Hidden defects: the seller's responsibility after the sale

When is something considered a defect?

The house is defective if it deviates from the agreement or from what the buyer could reasonably expect. The buyer can then get a price reduction or, in serious cases, cancel the purchase and get damages if you have been negligent or promised something about the house. Defects that the buyer should have discovered during an inspection cannot be invoked by the buyer. It is assessed based on the condition of the house, what can be expected of similar houses and the circumstances of the purchase.

Source: Konsumentverket: Hidden defects in houses.

How long am I responsible as a seller?

The buyer must report within a reasonable time after noticing the defect or should have noticed it. The claim does not apply if you have been grossly negligent or acted in breach of trust and faith. A claim due to a defect becomes time-barred ten years after the takeover, unless the time limit is interrupted. Therefore, save the papers about the house for so long.

Source: Konsumentverket: Hidden defects in houses.

What should I tell before the sale?

The estate agent should ensure that you provide the information that may be relevant to the buyer, and inform the buyer in writing about the duty to investigate. Estate agents often use a questionnaire that the seller fills in, about for example building permits and repairs. You can be held responsible for what you write, and what you tell can give the buyer reason to investigate the house more carefully. The estate agent is not required to inspect the property.

Source: Fastighetsmäklarinspektionen: Buyer's duty to investigate.

Are you selling a tenant-owned apartment?

A tenant-owned apartment is personal property and is covered by the Sales Act. The agreement between you and the buyer applies first. The buyer must complain within a reasonable time and no later than two years after takeover. The Sales Act has no formal duty to investigate, but the buyer cannot invoke defects that should have been noticed, and if you or the estate agent have urged the buyer to investigate and the buyer has refrained, the buyer loses the right to invoke what an investigation would have shown.

If you are selling in its current condition, the tenant-owned apartment is still defective if it does not match your information, if you have failed to tell something essential that you must have known, or if it is in significantly worse condition than the buyer had reason to expect.

Source: Konsumentverket: Faults in tenant-owned apartment.

Responsibility until takeover

Until the takeover, you are at risk if the house is damaged by an accident, such as a fire or a water leak. If you damage the house through neglect after the contract is signed, the buyer can get a price reduction and damages, and in the event of significant damage, cancel the purchase. What should be left behind and how clean it should be is stated in the guide to moving out before takeover. moving out before takeover.

Seller's liability insurance

There are insurances for the seller's liability for hidden faults. Konsumentverket reviewed 10 such insurances in 2020 to ensure the terms were reasonable. What an insurance covers is stated in its terms, so read them before you sign.

Source: Konsumentverket: Review of hidden defect insurances (2020).

The law behind it

The sections summarised, with a link to the legal text on riksdagen.se.