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Insurance Terms and Conditions for Home Buyer's Insurance

Insurance terms and conditions dated 1 February 2026

Content:

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1. Insurance policyholder

HELP Home Buyer Insurance applies to consumers who have purchased an undeveloped plot of land or a home that was completed at the time of purchase, and who have entered into an insurance agreement related to this home purchase.

Insurer: HELP Forsikring AS, (hereinafter referred to as "the Company")
Policyholder/Insured: Consumer(s) named in the purchase contract (hereinafter referred to as "Insured")

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2. Which residential/property purchase the insurance applies to

2.1    Residential property

The insurance applies to the purchase of undeveloped land or residential property in Norway, as specified in the insurance certificate, and which is regulated by the Norwegian Sale of Goods Act.

2.2    Exceptions

Limited cover for the purchase of agricultural property, former agricultural property, including smallholdings and other combined properties:

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3. Insurance period

The insurance covers costs in accordance with clauses 5 and 7 of the terms and conditions for legal assistance needs that are established during the insurance period.

The insurance is valid from the time the property purchase contract is signed by both parties, provided that the premium is paid no later than the agreed takeover date, and covers costs in accordance with sections 5 and 7.

If the circumstances giving rise to the need for legal assistance were known to the Insured before signing the property purchase contract, the case is not covered by the insurance.

Unless the property is transferred, the insurance applies as long as the Insured has a right of complaint against the property seller in accordance with the Norwegian Sale of Goods Act, but in any case limited to five years after the takeover.

The insurance shall cease if the Insured enters into an agreement (acceptance of offer) for resale or other transfer to a third party. Legal aid needs based on circumstances that became known to the Insured after entering into an agreement with a third party are therefore not covered. The same applies in the event of a change of ownership.

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4. Notification of claim

The Insured must report the damage to the Company without undue delay. If the Company has not been notified of the damage within one year after the circumstances and/or information on which the case is based became known to the Insured, the right to cover is lost, cf. Section 8-5 of the Insurance Contracts Act. Enquiries to the Company should be addressed to:

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5. Coverage area

5.1 What is covered?

5.1.1 Right of disposal

The insurance covers the Insured's reasonable and necessary legal expenses, as well as costs for reasonable and necessary documentation, associated with complaints and legal disputes against the seller and the seller's liability insurance (home seller insurance). This only applies if it can be substantiated that the Insured has a claim as a result of defects in accordance with the Sale of Goods Act and the purchase contract. The same applies in the event of delay on the part of the home seller.

Legal fees are covered at an hourly rate corresponding to the applicable public fee rate at any given time, cf. the Fee Regulations § 2. When the Insured uses a lawyer appointed by the Company, cf. sections 7.3 and 7.4, the insurance also covers:

5.1.2 Planning and building law

As a private individual, the insured is entitled to 10 hours of legal assistance per calendar year in connection with comments on measures and planning proposals affecting the property and in connection with appeals to public appeal bodies within planning and building law.

Legal assistance is provided until the case is concluded by a decision in the relevant ordinary public appeals body. In the event of an appeal, legal assistance is covered up to NOK 100,000 per insurance case. The insurance covers up to three appeals during the insurance period.

5.2 What is not covered?

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6. Excess

The insured party has an excess of NOK 4,000 for each insurance claim. When several circumstances are reported in such a way that they are handled together (same case number), they are considered as one insurance claim. The excess is triggered when the Insured has received 10 hours of assistance, an expert/appraiser is requested or a dispute has arisen. The Insured's claim for cover is suspended from the time the excess is due until it is paid.

A dispute has arisen if there is disagreement about a claim or if the other party fails to respond to a claim within a reasonable time.

If the Insured is awarded full legal costs/full coverage for expenses in a dispute with the other party, and the Company is thus reimbursed for all its expenses by the Insured, cf. clause 7.5, the Insured will be reimbursed for his/her excess(es) by the Company.

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7. Rights and obligations of the insured and the company

7.1 General – mutual duty of loyalty

The parties are obliged to act loyally towards each other.

7.2 The insured party's duty to provide information

The insured shall provide the Company with a statement of facts and evidence so that the Company has a sufficient basis for assessing and deciding on the question of cover, cf. clauses 3 and 5. The Company may reassess the question of cover if the factual or legal basis for the claim changes. The Insured shall provide all information that may be relevant to such a reassessment of the question of cover.

The Company may suspend further cover if the factual or legal basis for the claim changes and the requirement of probability is no longer met, cf. clause 5.1.

The Insured is obliged to hand over to the Company all documents to which the Insured has access and which may be relevant to the cover under this insurance.

The insured party is obliged to keep all documentation relating to the purchase of the property and any breach of contract, and to hand this over to the Company on request.

All questions relevant to the assessment of cover must be answered honestly and to the best of the Insured's ability. The Insured shall, on his/her own initiative, immediately provide information about all circumstances that may be relevant, and shall make himself/herself available, show the property, objects and documents, etc. to the extent that this may be relevant to the insurance case.
 
The Insured is obliged to provide information about other relevant insurance coverages to which he/she may be entitled.

The insured shall not take any steps, including negotiation initiatives and legal action, against the other party without this having been agreed with the appointed lawyer. If the insured fails to fulfil his/her obligations under these insurance terms and conditions, the insured may lose the right to cover under this insurance.

7.3 The company appoints a solicitor for the Insured

The insurance covers the costs of legal assistance in accordance with the terms and conditions, cf. clause 5. Legal assistance is covered at an hourly rate limited to the public fee rate, cf. the Fee Regulations § 2. The Company is obliged to appoint a solicitor for the Insured.

