Säljarens upplysningsplikt vid försäljning av en fastighet

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: The primary inquiry in the thesis is whether the seller's disclosure obligation towards the buyer for property defects can be defined; For what types of defects does the seller have a duty to provide information and do situations exist in which an obligation to provide information always apply? The duty to provide disclosure is not expressly stated by law. Indirectly, on the other hand, it is possible to deduce an obligation to provide disclosure in a few sections of the law, for special situations. Although the preparatory work for the 1990 changes to the Jordabalk provides content structure for disclosure obligation, it is far from providing a comprehensive framework. Precedents is pertinent and provides insight on how a disclosure obligation can arise in certain situations and under certain conditions. While precedents provide reference to the progression of the duty to disclose, not even precedents provides a comprehensive guide for disclosure obligation. Doctrine have been a key source to attaining answers regarding content and comprehension of the disclosure duty. This thesis provides an overall picture and summary of the seller's disclosure obligation. The work shows that the seller does not have a general duty of disclosure for all defects and deficiencies known to the seller. In summary, the seller has a duty of disclosure for legal defects, disposition accuracy, and hidden existing defects. In the case of defects which are unknown, defects that could have been discovered by the buyer during a property inspection, or other defects that normally fall under the buyer's inspection duty, an obligation to provide information may arise for the seller under certain conditions. What these conditions are, is reported in the conclusion.

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