Besiktningsrapport efter signering av villan
Hello,
We recently signed an agreement to buy a villa that was built in 1971. We did the buyer's inspection for it (including checks for moisture problems) during which there is potential problem identified with moisture.
Though the measurement through the moisture meter is ok, there is a mold smell that could be felt. Inspector recommends doing further moisture test in all rooms (perhaps drilling 10-12 holes further).
Now comes the question, if there is a mold or moisture problem, who is responsible for fixing it. Seller or buyer?
Thank you for your valuable feedback!!
We recently signed an agreement to buy a villa that was built in 1971. We did the buyer's inspection for it (including checks for moisture problems) during which there is potential problem identified with moisture.
Though the measurement through the moisture meter is ok, there is a mold smell that could be felt. Inspector recommends doing further moisture test in all rooms (perhaps drilling 10-12 holes further).
Now comes the question, if there is a mold or moisture problem, who is responsible for fixing it. Seller or buyer?
Thank you for your valuable feedback!!
Redigerat:
You have done the inspection *after* the contract is signed...A Selvaranjitha Sanganathan skrev:
This is part of the due diligence that you should do *before* signing the contract.
You might have a clause in the contract saying that you are allowed to cancel the contract if you find something after an inspection like this, but otherwise you might just have bought one really expensive lesson...
Contact your relator and investigate how this is stated in the contract and how to move forward.
It ultimately depends on the terms of the agreement between the seller and the buyer, as well as any applicable laws or regulations. Typically, the seller is responsible for disclosing any known issues with the property to the buyer before the sale, and for making any necessary repairs or corrections before the sale is completed. However, if the moisture or mold issue was not disclosed by the seller or was not apparent during the inspection process, the responsibility for addressing the issue may be less clear. It's best to review the agreement and consult with a real estate attorney to understand your rights and responsibilities in this situation.
Depends on what clauses you have in the contract for the house.
In a "standard" contractm you are bound to buy after signing. No point in checking things after signing.
But it is very common to have a "besiktningsklausul", that means that the signing you did is conditional. The wording of such a clause can be different. But most common is that the clause gives you ex. 2 weeks to examine and then decide if you want to continue, or cancel the contract. That means that the clause (normally) does not define who takes a certain repair cost. It just gives you a possibility to cancel the deal.
So if there are problems (and such a smell can be a VERY serious problem), you either just cancel the deal, or you negotiate a price reduction. In many cases the first part of a negotiation then, is to increase the time for examening the issue. If you still want to buy the house, you need an expert evaluation of the problem.
IF there is a problem, then it can be very expensive to fix.
If you don'¨t have any condition in the contract, then it is your house, your problem after signing.
In a "standard" contractm you are bound to buy after signing. No point in checking things after signing.
But it is very common to have a "besiktningsklausul", that means that the signing you did is conditional. The wording of such a clause can be different. But most common is that the clause gives you ex. 2 weeks to examine and then decide if you want to continue, or cancel the contract. That means that the clause (normally) does not define who takes a certain repair cost. It just gives you a possibility to cancel the deal.
So if there are problems (and such a smell can be a VERY serious problem), you either just cancel the deal, or you negotiate a price reduction. In many cases the first part of a negotiation then, is to increase the time for examening the issue. If you still want to buy the house, you need an expert evaluation of the problem.
IF there is a problem, then it can be very expensive to fix.
If you don'¨t have any condition in the contract, then it is your house, your problem after signing.
The last statement (Marine lavale's when writing this) is not true, unless explicitly asked for the seller does not have to tell you anything, the contract with the real-estate agency might have a field for know issues and only in the case where you can prove that the seller deliberately lied there could you put any blame on the seller for not given you information. In this case the smell of mold might not have been noticed by the seller (as you did not notice before drilling) and hence even if they know it might not have been seen as a problem by them and hence nothing they though worthy of noting on that field. Depending on your level of tolerance the meaning of that line can be interpreted very differently and don't give much in the eyes of the law.
In either way, if you contract have a "besiktningsklausul" (inspection clause) it usually states that you have 2 weeks after you get the keys to inspect the property and depending on the details in the clause you can then nullify the contract and property/money should go back or ask for a lower price due to what you find. You are usually only entitled to exit the contract but for minor issues where you still want the house the seller is most likely going to agree to lower the price rather than having to sell again and now disclose to the next seller what was found in your report (that would most likely lower the price any way).
So, 1 read your contract, if you have an inspection clause and you are withing the time specified contact the real estate agent and the seller about your findings. The real estate agent should be able to also help you with how to best proceed (if they are professional in their job, as they are hired by the seller and mostly profit from closing the deals).
In either way, if you contract have a "besiktningsklausul" (inspection clause) it usually states that you have 2 weeks after you get the keys to inspect the property and depending on the details in the clause you can then nullify the contract and property/money should go back or ask for a lower price due to what you find. You are usually only entitled to exit the contract but for minor issues where you still want the house the seller is most likely going to agree to lower the price rather than having to sell again and now disclose to the next seller what was found in your report (that would most likely lower the price any way).
So, 1 read your contract, if you have an inspection clause and you are withing the time specified contact the real estate agent and the seller about your findings. The real estate agent should be able to also help you with how to best proceed (if they are professional in their job, as they are hired by the seller and mostly profit from closing the deals).
