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. These details are only verified by the real estate agent if circumstances require it. Buyers/prospective buyers are encouraged to verify this information as well as other relevant information for the purchase of the property.
OBLIGATION TO INSPECT, ETC:
Basis for the distribution of responsibility;
According to the Land Code, the property must correspond to what has been agreed between the parties and must not deviate from what the buyer could reasonably expect at the time of purchase. Furthermore, the property is purchased in the condition it is in on the contract date, and the buyer must conduct a thorough inspection of the property to secure themselves. The seller is not responsible 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. 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 knew about them or not. The seller's liability for hidden defects in the property applies for 10 years.
Buyer's duty to inspect
The starting point is that the buyer must inspect the property, which is known as the buyer's duty to inspect. The requirements for the buyer's inspection are extensive. The property must be inspected 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 sewer systems, cracks in the facade and foundation, and chimney stacks.
Hiring a surveyor
The Land Code assumes that the buyer should, in normal circumstances, be able to fulfill their basic duty to inspect, 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 initially inspects the property themselves and discovers 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 note the extent of the inspection ordered. Typically, such an inspection does not cover certain parts of the property such as electrical installations, water and sewage, chimneys, etc., so the buyer should consider supplementing their inspection.
Seller's duty to disclose
There is no general obligation for the seller to disclose information equivalent to the buyer's duty to inspect. The relevance of whether an actual defect is relevant or not depends on whether the buyer could have discovered the defect. Only if the defect is not discoverable is it relevant. However, the seller may still have a duty to disclose if they actually knew or should have known about the defect but did not inform the buyer. If withholding information about 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.
Seller's undertakings
The seller may be bound by an undertaking regarding the condition of the property. This mainly applies when the seller has made a clear and specific statement about the condition of the property. Generally praising or general statements are not considered undertakings.
Freedom of contract, disclaimer
The parties have the freedom to agree on a different distribution of responsibility for the condition of the property than what has been stated above. An example of this is when the seller disclaims responsibility for the condition of the property, either genera
1,991.32 Sq Ft
Villa
MLS/Listing ID OBJ30208-2131913744
Listing Courtesy of KNIGHT FRANK
Source of Data: KNIGHT FRANK