GENERAL INFORMATION:
The information provided in the property description, prospect, and other informational 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 require it. Buyers/prospective buyers are encouraged to verify this information and anything else that is important for the purchase of the property.
DUTY TO INSPECT, ETC:
Basis for the allocation of responsibilities:
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 the purchase. Additionally, the property is bought in the condition it is in on the day of the contract, 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 anticipated 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 responsibility for hidden defects in the property lasts for 10 years.
Buyer's duty to inspect:
The buyer must inspect the property thoroughly, including all its parts and functions. If possible, the buyer should also inspect attic spaces, crawl spaces, and other hard-to-reach 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 the inspection, or if the property is in such a state that defects can be suspected, the buyer's duty to inspect is heightened.
Engaging a surveyor:
The Swedish Land Code assumes that the buyer can usually fulfill their basic duty to inspect on their own, and it is not a requirement to engage an expert for this purpose. However, most buyers choose to engage a surveyor or other expert, especially if they lack specific knowledge in building technology. If the buyer has initially inspected the property themselves and discovered symptoms of defects that are difficult to assess, it is recommended to engage an expert. It is important to consider the extent of a commissioned inspection and whether it includes all parts of the property.
SELLER'S DISCLOSURE OBLIGATION:
There is no general disclosure obligation equivalent to the buyer's duty to inspect. The relevance of a defect depends on whether it is possible for the buyer to discover it. Only if the defect is not discoverable is it relevant. However, the seller may be liable for compensation if they knew or should have known about the defect but did not inform the buyer. If a seller conceals a defect through deceitful or dishonest behavior, they may lose the right to claim that the buyer did not fulfill their duty to inspect.
Seller's representations:
The seller may be bound by a representation regarding the condition of the property, especially if the seller has made a clear and specific representation regarding the property's condition. General or vague statements are usually not considered representations.
Freedom of contract, exemption clause:
Parties have freedom of contract regarding the liability for the property's condition. Therefore, parties can agree on a different allocation of responsibilities than what is stated above. For example, the seller may exempt themselves from liability for the property's condition, either generally or regarding a specific function.
Seller's liability insurance:
Through seller's liability insurance, the seller can limit their financial risk for hidden defects in the property, while ensuring that the buyer is compensated for such defects. Seller's liabili
1,431.6 Sq Ft
Villa
MLS/Listing ID OBJ25595-2053369683
Listing Courtesy of KNIGHT FRANK
Source of Data: KNIGHT FRANK