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DenmarkDomsdatabasen

Property-defect limitation can start before the formal takeover date

Højesteret counted from the buyer’s earlier possession date, subject to suspension until knowledge of the claim. Both seller and estate-agent claims were time-barred when proceedings began.

By Taxxa AI OyPublished 2 September 2026

Legal & Corporate

Industry: Across industries

Højesteret has confirmed that limitation for a property-defect claim against sellers can start when the buyer receives the agreed right to possess the property, before the formal takeover dateDomsdatabasen. In its judgment of 11 August 2026Domsdatabasen, the Court also applied the rule suspending time until the claimant knew or should have known of the claimDomsdatabasen. The buyer’s claims were time-barredDomsdatabasen.

The buyer took possession on 15 November 2017, while the purchase agreement set formal takeover for 1 December 2017. The sales particulars described windows as approximately ten years old. Shortly after taking possession, the buyer discovered that several were substantially older and complained to the estate agent on 26 November 2017.

For the claims against the sellers, the Court applied the three-year limitation period for claims arising from breach of contractDomsdatabasen. It counted the underlying starting point from 15 November 2017, when the buyer obtained possession under the agreement and the sellers had to deliver their contractual performanceDomsdatabasen. The later formal takeover date did not prevent the buyer from interrupting limitation by bringing proceedings before that dateDomsdatabasen.

Knowledge nevertheless affected the calculation. The buyer was aware of the discrepancy by 26 November 2017 at the latest, when she complained about the windowsDomsdatabasen. Applying the suspension rule, the Court therefore calculated the three years from that date. The claim became time-barred on 26 November 2020Domsdatabasen, before proceedings were brought on 30 November 2020Domsdatabasen.

The estate-agent claim was treated as a non-contractual damages claimDomsdatabasen. The Court reached the same limitation result through the knowledge-based suspension ruleDomsdatabasen. The additional period associated with the earlier private complaints-board proceedings did not change the outcome: it expired one year after the board’s decision of 31 May 2018Domsdatabasen. Højesteret upheld the lower court’s judgmentDomsdatabasen.

The legal basis is Højesteret’s judgment of 11 August 2026 in BS-47576/2025-HJR, applying forældelsesloven sections 2(3)–2(4), 3(1)–3(2) and 21(2)–21(3).

Calculate limitation from contractual performance and the claimant’s knowledge, and assess any complaint-related extension separately before bringing proceedings.

Sources