GENERAL INFORMATION:
The information provided in the property description, prospectus, and other information materials is mainly based on information provided by the seller, as well as the relevant association and its website if available. This information is only verified by the real estate agent if circumstances warrant it. Buyers/prospective buyers are encouraged to verify information regarding, for example, available parking spaces, upcoming renovations, basement spaces, laundry rooms, other spaces belonging to the association, potential fee changes, and other relevant information for the purchase of the condominium. Buyers/prospective buyers are also encouraged to review the annual report and statutes of the association.
DUTY TO INVESTIGATE, ETC:
Starting point for the distribution of responsibility when transferring a condominium;
After the purchase, the condominium should correspond to what has been agreed between the buyer and seller, and what the buyer can reasonably expect; considering the age, price, condition, and use of the condominium. The rules regarding defects in a condominium are found in the purchase law (as a condominium is personal property) but when examining defects and liability for defects, inspiration is often drawn from the rules in the Land Code. Some of the rules have also been formed through practice, after disputes about defects and liability for defects have been tried by the court.
Buyer's duty to investigate:
The buyer's investigation of the condominium is usually facilitated by a viewing of the property. If the buyer has conducted an investigation before the purchase, the buyer cannot later claim as a defect what should have been noticed during the investigation. If the buyer notices something during the investigation and cannot draw any conclusions from it, the buyer must investigate further; for example, by hiring an expert, to fulfill their duty to investigate. In other words, the buyer cannot later claim something as a defect if it can be determined that the circumstance would have been discovered if such an investigation had been carried out. The buyer should also consider that the seller is not responsible for defects or deficiencies that the buyer should have anticipated or expected. For example, if a defect occurs with one of the apartment's appliances, it may be something the buyer should have expected, given its age and expected lifespan. The buyer's obligation to investigate includes not only the condominium but also the circumstances surrounding the condominium association, such as if the association is planning major renovations, increasing its fees, or similar. Therefore, contact with representatives of the association should be part of the buyer's investigation, as well as a review of the statutes and the latest annual report.
Seller's obligations and the importance of transferring the condominium in its existing condition:
For the seller to be liable for an alleged defect when selling the condominium in its existing condition, it must be shown that the condition means that the condominium is in significantly worse condition than the buyer could reasonably expect considering the age, price, use, and other circumstances. The fact that the condominium is being sold in its existing condition can be described as a form of liability limitation for the seller. However, it is the seller's responsibility to inform about essential circumstances regarding the condominium. Even if the condominium has been sold in its existing condition, it may be considered defective if it deviates from the information about the condominium that the seller provided before the purchase, or if the seller has withheld any essential circumstances before the purchase that the buyer could reasonably expect to be informed about. It is therefore in the seller's interest to inform the buyer about defects or symptoms of defects that the seller knows of - or suspects. What the seller has disclosed cannot normally
2,938.54 Sq Ft
Villa
MLS/Listing ID OBJ18423-2093865942
Listing Courtesy of KNIGHT FRANK
Source of Data: KNIGHT FRANK