish
Supreme Court judgment 26 March 2021, HR-2021-668-A, (case no. 20-144513SIV-HRET), civil case, appeal against judgment.
I.
Torunn Klefstad, Erlend Klefstad, HDI Global Specialty SE (Counsel Arne Meidell) v. Ernst Ottar Nøkkevangen, Pøni Iren Peggy Nøkkevangen (Counsel Johan Ivar Ansnes)
II.
Ernst Ottar Nøkkevangen, Pøni Iren Peggy Nøkkevangen (Counsel Johan Ivar Ansnes) v. Torunn Klefstad, Erlend Klefstad, HDI Global Specialty SE (Counsel Arne Meidell)
Justices: Skoghøy, Matheson, Falkanger, Arntzen, Østensen Berglund
After silverfish had been discovered in a house that had been sold "as is", the sellers had engaged a pest control firm to rectify the fault. It had to be assumed that the house was free of grey silverfish after this operation. Since the fault had been rectified, and no drop in value had been substantiated due to the risk that the grey silverfish would return, there was no basis for a price reduction for a "residual defects" (restlyte), see section 4-12 subsection 2 of the Sale of Property Act. Nor could be buyers demand a price reduction for the temporary inconvenience they had incurred because of the rectification. This had taken place within a reasonable time and without significant disadvantage for the buyers, see section 4-10, subsections 1 and 3 of the Sale of Property Act. The Supreme Court ruled in favour of the sellers and their insurance company.
Read the whole judgment (Norwegian only)