GENERAL INFORMATION:
The information provided in the property description, prospectus, and other information materials is mainly 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 warrant it. Buyers/prospective buyers are encouraged to verify this information and other information relevant to the purchase of the property.
DUTY TO INSPECT, ETC:
Basis for the division of responsibility;
According to the Swedish Land Code, the property must correspond to what has been agreed upon between the parties and must not deviate from what the buyer could reasonably expect at the time of purchase. Additionally, it is purchased in the condition it is actually in on the contract date, and the buyer, to secure themselves, must conduct a thorough inspection of the property. The seller is not liable for defects or damages that the buyer could have discovered or expected 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 could not have discovered, regardless of whether the seller was aware of the defects or not. The seller's liability for hidden defects in the property lasts for 10 years.
Buyer's duty to inspect
The basic principle 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 must be inspected in all its parts and functions. If possible, the buyer must also inspect attics, crawl spaces, and other difficult-to-access spaces. Special attention should be paid to moisture damage (especially in the basement and attic), rot damage, damage to water and sewer systems, cracks in the facade and foundation, and chimney stacks. If the buyer discovers defects or symptoms of defects during their inspection, or if the property is in such a condition that defects can be suspected, the buyer's duty to inspect is heightened.
Engaging a surveyor
The Swedish Land Code assumes that the buyer should be able to fulfill their basic duty to inspect themselves, and there is no requirement to engage an expert for this purpose. However, most buyers choose to engage 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 detected symptoms of defects that may be difficult to assess. As mentioned above, the buyer must inspect the property in all its parts and functions. If the buyer engages an expert, it is important to note the scope of the inspection ordered. Normally, such an inspection does not cover certain parts of the property such as electrical installations, water and sewer systems, chimneys, etc., so the buyer may consider supplementing their inspection.
Seller's disclosure obligation
There is no general disclosure obligation equivalent to the buyer's duty to inspect. The relevance of whether an actual defect is relevant or not is determined by whether the defect could have been discovered by the buyer. Only if the defect is not detectable is it relevant. Despite this, it can still be said that the seller has a disclosure obligation in the sense that they may be liable 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 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 about the defects or symptoms of defects they know about or suspect. Additionally, what the seller discloses is not hidden and generally cannot be invoked by the buyer.
Seller's commitments
The seller may be bound by a commitment regarding the condition of the property. This mainly applies wh
3,476.74 Sq Ft
Villa
MLS/Listing ID OBJ18423-2062780770
Listing Courtesy of KNIGHT FRANK
Source of Data: KNIGHT FRANK