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  • 1.
    Svensson, Jenny
    Jönköping University, Jönköping International Business School, JIBS, Commercial Law.
    Fastighetsägares upplysningsplikt: Gränszonen mellan dolda och svårupptäckta faktiska fel2010Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
    Abstract [en]

    AbstractWhen selling a property many matters need to be taken in account for, such as the contract between the parties with all the forms prescribed by law. When settling which party that should carry the liability regarding upcoming errors on the property the legislator has chosen to facilitate the burden of liability between the parties, a delegation that is a quite complicated matter. The buyer is obligated to examine the property for errors that are factual; it is laid down by law that a buyer does not pos-sess the right to refer to factual errors on the property that the buyer would have found while examining.Delegation of liability was subject of matter when the Swedish Supreme Court made the rulings in case NJA 2007 s. 86 public. The property owner was signed a general liability re-garding errors that are factual. The legal position is somewhat indecisive on this liability due to lack of reasoning from the Swedish Supreme Court on how to implement this new liabil-ity. When analyzing relevant case law the author is of the conclusion that, the property owner’s liability to inform the buyer regarding errors that are factual only should be imple-mented when he has not informed the buyer about the errors he has knowledge about. Furthermore the factual errors have to be of a severe nature and the property owner must have understood that the buyer was without knowledge of the errors. The focal point re-gards the knowledge of the property owner regarding the factual errors and the severity of the same. The author is of the conclusion that liability can be signed the property owner only in those cases where the errors is of a severe nature. However uncertainty remains pending rulings from the Swedish Supreme Court on the question. Thus, following the Swedish Supreme Court regarding further case law to see how they interprets the liability will most certainly be of interest.

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