Housing

The agency is not responsible for concealed defects in the apartment

The agent does not have general liability for defects in the apartment, for example damage from humidity discovered after conclusion of the sale or other concealed defects. The seller of an apartment or real estate is liable to the buyer for defects - including the information provided by the agent prior to sale and any defects in that information.

The agent is not liable for e.g. incorrect information on the house manager's certificate, unless the agent had reason to believe that the information in question was incorrect. The seller is liable in such situations.

On the other hand, the agent has a far-reaching liability for the legality and quality of his brokerage work.

  • For instance, if information regarding a humidity defect is noted in the brokerage contract, but the agent fails to disclose this to the buyer, the agent has made a mistake in his work. Under such circumstances the agent is liable for any damages suffered as a result of the mistake.
  • If the agent's work performance is not up to the agreed standard, the customer may request that the commission is decreased.

Get help from the consumer advisor and file a complaint if necessary

If you have questions on any ambiguities regarding the work of real estate agents, contact the consumer advisor. The consumer advisor gives counsel regarding the legislation and rules governing the work of real estate agents and, if necessary, directs consumers forward, for instance to file a complaint with the Consumer Disputes Board.

Disputes over real estate transactions are sometimes unclear as to who is liable for incorrect or incomplete information supplied with regards to the apartment - the real estate agent or the seller. In this case the complaint should be filed against both parties.

Complaints regarding real estate agents may be filed with the State Provincial Office. The State Provincial Office may issue a warning to the real estate agent, force temporary closure of the agency or have them removed from the register of real estate agents. The State Provincial Office may not, however, order a real estate agency to pay damages or compensation.

Related topics

  • Consumer advice
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