Legal advice on property law
Defects in property, e.g. hidden defects, in Gothenburg and Kungsbacka
For most people, buying a property is a major and significant event in their lives. The same applies to selling a property. If the deal does not go as planned, for example if the property turns out to be defective, it can have unforeseen financial consequences for both buyer and seller.
At Glimstedt’s offices in Gothenburg and Kungsbacka, we have extensive experience of assisting clients in cases concerning defects in property.
We help our clients feel secure in their property transaction
What rules apply when buying a property?
Rules on the purchase of property are set out in the Land Code. It is useful to know that the property is the land on which the house stands, while the house is a property accessory that is normally included in the purchase.
There are certain formal requirements for the purchase of property, including that the contract must be concluded in writing to be valid.
A common question is what counts as a defect in a property. A defect in the sense of the law can exist in two cases.
There is a defect if the property does not correspond to what the parties agreed upon. This is called a concrete defect. What the parties agreed is stated in the purchase contract and any appendices. However, what has been said verbally between the parties regarding the characteristics of the property may also be relevant to the assessment of defects.
A defect also exists if the property deviates from what the buyer could reasonably have expected. This is called an abstract defect. What a buyer could reasonably have expected differs from case to case. In the assessment, various circumstances related to the purchase are considered, such as the age and condition of the property. An example of an abstract defect is that a building on the property has not been built in accordance with the building standards in force at the time of construction. The property is then considered to be in a worse condition than the buyer could have foreseen.
The buyer’s duty to inspect the property
When buying a property, the buyer has an extensive duty to inspect it. In short, this means that the buyer may not complain about defects that he or she should have discovered during a thorough inspection of the property. If the buyer suspects a defect during the inspection, the obligation to investigate is strengthened in that the buyer is expected to investigate the possible defect.
In some cases, the buyer may be able to claim a defect even though it should have been discovered during a thorough inspection. This may be the case if the seller has deliberately withheld information about a significant defect. The seller therefore has a certain duty of disclosure.
Disputes concerning defects in real estate are often complex and involve large sums of money. They therefore require a good knowledge and experience of property law to assess whether or not a defect can be invoked.
Do you need help with hidden defects in your property?
At Glimstedt’s offices in Gothenburg and Kungsbacka, we have extensive experience in property law.
We offer legal consultation on issues such as property defects and will do our utmost to protect your interests.
Our Expert Lawyers in property law – Gothenburg and Kungsbacka
Niclas Elison
Cornelia Sundberg
Otto Hansson Johansson
Erik Lindskog
Advokatfirman Glimstedt has eleven offices in Sweden and three in the Baltic States. Visit www.glimstedt.se to learn more about our entire business.