Duty of Disclosure When Selling a Home in Norway: What You Must Tell the Buyer

What is the duty of disclosure?

When you sell residential property in Norway, you have a statutory duty to inform the buyer about conditions relating to the property that may be relevant to the purchase. This duty applies whether you use an estate agent or sell privately. It follows from the Norwegian Property Sales Act (avhendingsloven).

In practice, this means that you must disclose everything you know, or ought reasonably to know, that may influence the buyer’s decision to purchase the property or the price they are willing to pay.

What must you disclose?

Technical condition

Moisture problems you have experienced, even if they have been remedied. Pest infestations you have had or still have. Faults in the electrical installation, plumbing, or ventilation. Settlement damage or cracks in the foundations. Previous leaks from the roof or windows. Radon measurements above the action threshold. Work carried out without proper expertise or without the necessary approval.

A condition report (tilstandsrapport) documents what the building surveyor identifies during the inspection, including inspection openings (hulltaking) in wet rooms where relevant. However, you may know things that are not visible on the day of the inspection. These matters must be disclosed in the seller’s self-declaration (egenerklæring).

Matters outside the dwelling itself

Noise from roads, railways, aircraft, or neighbours. Planned construction projects in the area. Neighbour disputes. Ground contamination. Restrictions in the zoning plan. Odours from nearby business activities.

Legal and financial matters

Encumbrances affecting the property. Shared debt and planned upgrading in a housing cooperative or condominium association. Missing completion certificate for building work. Unauthorised change of use. Easements restricting the use of the property. Ongoing disputes with neighbours or contractors.

The seller’s self-declaration

The seller’s self-declaration (egenerklæring) is the document in which you confirm what you know about the property. It asks specific questions about a range of matters. Answer honestly and thoroughly.

A useful rule of thumb is this: write too much rather than too little. If you are unsure whether something is relevant, include it. It is far better to disclose something unnecessary than to be accused of withholding information after the sale.

Common mistakes in the self-declaration

Answering “do not know” to questions where you in fact know the answer. Minimising known problems. Omitting previously repaired damage because you consider it solved. Forgetting to mention work you have carried out yourself.

Consequences of breaching the duty of disclosure

If the buyer discovers matters you ought to have disclosed, they may bring a complaint. The buyer must complain within a reasonable time after discovering, or after they should have discovered, the issue, and in any case no later than five years after completion.

Possible consequences include:

• Price reduction: The buyer receives compensation for the difference between the property’s value with and without the defect.
• Damages: You may be liable for consequential losses and costs incurred by the buyer.
• Rescission: In serious cases, the buyer may seek to rescind the entire transaction and return the property.

If it can be proven that you deliberately withheld information, this may be regarded as fraudulent conduct. In that situation, the buyer’s legal position is materially stronger, and your potential liability may also be greater.

The condition report as a safeguard

A thorough condition report prepared under the regulations on safer property sales documents the technical condition of the property at the time of sale. If the buyer later complains about something that is already described in the report, you as the seller have strong protection.

The condition report and the seller’s self-declaration complement each other. The report covers the technical aspects. The self-declaration covers what you know beyond what the building surveyor is able to identify. Together, they provide a more complete picture of the property.

Practical advice for complying with the duty of disclosure

Order the condition report early

The report gives you, as the seller, an overview of the property’s condition. If something is identified that you were not aware of, you can decide how to deal with it before the sale.

Complete the self-declaration carefully

Take your time. Go through each question. Think back over everything that has happened since you purchased the property.

Do not minimise problems

Describe matters as they are. Buyers generally accept defects better when they have been disclosed in advance.

Keep receipts and documentation

Documentation of remedial work shows that you have taken the issue seriously and addressed it properly.

Put everything in writing

Oral information is difficult to prove afterwards. Make sure that all relevant information is included in the self-declaration or attached as supporting documentation.

The duty of disclosure applies regardless of how the property is sold

The duty of disclosure follows from the Norwegian Property Sales Act (avhendingsloven) and applies to all residential sales, whether you use an estate agent or sell privately.

The important thing is that the information given to the buyer is correct, clear, and complete. CR Takst provides condition reports and floor area measurements that cover the technical basis, and can also offer guidance on what you should pay attention to in the seller’s self-declaration.