Den nya fastighetsmäklarlagen : Fastighetsmäklarföretagens ansvar att verka för korrekt utformade standardavtal

Sammanfattning: Abstract The new Real Estate agents Act (2021: 516), which came into force on 1 July 2021, containsa number of provisions that place new requirements on real estate companies. The previousReal Estate agents Act had no regulation regarding companies, which constituted an obstaclefor the supervisory authority, the Real Estate Inspectorate, to exercise effective control overthe real estate industry. The advantage is that FMI can now carry out direct interventions atcompany level to address any problems. This study focuses on standard agreements and thecompanies' responsibility to work to ensure that real estate agents in the business comply withgood real estate practice and thus use correctly formulated agreements. Many brokers usecompleted standard agreements that have been developed in various stages, from federallawyers at Mäklarsamfundet on to system suppliers and finally to real estate companies.During this process, various additions and changes may be made, which may createmisinterpretations and incorrect formulations. This has not infrequently resulted in disputesbetween brokers and clients, where the broker has been held individually liable despite thefact that it has used ready-made agreements provided by the brokerage company in which thebroker has been active. With the new regulation and registration obligation that accrues toreal estate companies, FMI can carry out audits at company and group level. This means thatthe inspectorate can demand the necessary documents and documents from the brokeragefirm and also carry out site investigations at the firm.This will place greater demands oncompanies with stricter routines and guidelines, which will affect the real estate agent's workand thus creaste greater security for consumers in the real estate market.