Duty to inspect

Buyer’s and seller’s responsibilities

A property is sold in the condition it is in on the date the contract is signed. The buyer therefore has an extensive duty to inspect and is responsible for carefully examining the property before the purchase. Defects or deficiencies that the buyer should have discovered during such an inspection can normally not be invoked against the seller afterwards. It is therefore common and recommended for the buyer to engage a professional building inspector.

If the property shows signs of defects or deficiencies, the buyer’s duty to inspect becomes more extensive. The buyer should also be aware that older houses often have natural wear and tear and that certain parts may need renovation or replacement.

The seller is responsible for so-called hidden defects, meaning defects that existed at the time of purchase but could not be discovered during a careful inspection and which the buyer also had no reason to expect in view of the property’s age, condition and price. The seller’s liability for hidden defects applies for up to ten years after completion.

The seller should provide correct information about the property and disclose known defects or deficiencies. Open dialogue between buyer and seller creates security for both parties and reduces the risk of misunderstandings or future disputes.

If you have questions about the duty to inspect, hidden defects or inspections, you are welcome to contact the responsible estate agent.