Köparens undersökningsplikt och säljarens- respektive mäklarens upplysningsplikt

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Fastighetsvetenskap

Sammanfattning: Properties represents great economic value and a property acquisition can be the biggest transaction one will do in a lifetime. Transparence regarding the defect-rules are therefore of great importance. According to the Swedish Land Code the buyer has a duty to examine. This thesis purpose is to define the current legal situation regarding this duty, as well as if a duty to inform exists for the seller after the verdict in the court case NJA 2007 s.86 and, if it does, the thesis examines if such a duty was funded in a duty of loyalty. Does such a duty affect the broker and how far does the broker’s duty to inform go? Those questions will also be answered. The buyer’s responsibility to examine is extensive and there are few situations where the buyer doesn’t bear responsibility. The seller on the other hand doesn’t have a duty to inform in general but, as was the result of NJA 2007 s. 86, in some case where the defect is easy discovered, the seller has a duty to inform. This thesis argues the rulings precedential value should be low and that a duty to inform doesn’t exists for the seller. Nor can such a duty exist for the seller through a duty of loyalty since such doesn’t exists in the real estate law. However, it exists for the brokers. Whatever duty a seller has according to real estate law, a seller can have a duty to inform according to the Contracts Act, 33 §. The broker has its own duty to inform both parties but this duty however, shall as little as possible intervene with the responsibilities existing between the buyer and the seller.

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