GENERAL INFORMATION:
The information provided in the object description, prospectus, and other informational material 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 relevant information for the purchase of the property.
DUTY TO INSPECT ETC:
Starting point for the distribution of responsibility;
According to the Land Code, the property must conform to what has been agreed upon between the parties and not deviate from what the buyer could reasonably expect at the time of purchase. Furthermore, it is purchased in the condition it is actually in on the date of the contract and the buyer, to secure themselves, must conduct a thorough inspection of the property. The seller cannot be held responsible 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, meaning 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 responsibility 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 must also inspect attic spaces, crawl spaces, and other difficult-to-access areas. Special attention should be given to moisture damage (especially in the basement and attic), rot damage, damage to water and drainage systems, cracks in the facade and foundation, and the chimney stack. 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 requirements for the buyer's duty to inspect are heightened. The information provided by the seller also affects the extent of the buyer's duty to inspect. If, for example, the seller informs the buyer of a suspected defect, it can serve as a warning signal that should prompt a more thorough inspection by the buyer.
Engagement of a surveyor:
The Land Code assumes that the buyer can usually fulfill their basic duty to inspect on their own, and therefore, it is not a requirement to engage an expert for this purpose. Nevertheless, most buyers choose to engage a surveyor or other expert, especially if they do not have specific building technical knowledge. If the buyer initially inspects the property themselves and discovers symptoms of defects that are difficult to assess, it is important to engage an expert. It is essential to be aware of the extent of the survey ordered by the buyer. Typically, such a survey does not cover certain parts of the property such as electrical installations, water and drainage systems, flues, etc., so the buyer should consider supplementing their inspection.
Seller's duty to provide information:
There is no general duty equivalent to the buyer's duty to inspect. The crucial factor in determining whether an actual defect is relevant is if the defect is discoverable by the buyer. Only if the defect is not discoverable is it considered relevant. Despite this, the seller may still have a duty to provide information in the sense that they may be liable if they actually knew about the defect, or should have known, but did not inform the buyer. If the seller's failure to disclose a defect involves deceitful or dishonest behavior, 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 best interest to inform the buyer of any known defects or suspected defects.
Seller's representations:
The seller may be bound by a representation regarding the condition of the property, primarily if the seller has made a clear and specific representation regarding the property's condition.
1,776.04 Sq Ft
Villa
MLS/Listing ID OBJ13492-2074734930
Listing Courtesy of KNIGHT FRANK
Source of Data: KNIGHT FRANK