Rättsliga instrument som kan motverka illojal budgivning och avbrutna avtalsförhandlingar

Sammanfattning: The bidding process is a sensitive point in the process of buying a house. It’s through bidding that the final buyer is picked and the final price is revealed. Although the bidding process has high importance to the real estate business, it’s not regulated by law. It’s the seller who decides the design of the bidding process. The seller decides to whom and at what price the house is to be sold. Having that said, it does not have to be the bidder with the highest bid who stands as the final buyer.  Neither verbal nor written bids are conclusive until a contract that fulfills the requirements in 4:1 JB and 6:4 BRL is signed. This makes it possible for the seller, as well as the buyer, to change their mind. In a pre contractual relation neither has the right to require any indemnity from the counterpart. A bidder can recall his bid without any legal consequences. The seller, on the other hand, is able to accept a bid with one, but later on enter into agreements with another. Because of this, the bidding process can become problematic. This affects people's reliability on the real estate broker industry.As a result of the freedom that speculators have to place bids, both hidden, false and withdrawn bids can occur. The existence of hidden, false and recalled bids contributes to unfair bidding, frustrated speculators. The essay will discuss consequences in the event of  an “unsealed deal”. What happens if an agreement is not reached? A discussion about culpa in contrahendo and pre contractual relations follows where also “letter of intent” is mentioned . Currently, we have numeros legal instruments that could prevent unfair bidding and canceled agreements. Deposit agreements and preformal contracts could be used. This essay aims to investigate whether these different types of agreements, or other solutions,  can help solve the problems regarding the bidding process and cut off contract negotiations. Furthermore, it’s being investigated whether changes of the system regarding bidding are needed. Could a regulated bidding process create greater trust among house buyers? Is’t possible to avoid displeased customers with a change of the bidding process? The different types of legal solutions that already exist could perhaps be an alternative to this.