GENERAL INFORMATION:
The information provided in the property description, prospectus, and other informational materials is primarily based on information provided by the seller. Some essential information is also obtained from the land registry. This information is only verified by the real estate agent if circumstances require it. Buyers/interested parties are encouraged to verify this information as well as other factors that are significant for the purchase of the property.
DUTY TO INSPECT, ETC:
Basis for the allocation of responsibility;
According to the Swedish Land Code, the property should correspond to what has been agreed upon between the parties and should not deviate from what the buyer could reasonably expect at the time of purchase. Furthermore, it is purchased in the condition it is in on the date of the contract, and the buyer, in order to secure themselves, should conduct a thorough inspection of the property. Seller is not responsible for defects 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 defects, meaning defects in the property that the buyer could not have discovered, regardless of whether the seller was aware of them or not. The seller's responsibility for hidden defects 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 known 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 damages, damages to water and sewage systems, cracks in the facade and foundation, as well as chimney stacks. If the buyer discovers defects or symptoms of defects during their inspection, or if the property is in a condition where defects can be suspected, the requirements for the buyer's duty to inspect are increased.
Use of surveyor
The Swedish Land Code assumes that the buyer should be able to fulfill their basic duty to inspect on their own, and there is no requirement to hire an expert for this purpose. However, most buyers choose to hire a surveyor or other 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 defects that are difficult to assess. If the buyer hires an expert, it is important to be aware of the extent of the inspection. Normally, such an inspection does not cover certain parts of the property such as electrical installations, water and sewage, flues, etc., so the buyer should consider supplementing their inspection.
SELLER'S DUTY TO INFORM
There is no general duty to inform equivalent to the buyer's duty to inspect. The crucial factor in determining whether an actual defect is relevant is whether the defect is detectable by the buyer. Only if the defect is not detectable is it relevant. Nevertheless, 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 defect but did not inform the buyer. If the concealment of a defect involves deceitful or other dishonest conduct, the seller may lose the right to claim that the buyer did not fulfill their duty to inspect.
Seller's promises
The seller may be bound by a promise regarding the condition of the property, mainly when the seller has made a clear and specific promise concerning the property's condition. Generally praising or general statements are not considered promises.
FREEDOM OF CONTRACT, EXEMPTION
Parties have the freedom to agree on the responsibility for the property's condition, so they can agree on a different allocation of resp
4,079.52 Sq Ft
Villa
MLS/Listing ID OBJ18423-2092122433
Listing Courtesy of KNIGHT FRANK
Source of Data: KNIGHT FRANK