GENERAL INFORMATION:
The information provided in the property description, prospectus, and other information materials is mainly based on information provided by the seller. Certain 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 as well as anything else relevant to the purchase of the property.
DUTY TO INSPECT, ETC.:
Basis for the allocation of responsibility;
According to the 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. In addition, it is purchased in the condition it is actually in on the day of the contract and the buyer, to protect themselves, may conduct a thorough inspection of the property. The seller cannot be held responsible for any such defects or damages that the buyer could have detected or should have expected 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 detected, 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 buyer must inspect the property 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, and chimney stacks. If the buyer discovers defects or symptoms of defects during their inspection, or if the property is in a condition that could suggest defects, the requirements for the buyer's duty to inspect are heightened.
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 hire an expert for this purpose. However, most buyers choose to engage a surveyor or other expert, which is recommended if the buyer does not have specific knowledge of building techniques. The same applies if the buyer has initially inspected the property themselves and discovered symptoms of defects that are difficult to assess. As mentioned above, the buyer must inspect the property in all its parts and functions. Therefore, if the buyer engages an expert, it is important to note the scope of the inspection. Typically, such inspections do not cover certain parts of the property such as electrical installations, water and sewer systems, flues, etc., so the buyer should consider supplementing their inspection.
Seller's obligation to provide information:
There is no general obligation equivalent to the buyer's duty to inspect. The determination of whether a defect is relevant or not depends on whether the defect is discoverable by the buyer. Only if the defect is not detectable is it relevant. Despite this, the seller may have an obligation to provide information 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 seller's failure to disclose a defect involves fraudulent or other dishonest behavior, the seller may lose the right to claim that the buyer did not fulfill their duty to inspect. It is in the seller's own interest to inform the buyer of any known defects or suspected defects. Information provided by the seller is not hidden and cannot generally 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 property's condition. Generally, vague or general statements are
2,012.85 Sq Ft
Villa
MLS/Listing ID OBJ21423-2070264236
Listing Courtesy of KNIGHT FRANK
Source of Data: KNIGHT FRANK