Useful information for consumers
The buyer’s obligation to inspect
Information from the Estate Agent regarding the buyer’s obligation to
inspect.
The Estate Agent must inform the purchaser of his obligation to inspect
the property. This shall be done in writing and may, for example, be
included in the property description. There must be a breakdown of what
the obligation to inspect involves when purchasing a property, land or
tenant-owned apartment.
The Estate Agent should try to persuade the purchaser to inspect the
property or suggest that the purchaser engage the services of a surveyor.
The inspection should take place as close in time to the signing of the
contract as possible. If it is not possible to carry out the inspection before
the contract is signed, the Estate Agent should suggest an inspection
clause. The Estate Agent is thereafter under no obligation to ensure that
the buyer actually fulfils their obligation to inspect.
The Estate Agent’s initial visit
The Estate Agent does not carry out a survey of the property and is under
no obligation to carry out a detailed inspection. But when engaged the
Estate Agent or a representative of the Estate Agent visits the property
and carries out a simple inspection.
Information from the vendor
The Estate Agent must attempt to see that the seller provides any
information regarding the property which might be deemed of relevance to
the buyer. The Estate Agent should make the seller aware of the
importance of describing the property in an accurate fashion. If the seller
has provided inaccurate information the purchaser may have the right to a
discount. If the event of serious inaccuracies the purchaser may have the
right to cancel.
The Swedish Estate Agents Inspectorate is a government agency with responsibility for supervising registered estate agents.
The Inspectorate issues fact sheets in a series entitled USEFUL INFORMATION whose can be ordered from the Swedish Estate Agents
Inspectorate or downloaded from the Inspectorate’s website.
Box 22034, 104 22 Stockholm VISITS Flem inggatan 20
(0)8 580 069 00 FAX +46 (0)8 580 069 01
E-MAIL registrator@fm i.se WEBSITE w w w .fm i.se
POSTAL ADDRESS
TELEPHONE +46
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The Estate Agent should make the seller aware that certain information
provided by the seller may increase the buyer’s obligation to carry out an
inspection.
The seller’s responsibility regarding undertakings made
If the seller has made guarantees or other undertakings regarding the
condition of the property, the seller is responsible for the validity of these.
The buyer is under no obligation to inspect in this respect. For this reason
the Estate Agent should make the parties aware of the significance of the
seller’s undertakings regarding the property.
Estate Agent’s information regarding defects
The Estate Agent is not responsible for the condition of the property or any
possible defects thereof, but the Estate Agent must inform buyers and
prospective buyers of any factors which might be of significance to them.
This might, for example, consist of defects that the Estate Agent has
observed, is aware of, or has reason to suspect for example through
previous sales or the Agent’s general knowledge.
Building inspection report
This type of survey is a structural inspection of a dwelling. The results of a
survey are presented in a report. Observations on the surveyor’s report
may entail an increased obligation of inspection for the buyer. A more
detailed inspection would then need to be carried out.
A survey does not normally cover installations such as electricity,
heatingsystems, water, sanitary installations, ventilation, fireplaces or
chimney stacks. Neither does the survey cover the garden/grounds or
other buildings thereupon. A survey of a flat does not include the property
and land owned by a Cooperative Housing Association. For the
measurement of radon, noise and water quality other types of inspection
are normally required. Energy declarations constitute a separate service.
It is important for the Estate Agent to explain that the buyer’s obligation to
carry out an inspection comprises more than the Building Inspection
Report.
Defects liability Insurance
There are insurance policies which cover the liability the seller has for
hidden defects upon transfer of ownership. A survey is usually attached to
this insurance. The Estate Agent must inform the parties of the
implications of this insurance for the seller’s responsibilities and the
buyer’s obligation to inspect.
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