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The Sale of Goods Act applies to the purchase of co-op apartment. The Act contains rules regarding when you have the right to complain (make a claim). If there are defects, you as the buyer should make demands against the person who sold the apartment to you.
Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
Defects in a property - keep this in mind
As the buyer, you have the right to complain about certain types of defects, for example, if the co-op apartment does not match the information you received before the purchase.
You can complain about a defect for up to two years from the time you gained access to the property.
You can demand that the seller rectify the defect or alternatively reduce the price afterwards. If the defect is significant, you may have the right to cancel the purchase.
When you buy a co-op apartment, the agreement between you and the seller is primarily what applies. In addition, the Sale of Goods Act applies.
There is no obligation to inspect when buying a co-op apartment under the Sale of Goods Act. However, it is advisable to inspect the apartment/property so that you know the condition of the property. If you inspect the apartment, you should do so thoroughly. You cannot complain about defects you should have discovered afterwards. You can conduct the inspection yourself or get help from an independent inspector.
If you are urged by the seller or the broker to inspect, you should inspect the apartment/property. If you fail to inspect the apartment despite being urged, you cannot get compensation from the seller for defects you should have discovered.
The agreement between you as the buyer and the seller primarily governs what applies. What is not included in the agreement is regulated by the Sale of Goods Act. The Sale of Goods Act is not mandatory, which means it can be waived.
The Sale of Goods Act applies to the purchase of co-op apartments because a co-op apartment is not real property but personal property. When you buy real property, such as a house, the Land Code applies instead.
The Sale of Goods Act does not contain rules about hidden defects, but it does have rules regarding when you have the right to complain (make a claim).
If the co-op apartment does not match what you were promised, you have the right to complain. In addition to what you were promised, you can complain about defects in the co-op apartment that you reasonably should not have to expect.
Disclaimer of defects
A seller can disclaim liability for any defects in the co-op apartment.
However, it is important to remember that the co-op apartment can still be defective even if there is a disclaimer of defects.
The co-op apartment is always defective if:
it is not as the seller stated,
it is in much worse condition than you as the buyer can expect, for example, based on the year of construction,
the seller has failed to inform you of serious defects in the co-op apartment that the seller knew about.
Contact the seller immediately when you discover a defect. You can complain about defects for 2 years from the time you gained access to the property. However, you must complain within a reasonable time from when you discovered the defect.
It is advisable to complain in writing, for example, by email or registered letter. This way, you have proof that and when you complained.
You can demand that the seller rectify the defect or reduce the price afterwards.
If the defect is significant, you may have the right to rewoke the purchase. In that case, the property goes back to the seller and you get your money back
Disputes about defects in an apartment/property are often complicated. If you need more guidance, you can contact a lawyer or solicitor knowledgeable in the area.
If you and the seller have a dispute that you cannot resolve, a court, primarily the district court, can hear the dispute.
In such a situation, it may be worthwhile to contact a lawyer who can advise you to determine your rights and what you can make a formal claim or demand for. You should check to see if you have any legal expenses coverage via an insurance policy. Sometimes legal assistance insurance can cover certain costs such as legal fees for representation.
If you cannot reach a mutually agreed solution with the condominion association about membership or liability in the event of water damage, as examples, you may have the possibility to have the matter examined and settled. The regional Rent and Tenancies Tribunal (Hyresnämnden) may be able to mediate between you and the co-op association.
If the issue is not resolved you may want to consider seeking advice from a lawyer to help clarify the issues and circumstances in your case and your options if you proceed further. Before engaging a lawyer, you should check the legal assistance cover you might have in your home insurance.
If the dispute persists you have the option of filing a lawsuit at the local district court.
