Gulating Court of Appeal: Neighbor convicted of assault not enough of a reason to cancel home purchase

Gulating Court of AppealPhoto: Marit Hommedal / NTB

A home buyer who changed his mind when he found out that the neighbor had been convicted of assault must pay a million kroner in compensation to the seller. The Gulating Court of Appeal decided the case by two votes to one.

When the home was put up for sale in 2018, the neighbor was charged, but not convicted of sexual assault of minors, Rett24 writes. Before the home was finally sold the following year, the neighbor in question was convicted of producing and possessing abusive material and of sexually abusive behavior towards his stepdaughters.

Everyone in the neighborhood, except the couple who had just bought the home, knew about the case. The buyers only found out about the neighbor the day after entering into a contract, a contract they terminated a week later.

Not a real danger?

The court has assessed whether the seller was obliged to inform about the neighbor’s conviction before the sale. The majority believes that this does not fall under the duty to provide information. They believe the neighbor does not pose a real danger. They also refer to the convicted man’s privacy.

The seller had to re-sell the home but ended up getting a million kroner less for it. That difference is what the original buyers are now sentenced to pay.

The verdict has been appealed to the Supreme Court, but the appeals committee has not yet decided whether it will be allowed to proceed.

Source : © NTB Scanpix / #Norway Today / #NorwayTodayNews

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