GENERAL INFORMATION:
The information provided in the property description, prospectus, and other informational materials 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 warrant it. Buyers/interested parties are encouraged to verify this information as well as other factors relevant to the purchase of the property.
DUTY TO INVESTIGATE, ETC:
Basis for the distribution of responsibility;
According to the Land Code, the property must correspond to what has been agreed upon by the parties and 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 day of the contract, and the buyer, in order to ensure themselves, must conduct a thorough examination of the property. The seller cannot be held responsible 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 them or not. The seller's liability for hidden defects in the property extends for 10 years.
Buyer's duty to investigate:
The buyer must investigate the property thoroughly, examining all its parts and functions. If possible, the buyer should also inspect attic spaces, crawl spaces, and other difficult-to-access areas. Special attention should be paid to moisture damage (especially in basements and attics), 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 in the property during their inspection, or if the property is in such a condition that defects can be suspected, the buyer's duty to investigate is heightened.
The information provided by the seller also affects the extent of the duty to investigate. For example, if the seller informs the buyer of a suspected defect, it can serve as a warning signal that should prompt a more thorough investigation on the part of the buyer. On the other hand, the buyer should not have to investigate parts of the property for which the seller has made explicit assurances or guarantees, provided that these assurances are not general in nature.
Finally, the buyer should bear in mind that the seller is not responsible for defects and deficiencies that the buyer should have expected considering the age, price, condition, and use of the property. The buyer should adjust their investigation accordingly. If the purchase involves a used house, the buyer must consider that certain parts and functions may have been subject to wear and tear and may need replacement or renovation due to age.
Engaging a surveyor:
The Land Code assumes that the buyer should be able to fulfill their basic duty to investigate on their own. Therefore, there is no requirement to engage an expert for this purpose. However, most buyers choose to hire a surveyor or other expert, especially 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 previously mentioned, the buyer should investigate the property in all its parts and functions. Therefore, it is important to be aware of the extent of a commissioned inspection when hiring an expert. Typically, 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 investigation.
As a general rule, the examination the buyer conducts or commissions should take place before the purchase, i.e., before the purchase contract is signed by the parties. However, there is nothing preventing the par
1,334.72 Sq Ft
Villa
MLS/Listing ID OBJ23803-2120701106
Listing Courtesy of KNIGHT FRANK
Source of Data: KNIGHT FRANK