What are the estate agent’s obligations and responsibilities?
Vad har mäklaren för skyldigheter? - Engelska
When making a sale, the estate agent has a dual responsibility to protect the interests of both the buyer and the seller. According to the law and professional ethics, the estate agent must perform their duties with due care and observe the codes of practice for estate agents.
Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
Among other things, the estate agent handling the sale is required to provide the buyer:
a description of the property
written information about the obligation to carry out an inspection and investigation of the property
an offer of a written estimate of the cost of ownership of the property.
The description of the property
A property description must include:
the year built, square metres of the building, and type of construction
property unit designation
the assessed value
the size of the land area
running costs for utilities and expenses to maintain the property
existing mortgages, easements, liens, and other rights encumbering the property
information about any communal facilities (such as common areas or private roads).
If you are purchasing a co-op apartment, the property description must also include:
the apartment number
the size of the apartment
the annual homeowners fee and any changes made to it
running costs for utilities and expenses to maintain the property
the name of the co-op association
mortgages against the co-op shares/ownership rights
number of shares/members
leased land.
The buyer’s obligation to conduct a property inspection
The estate agent must give you, the buyer, the advice and information you may need about the property and other matters and circumstances relating to the purchase. The duty of disclosure and providing information includes everything that is likely to be relevant to the purchase, including such matters related to the buyer’s duty to conduct a property inspection and examination of the title. The estate agent must provide written information about the buyer’s duty to inspect and investigate, and inform the buyer of the duty to investigate and what it entails.
The estate agent should do what they reasonably can, however is not responsible for inspecting the property on behalf of the buyer.
Written calculation of the cost of homeownership
The estate agent must provide a written estimate of the cost to live in the property, known as a cost of homeownership calculation. The aim is to make the prospective buyer aware of the costs that a purchase will entail.
Want to know more about the estate agent’s obligations?
The estate agent has many obligations to fulfil in the context of performing their duties with due care and observing the codes of practice for estate agents. You can find more information at the Swedish Estate Agents Inspectorate (FMI).
Source: Fastighetsmäklarinspektionen
Proofread: 22 February 2023