The Insured and the Company shall receive a reasoned assessment of the likelihood of the claim being successful. If it cannot be substantiated that the claim will be successful, further insurance cover may be suspended, section 7.2 and section 5.

7.4 The Insured chooses a solicitor

If the Insured wishes to use a lawyer of their own choice, the insurance covers legal assistance insofar as the case is covered by the insurance terms and conditions, cf. clause 5.

Legal assistance is covered at an hourly rate limited to the public fee rate, cf. the Fee Regulations § 2. Court fees, including costs for expert lay judges and court-appointed witnesses, are not covered.

Liability for legal costs incurred will not be covered if the Insured engages a lawyer of their own choosing. The Company is not liable for costs incurred as a result of changing lawyers.

The decision to choose a lawyer must be communicated to the Company.

The Company will provide cover and shall cover costs from the time the Insured has demonstrated that the case is covered, cf. clauses 3 and 5. The Insured shall submit to the Company a reasoned assessment of the likelihood that the claim will be successful. If it cannot be substantiated that the claim will be successful, further insurance cover may be suspended, cf. clauses 5 and 7.2.

The limitations in this section also apply if the Insured chooses to have a lawyer appointed by the Company after legal action has been taken against the home seller/seller's liability insurance.

7.5 The Insured's obligations during legal proceedings

In legal proceedings, the Insured shall claim legal costs and compensation for other expenses from the opposing party. The claim shall principally be based on the Dispute Act insofar as there are grounds for this. Awarded legal costs and compensation for other expenses shall accrue to the Company in the amount corresponding to the amount paid under the policy. The Company may demand that the Insured's claim for legal costs and compensation for other expenses be transferred to it.

If the Insured does not submit a claim for legal costs and compensation for expenses to the opposing party, the Company will demand that these expenses be reimbursed by the Insured. The expenses are thus considered an advance payment of the expenses incurred by the Insured in a defect case against the seller of the property.

The court decision, or the most recent court decision where the case has been heard by several instances, determines the Company's claim for awarded legal costs and other compensation items against the Insured. If, after a judgment or other court decision has been made, the Insured enters into a settlement agreement that reduces the Insured's claim for coverage of legal costs and compensation items covered by the Company, the subsequent agreement between the Insured and the counterparty shall not be binding on the Company's rights. As soon as possible after the court decision has been made, the Insured shall provide the Company with a detailed timesheet and a list of any other legal costs and expenses that the Insured claims to be covered under the policy. When a lawyer has represented the Insured in court proceedings, the timesheet and list of any other legal costs and expenses must be provided to the Company no later than two weeks after the decision has been announced.

The Insured shall, at the request of the Company, petition the court to determine the lawyer's remuneration in accordance with Section 3-8 of the Dispute Act. The Company shall not be liable for legal costs exceeding the remuneration determined by the court.

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8. Appeal

8.1 The Company's Appeals Board

If the Insured disagrees with a decision to terminate the case or not to pursue the claim further, he/she may request that the decision be reviewed by the Company's independent appeals board. The appeal may be sent to:

The board consists of three persons, at least one of whom shall have a background in a consumer organisation or public sector body working with consumer issues, and at least one of whom shall have legal expertise. The board's consideration of the case is free of charge to the complainant.

The Board decides whether the case should continue at the Company's expense or be closed. The insured party shall be informed of the outcome of the Board's proceedings. The chair of the Board has the right to reject complaints that clearly will not succeed.

If, after the case has been heard by the committee, the Insured chooses to pursue the case on their own and at their own expense, and wins the case, the necessary costs will be covered, cf. section 5. The assessment will be made on the basis of the rules of the Dispute Act on the determination of legal costs.

8.2 Other appeals board

The Insured may also request that the case be brought before the Financial Complaints Board, cf. FAL § 20-1. This applies to all parts of the insurance contract and the insurance settlement. Appeals are processed at no cost to the appellant. Appeals are submitted electronically via the appeal form at www.finansklagenemnda.no. The Financial Complaints Board can also be contacted by telephone on 23 13 19 60, and the secretariat has a duty to provide guidance to the public.

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9. Electronic communication

The Company will communicate with the Insured electronically. The Insured may opt out of electronic communication by contacting HELP's customer service centre. The information sent by the Company may contain important information, and the Insured must ensure that they review all electronic communications from the Company, as these communications may contain information that is essential to the insurance relationship, such as:

Electronic communication means that HELP will send you information as attachments to e-mails or notify you by e-mail/SMS when new documents are available on the customer portal "My Page".

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10. Data protection

All information received by the Company in connection with its work is treated confidentially and is based on the rules governing lawyers' duty of confidentiality. For further information, please refer to HELP's privacy policy (www.help.no). However, it will be necessary to communicate some of the information provided by the Policyholder/Insured to others, for example when using experts and other necessary communication to protect the interests of the Insured. The Company assumes that it has the Insured's permission to disclose such information. Unless otherwise agreed or assumed, the Company has the right to disclose information about a potential or existing client relationship in order to explain conflicts of interest. The Policyholder/Insured agrees that the real estate agency that has brokered the insurance and the Company may exchange information necessary to administer the insurance contract.

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11. Money laundering

In accordance with the rules on money laundering, the Insured Party is always obliged to confirm their identity to HELP by logging in to HELP's "My Page" with BankID, or by other reliable means of identification.

If the identity is not confirmed, the cover will cease.

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12. Background

The insurance agreement consists of the insurance certificate and insurance terms and conditions, as well as the provisions of the Insurance Contracts Act of 16 June 1989 No. 69 (the Insurance Contracts Act) and other legislation.