How to complain against a faulty service

Services covered by the Consumer Services Act

This information applies for services covered by the Consumer Services Act. This law applies to:

• Work on movable property. For example, repairs to a car or TV.

• Work on fixed property, to buildings or other facilities on land or in the water or on other fixed property. For example, house renovations or painting work.

• Storage of movable property. For example, storage of furniture or boats.

The law does not apply to treatments for animals or people, such as hairdressing services or veterinary services. Nor does it apply in transport assignments, such as furniture removal.

When is the service defective?

A service can be considered to be defective if the results do not correspond to what you and the company have agreed on. This can also concern the work not being professionally done, such as if the work is poorly done or if there are defects. The work being done professionally means that the results must correspond to what is expected of a knowledgeable and earnest professional. You should be able, for example, to expect the company to follow the guidelines and recommendations that exist for the industry he or she works in.

How much time do you have to file complaint about defects

How much time you have to file complaint depends on what kind of service you purchased. For storage services and work on movable property, you have up to three years to file complaint on faults. Storage services refer, for example, to when you pay a company to store your things. Work on movable property can, among other things, be repair, maintenance and cleaning work, such as the service or repair of a car.

For work on land, buildings and other fixed property, you have a right to file complaint for up to ten years. Examples of such work are re-roofing, drainage and painting.

File a complaint as soon as you discover the fault, within two months at the latest

You must file a complaint on the fault within a reasonable amount of time from when you discovered or should have discovered the fault. If you file complaint within two months, it always counts as being within a reasonable amount of time. If you wait too long to file a complaint, you may lose the possibility of demanding that the company correct the fault.

What can you demand of the company in the event of a fault or defect?

The Consumer Services Act governs what you can demand.

Firstly: that the company fixes the fault

You can firstly demand that the company fixes the fault free of charge. You have the right to receive the results that you and the company agreed on. This being done free of charge means that the company must bear all of the costs associated with fixing the fault – such as materials, travel and labour. 

Secondly: that you receive a price reduction

The price reduction should match the defect, such as what it costs to have the defect fixed by another company.

Thirdly: that you can revoke the agreement

Revoking the agreement means that the work is discontinued, and that you are not obliged to pay for the service. The company then also has no obligation to complete the work.

Compensation on the grounds of the fault

It is the company that must bear any costs or financial losses that you incur due to the fault. Examples may be:

• Loss of income, for example if you have to take time off of work to inspect the fault together with the company

• Cost for an opinion from an inspector or other expert (if needed to be able to prove the fault)

Remember that it is actual costs, not the trouble or the time you spend on the complaint, that you can demand compensation for. You need to be able to present documentation, such as receipts, invoices or other certificates, on what costs you have had and the costs must be reasonable and have a direct connection to the defect.

Right to withhold payment

If the service is incorrect, you have the right by law to withhold part or all of the payment as security. This serves as a means of pressure on the company and a security for you.

The part of the payment you withhold should correspond to the fault. This essentially means that you can withhold such a large amount that it covers the cost to bring in another company to fix the faults. Sometimes, it can help to contact other companies in the industry to get a price quote for what it would cost to fix the fault.

It is important that you notify the company in writing that you are withholding payment and why. You can send an email or a text message, for example.

If the company caused damage

According to the Consumer Services Act, you have the right to demand damages from the company if they cause damage in connection with the service being performed. This can involve the object of the service being damaged, such as if the company you engage to change tires on the car scratches the paint. This may also involve the company damaging something else on your property; for example, if the company you engaged to repair your heat pump drops a tool that causes damage to the floor.

Document the fault

When you discover faults or defects, it is important that you document what is wrong. You need to be able to show the company what you think is wrong and the documentation becomes important if you and the company do not agree on the fault.

You can document the fault by taking pictures or filming, for example. Remember that the quality needs to be good enough that the fault is clearly visible. If there is no good way to document the fault, you can describe it when you contact the company to file complaint.

Contact the company and ask that the fault be fixed

After you have discovered a defect, it is important that you contact the company as soon as possible to give them the chance to investigate and fix the defect. It is somewhat common for the company to need to come out and look at the fault to be able to decide what needs to be done. It also might not be clear what caused the defect.

It is always good to have written documentation that shows that you contacted the company to file complaint. If possible, it is therefore good to send a text message or email. Then, you can also attach documentation that shows the fault, such as pictures.

If you and the company do not agree

If you need guidance, you can contact Hallå konsument [Hello Consumer]. We are a national information service that can provide information on your rights and what options you have to make progress. We provide independent guidance and therefore cannot assess your individual matter, resolve disputes or contact companies for you.

Contact information to Hallå konsument

If you and the company do not agree, you can in many cases file a report with the National Board for Consumer Disputes (ARN) to have the dispute tried. It is free of charge

Read more about filing a report on the ARN website

To be able to file a report to ARN, the company must have said partly or entirely no to your requirement, or has not responded at all.