That’s not all you can complain about after a home purchase.
Missing is a review topic for housing purchases, and it is complained in one of four cases.
Not everyone gets a complaint in their complaints, among other things because the value tag is not good enough and it is expected to conduct own investigations.
But it is also the case that the extent of the shortage is important. Among other things, it must be in a certain fairness with the value of the home.
– If the housing is the area otherwise, there will hardly be any reason for complaining, says postdoctoral at BI Norwegian Business School, Harald Benestad Anderssen.
– I would assume that there is a limit on the purely trivial.
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Bad sink is no shortage
The sellers had been washing the detached house for two days before taking over, yet shopping was not satisfied and demanded that a professional company wash.
It was retained $ 12,500 of the purchase price as payment for the cleaning, and there was a fierce discussion between buyer and seller if this was a defect that gave the basis for holding back money.
– Basically, no bad wash is considered to be a defect in the sense of the law, but it is treated in the same way as lacking, so that it can give the buyer a basis for retaining parts of the purchase price, “explains Benestad Anderssen..
Must be a significant shortcoming
If there is disagreement about what is a defect or not, it is the courts who ultimately will settle the dispute.
Do you know the difference between gross area and usage area?
But the worshiped men and women do not provide space for anyone who comes with a disagreement. There must be some reason for the matter.
– Today, almost all homes are sold with a clause that it is sold “as it is”. In order for the accommodation to be defective, it must be in a significantly worse condition than what follows from the information the buyer has received before bids were accepted, explains the head of the Legal Department of the Homeowners’ Association, Anders Leisner.
“Although the property has errors and weaknesses, there may not be any deficiencies in the legal sense. To determine this, one must first determine which condition is purchased after the agreement had a legitimate expectation and if the property deviates from this, “the owners state on their web pages.
– In addition, there may be a defect if the seller has provided incorrect information or retained information about the property and it may be assumed that these incorrect information has affected the agreement, Leisner adds to.
Five percent of purchase price
According to Leisner, the Supreme Court has commented when the housing can be said to be in a significantly worse condition than that which follows from the agreement. They have, among other things, said something about how much it may cost to correct the error before it can be considered a defect.
This can be done to build before the winter
– As a rule of thumb, you may say that the value-added relationship is fulfilled if the shortfall amounts to around five percent of the purchase price. For example, if the price of the accommodation was ten million, you as a buyer must be prepared to accept a refurbishment of 300,000 kroner without necessarily being considered a shortage.
However, the Supreme Court has also said something about what mistakes can be considered as a deficiency, and according to the homeowners. No, it is more than just the ratio between the cost of recovery and the purchase price that will be important.
The nature and significance of the error, the nature of the property, the standard and the age are examples of other relevant circumstances “, they elaborate.
Must be detected after purchase
The main rule that it may be called a defect is that the error is detected at the earliest when transferring the property.
There is a Dispute Act that regulates the purchase of a second-hand residence, and has provisions on how the buyer and seller should deal with defects.
- Chapter 3 determines what should be considered a shortcoming. For example, the property has a shortage if it “does not comply with the requirements for quality, equipment and anna that follow the agreement”.
- Furthermore, there is a shortcoming if the property does not belong to the objects that belong to the property owner commonly used or used for a particular item which the seller was or may have known when disposing of where agreed.
- There is also a shortcoming if the actual area is significantly less than stated.
- Chapter 4 says what the buyer can do in case of missing. The possibilities the buyer has is:
- require correcting, and then the seller may claim to correct the defect itself.
- Request a price drop
- raise your purchase
- claim compensation
- Retain all or part of the purchase price
“The assessment of whether there is a shortage must be made from the time the risk of the property passed from seller to buyer. It is regulated in the purchase contract and will usually coincide with when the buyer takes over the property, “the owners say.
This means that errors and weaknesses that the buyer discovers or gets acquainted with in advance, the buyer must instead take into account the bid and the purchase price.
In some cases, deficiencies will be detected after the bid has been accepted, but before the contract has been signed, the buyer can make reservations that you can complain about the defect. This should be done in writing.
Can hold back money
If defects are detected after taking over a home, buyer has more opportunities to get compensation. He or she can hold back a portion of the purchase price to correct any defects, but no more than the remedy costs.
However, it is important to be aware that the buyer keeps money at his own risk, Leisner emphasizes.
And he or she runs the risk of having to pay late interest rates.
According to the Ministry of Finance, the current retirement rate is nine per cent.
Raising the purchase
The most dramatic a buyer can claim for shortcomings is to get the purchase raised. Then there should be significant breach of contract from the seller.
Do not be fooled by fine furniture and lit candles
A more amicable option is that the seller himself corrects the defect. He is required to do so if this will not cause a buyer or a disadvantage.
Other alternatives are price reductions and compensation.
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