Swedish house buyers: 10 years for hidden defects, not visible ones
You can claim a hidden defect from the seller for up to 10 years. In a 1998 Supreme Court case, mould the inspection had warned of did not count.
A buyer of a house in Sweden can claim hidden defects from the seller for up to 10 years after taking possession. But faults you should have found before the purchase are yours.
That is your duty to inspect ("undersökningsplikt"). That applies even if your inspector missed them. A standard pre-purchase inspection ("överlåtelsebesiktning") also does not cover everything you are required to check.
What the law says
The rules are in chapter 4 of the Land Code ("jordabalken"). Under section 19, the house is faulty if it differs from the contract or from what you could "reasonably assume" at the time of purchase. But you cannot rely on a difference you should have found in an inspection.
How carefully you must inspect depends on the house's condition, what similar houses are like and the circumstances of the sale.
A hidden defect ("dolt fel") is therefore a fault that:
- existed when you bought the house
- could not be found in a careful inspection
- you should not have expected, given the age, condition and design of the house
The Swedish Consumer Agency ("Konsumentverket") lists what the buyer should inspect: the land, the buildings, electricity and heating, water and drains, appliances, ventilation and radon.
What the inspection covers
According to the Consumer Agency, most pre-purchase inspections do not cover the whole duty to inspect. To check the rest, you may need to hire a damp specialist, an electrician and a chimney sweep, for example.
Two things are worth knowing about the inspector:
- If the seller ordered the inspection, you have no contract with the inspector. Hire your own if you can.
- If your inspector misses a visible fault, you still carry the risk towards the seller. You may, however, be able to claim damages from the inspector.
When you see a warning sign
Your duty to inspect grows when you see signs of a fault. That can be a stain on a wall, a smell or a remark in the inspection report. You then have to find out the cause. Otherwise you cannot complain later.
The example: the damp the inspection found
The Supreme Court ruled on this in case NJA 1998 p. 407. The house was a villa from 1923 with an extension from 1979. The buyers' own inspection had measured "somewhat high moisture readings" in a planned den in the extension. It also found raised moisture in the basement.
After the purchase the buyers found mould in the floor of the den.
The court said the inspection's remarks should have led the buyers to look into the cause. The remarks widened their duty to inspect. The mould was therefore not a hidden defect. The court also said that if the buyer should have found the fault, it does not help that the inspector missed it.
How to think about the basement in an older house:
- What you must expect depends on the age and design of the house. In the case, the buyers themselves were willing to accept some damp in the older part of the basement.
- If the inspection shows raised moisture, ask the inspector what it means. Bring in a damp specialist before you sign.
- Ask the seller about past damp problems and repairs. Get the answers in writing.
If you still find a hidden defect
Under section 19 a, you must notify the seller within a reasonable time after you noticed the fault, or should have noticed it. The Supreme Court accepted a complaint made 4.5 months after the time started to run (NJA 2008 p. 1158). The court said a private buyer may get help from an expert before complaining.
Your claim expires ten years after you took possession of the house, under section 19 b. If you want to cancel the purchase, you must go to court within one year of taking possession.
Co-op flats are different
When you buy a co-op flat ("bostadsrätt"), the Sale of Goods Act ("köplagen") applies. It has no explicit duty to inspect. But if you did inspect the flat, you cannot complain about faults you should have noticed.
You can complain about faults for up to two years after taking possession. The housing association is responsible for the building and some shared pipes. Your own responsibility usually ends at the front door of the flat.
Checklist before you sign
- Hire your own inspector and be there during the inspection.
- Read the report. Every remark about damp, cracks or smells is a reason to look further.
- Bring in specialists for electricity, damp and drains when the house is older.
- If you have not inspected before signing, add an inspection clause ("besiktningsklausul") to the contract.
The contract chapter of the real estate crash course covers what to check before you sign and which special conditions you can add.
Sources
- Land Code (1970:994), Riksdag (in Swedish)
- Hidden defects in houses, Swedish Consumer Agency (in Swedish)
- Tips for buying a house, Swedish Consumer Agency (in Swedish)
- Faults in co-op flats, Swedish Consumer Agency (in Swedish)
- NJA 1998 p. 407, lagen.nu (in Swedish)
- NJA 2008 p. 1158, lagen.nu (in Swedish)
This content is general information, not financial or legal advice. Bolån Radar collects data from banks and authorities and cannot guarantee that it is complete or free of errors. Talk to your bank or an adviser before you decide.