GENERAL INFORMATION:
The information provided in the property description, prospectus, and other information material is mainly based on information provided by the seller. Some essential information is also gathered from the land registry. This information is only verified by the real estate agent if circumstances require it. Buyers/prospective buyers are encouraged to verify this information as well as any other information that is relevant to the purchase of the property.
DUTY TO INSPECT, ETC:
Starting point for the allocation of responsibilities;
According to the Land Code, the property should correspond to what has been agreed between the parties and should not deviate from what the buyer could reasonably expect at the time of purchase. In addition, the property is purchased in the condition it is in on the date of the contract, and the buyer, to protect themselves, should conduct a thorough examination of the property. The seller cannot be held responsible for faults or damages that the buyer could have discovered or anticipated due to the age and condition of the property. However, the seller is responsible for hidden faults, meaning faults in the property that the buyer could not have discovered, regardless of whether the seller knew about the faults or not. The seller's liability for hidden faults in the property is valid for 10 years.
Buyer's duty to inspect:
The starting point is that the buyer must inspect the property, which is usually referred to as the buyer's duty to inspect. The requirements for the buyer's inspection are extensive. The property should be inspected in all its parts and functions. If possible, the buyer should also inspect attic spaces, crawl spaces, and other difficult-to-access areas. Special attention should be paid to moisture damage (especially in the basement and attic), rot damage, damage to water and sewage systems, cracks in the facade and foundation walls, and chimney stacks. If the buyer discovers faults or symptoms of faults during the inspection or if the property is in a condition that suggests faults, the requirements for the buyer's duty to inspect are increased.
Engaging a surveyor:
The Land Code assumes that the buyer should be able to fulfill their basic duty to inspect on their own, and it is not a requirement to engage an expert for this. However, most buyers choose to engage a surveyor or another expert, which is recommended if they do not have specific building technical knowledge. The same applies if the buyer has initially inspected the property themselves and discovered symptoms of faults that may be difficult to assess. If the buyer engages an expert, it is important to be aware of the scope of the inspection. Normally, such an inspection does not cover certain parts of the property, such as electrical installations, water and sewage systems, chimneys, etc., so the buyer should consider supplementing their inspection.
Seller's duty to inform:
There is no general duty of information equivalent to the buyer's duty to inspect. The assessment of whether an actual fault is relevant depends on whether the fault is detectable by the buyer. Only if the fault is not detectable is it relevant. Nonetheless, the seller may have a duty to inform in the sense that they may be liable for compensation if they actually knew or should have known about the fault but did not inform the buyer. If the omission of information constitutes fraudulent or otherwise dishonest conduct, the seller may lose the right to claim that the buyer did not fulfill their duty to inspect. Therefore, it is in the seller's interest to inform the buyer of any faults or suspected faults they are aware of. What the seller discloses is not hidden and cannot usually be invoked by the buyer.
Seller's representations:
The seller may be bound by a representation regarding the condition of the property. This mainly applies when the seller has made a clear and specific representation regarding the condition of the
2,895.49 Sq Ft
Villa
MLS/Listing ID OBJ18423-2137633393
Listing Courtesy of KNIGHT FRANK
Source of Data: KNIGHT FRANK