July 1, new recommendations came up for what should be included in a home sales.
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“You can not bring anything wherever you go”, Cornelis Vreeswijk sings in one of her songs.
It’s probably not so categorically, but it’s still unclear what to bring when moving out of a home.
The Norwegian Property Brokerage Association (NEF) has therefore attempted to clarify this and launched 1. July an updated version of its inventory list for home sales. It means, among other things, that all appliances in the home on the display are included in the purchase.
– The recent development of white goods products has led to challenges to determine which appliances are integrated and which ones are not. In order to avoid conflicts between buyer and seller, we have changed the list, says the head of department in NEF, Bodil Næssvik, to click. no.
However, there is still agreement, so the seller and buyer can freely agree on what will be left.
Home buyers have found that the seller has rolled the wall-to-wall carpet and picked down the hedgehog before they left. With the new NEF list, it is now clear what will be left and not.
– The purpose of the change in the property and accessory list is to reduce the number of conflicts between the buyer and the seller about what to follow, says Næssvik.
The starting point for NEF’s list is the provisions of Section 3-4 and 3-5 of the Danish Public Employment Act.
They say, among other things, what to follow: “permanent alignment and equipment like an antenna is firmly mounted or specially adapted to the building”.
A desperate family had to accept that the newly purchased chandelier of $ 50,000 had to be left in the home when they sold it.
Cause: It was fixed to the ceiling and they had not specified that it did not follow in the sale.
According to the letter of the law, and also the inventory of the NEF, it must follow because it is fixed.
However, the doubt occurs if the lamp only hangs in a hook in the ceiling with a cord away to an electrical outlet.
According to NEF, their list is only a guiding list that can be waived by appointment.
Professional and lawyer at Postbanken Eiendom in Bergen, Joacim Holter, nevertheless experiences the list as problematic.
– Although they say that it is only guiding, we experience it as a problem that it is communicated as a rule. And it is becoming a fundamental challenge that NEF says that all appliances should follow.
– NEF’s list is only their own interpretation and thus is not legally binding, provided it is not included in the agreement. The starting point is what is stated in the agreement, so that the parties should ensure that it is clear what is meant or omitted, supplements Myrvold.
Holter believes that the provisions of the Dispute Act are applicable and that they can only be waived by agreement between seller and buyer.
– Our view is therefore that all of the household appliances are basically not included. A dishwasher that is only connected to a water pipe and an electrical wire can be considered free-standing because it is not fixed, as the law describes.
Agreement what to follow
Holter’s starting point is that only what is fixed and custom-made will be left in the home when the seller moves out.
– But if you wish to include any of this, it must be agreed in particular.
In general, it is also our clear advice, given the ambiguity that NEF has established that the prospectus must take care of providing information about what is not included, especially if it is speak of movable property or income that has great value for the seller.
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