GENERAL INFORMATION:
The information provided in the object description, prospectus and other informational materials is primarily based on information provided by the seller. Some essential information is also obtained from the cadastral agency. These facts are checked by the real estate agent only if the circumstances warrant it. Buyers/potential buyers are urged to check this information and anything else that is of importance to the purchase of the property.
DUTY OF INVESTIGATION ETC:
Default for the division of responsibilities
The starting point according to the Land Code is that the property must correspond to what was agreed between the parties and not deviate from what the buyer could reasonably have foreseen at the time of purchase. In addition, it applies that it is purchased in the condition it is actually in on the contract day and that the buyer, in order to secure himself, has to do a thorough investigation of the property. The seller cannot be held responsible for such defects or damages that the buyer had the opportunity to discover or had reason to count on due to the property's age and condition. However, the seller is responsible for hidden faults, i.e., faults in the property that the buyer should not have discovered, regardless of whether the seller himself knew about the faults or not. The seller's liability for hidden defects in the property applies for 10 years.
Buyer's duty of investigation
The starting point is that the buyer's obligation to investigate the property is far-reaching. The property must be examined in all its parts and functions. If possible, the buyer should also inspect attics, crawl spaces and other hard-to-reach areas. Particular attention should be paid to water damage (especially in the basement and attic), rot damage, damage to water and sewage facilities, cracks in the facade and foundation wall, and chimney stock.
If the buyer discovers faults or symptoms of faults in the property during his investigation, or if the property is generally in such condition that faults can be suspected, the requirements for the buyer's investigation duty will be sharpened.
Even the information provided by the seller affects the extent of the duty of investigation. If the seller, for example, informs the buyer of a suspected fault, it can constitute a warning signal, which should lead to a more detailed investigation on the buyer's part. On the other hand, the buyer should not have to investigate those parts of the property for which the seller has given explicit promises or guarantees, provided that these are not too generally held.
The buyer should finally bear in mind that the seller is not responsible for faults and shortcomings that the buyer should have anticipated or should have "expected" considering the property's age, price, condition and use. He should therefore adapt his investigation to this. If the purchase involves a used house, the buyer needs to take into account that some parts and functions have been exposed to wear and tear and due to age can even be worn out and in need of replacement or renovation.
Hiring an inspector
The Land Code assumes that the buyer himself should be able to fulfill his basic duty of investigation, and there is therefore no requirement to hire any expert for this. However, most buyers choose to hire so-called inspectors or other experts, and this is recommended if you do not have special construction technical knowledge. The same applies if the buyer has initially examined the property himself and then discovered symptoms of faults that may be difficult to assess the significance of. As indicated above, the buyer should examine the property in all its parts and functions. If the buyer hires an expert, it is therefore important to be aware of the extent of an ordered inspection. Normally, such an inspection does not include certain parts of the property such as electrical installations, water and sewage, chimneys, etc., which is why the buy
1,302.43 Sq Ft
Villa
MLS/Listing ID OBJ21423-2068014527
Listing Courtesy of KNIGHT FRANK
Source of Data: KNIGHT FRANK