GENERAL INFORMATION:
The information provided in the object description, prospectus and other informational material is primarily based on information provided by the seller. Some essential information is also obtained from the land surveying authority. This information is only checked by the realtor if circumstances require it. Buyers/bidders are urged to verify this information and other matters relevant to the purchase of the property.
DUTY OF INSPECTION ETC:
Basis for the distribution of responsibility
The starting point according to the Land Code is that the property should correspond with what has been agreed between the parties and should not deviate from what the buyer could reasonably have expected at the time of purchase. Furthermore, it is assumed that the property is bought in the condition it is actually in on the contract day and that the buyer must conduct a thorough examination of the property to protect themselves. The seller cannot be held responsible for defects or damages that the buyer had the opportunity to discover or had reason to expect due to the age and condition of the property. However, the seller is responsible for hidden defects, i.e., defects in the property that the buyer should not have discovered, regardless of whether the seller is aware of the defects or not. The seller's liability for hidden defects in the property applies for 10 years.
Buyer's duty of inspection
The starting point that the buyer must inspect the property is commonly referred to as the buyer's duty of inspection. The requirements for the buyer's inspection are extensive. The property must be examined in all its parts and functions. If possible, the buyer must also inspect attic spaces, crawl spaces and other hard-to-reach areas. Special attention should be paid to moisture damage (especially in the basement and in the attic), rot damage, damage to water and sewage facilities, cracks in the facade and foundation, and chimney stack.
If the buyer discovers defects or symptoms of defects in the property during their inspection, or if the property is in such a condition that defects can be suspected, the requirements for the buyer's duty of inspection are intensified.
Even the information provided by the seller affects the extent of the duty of inspection. If the seller, for example, informs the buyer of a suspected defect, it can serve as a warning signal, which should prompt a more thorough investigation on the buyer's part. On the other hand, the buyer should not have to inspect those parts of the property for which the seller has made explicit promises or guarantees, provided these are not too generally held.
Finally, the buyer should keep in mind that the seller is not responsible for defects and shortcomings that the buyer should have expected or should have "anticipated" considering the age, price, condition and use of the property. Therefore, they should adapt their inspection accordingly. If the purchase involves a used house, the buyer must account for the fact that certain parts and functions have been subject to wear and tear and due to age may even be worn out and in need of replacement or at least renovation.
Appointing an inspector
The Land Code assumes that the buyer themselves, under normal circumstances, should be able to fulfill their basic duty of inspection and therefore there is no requirement to engage an expert for this. Despite this, most buyers choose to hire an inspector or other expert, and this is recommended if you do not have special building technical knowledge. The same applies if the buyer initially examines the property themselves and then discovers symptoms of defects that may be difficult to assess the significance of. As stated above, the buyer must examine the property in all its parts and functions. If the buyer engages an expert, it is therefore important to be aware of the extent of a commissioned inspection. Normally such an inspection does not cover certain parts of the proper