GENERAL INFORMATION:
The information provided in the property description, prospectus, and other information 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 as well as anything else that is relevant to the purchase of the property.
DUTY OF INSPECTION, ETC:
Starting point for the allocation of responsibilities;
According to the Swedish Land Code, the property must correspond to what has been agreed upon by the parties and must not deviate from what the buyer could reasonably expect at the time of purchase. Additionally, it is purchased in the condition it is in on the contract date, and the buyer, in order to secure themselves, should conduct a thorough inspection of the property. For defects or damages that the buyer had the opportunity to discover or should have expected due to the age and condition of the property, the seller cannot be held responsible. However, the seller is responsible for hidden defects, i.e., defects in the property that the buyer should not have discovered, 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 of inspection:
The starting point is that the buyer must inspect the property, which is called the buyer's duty of inspection. The requirements for the buyer's inspection are extensive. The property must be examined 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 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 such a condition that defects can be suspected, the requirements for the buyer's duty of inspection are heightened.
Hiring a surveyor:
The Swedish Land Code assumes that the buyer should be able to fulfill their basic duty of inspection on their own, and it is not a requirement to hire an expert for this. However, most buyers choose to hire a surveyor or other expert, which is recommended if they do not have specific building technical knowledge. 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 hires an expert, it is important to be alert to the extent of the ordered inspection. Normally, such an inspection does not cover certain parts of the property, such as electrical installations, water and sewage systems, flues, etc., so the buyer should consider supplementing their inspection.
Seller's duty of disclosure:
There is no general duty of disclosure corresponding to the buyer's duty of inspection. The crucial factor in determining whether an actual defect is relevant is whether the defect is detectable by the buyer. Only if the defect is not detectable is it relevant. Despite this, it can still be said that the seller has a duty of disclosure 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 withholding of a defect involves fraudulent or other dishonest conduct, the seller may lose the right to claim that the buyer did not fulfill their duty of inspection. It is therefore in the seller's best interest to inform the buyer of any defects or symptoms of defects that they know or suspect exist. What the seller discloses is not hidden and cannot normally be invoked by the buyer.
Seller's representations:
The seller c
1,420.83 Sq Ft
Villa
MLS/Listing ID OBJ30208-2136565215
Listing Courtesy of KNIGHT FRANK
Source of Data: KNIGHT FRANK