Disputes over housing and real estate transactions
Specialist with decades of experience in housing and real estate law
A housing transaction is a particularly significant financial agreement, and if the object of the transaction does not meet expectations, a dispute may arise between the buyer and seller as to whether the object of the transaction, i.e., housing or real estate, corresponds to what was agreed upon. When defects are discovered in a new or used house or property after the sale, disagreements between the buyer and seller may lead to a dispute. Common defects that cause disputes in housing and real estate transactions include, for example, problems related to the condition of the house or property, such as mold damage, which can cause health problems when the new owner moves in.
As specialists in housing and real estate law, we assist you in all aspects of the transaction, from negotiations and sales agreements to the resolution of disputes. Contact us and we will assess your situation.
Remember to file a complaint in a reasonable time
Disputes over real estate or housing sales often arise when the buyer discovers or suspects a defect in the property. The discovery or suspicion may relate to mold and moisture damage, a construction defect, or an error in the property’s surface area, for example. It is often best to have the suspicion or observation confirmed by an external expert before filing a complaint about the defect. However, the complaint must be filed within a reasonable time. A reasonable time is case-specific and may be extended by negotiations between the buyer and seller concerning the defect, inspections, and other investigations. Based on case law, a complaint in an average case should be filed within 3–4 months of discovering the defect.
Liability of the buyer and seller
Disputes concerning the sale of housing and real estate usually involve questions of liability, i.e., the liability of the buyer and seller for defects in the housing transaction. The assessment is often based on the condition of the housing or real estate at the time of the transaction.
In housing transactions, the seller has a duty to disclose information, and the buyer has a duty to investigate
The seller’s duty to disclose information applies to information that, if disclosed or not disclosed, can be assumed to have an impact on the transaction, i.e., factors that significantly affect the purchase decision. Among other things, the seller must disclose all facts concerning the condition and characteristics of the property or housing that can be assumed to affect the transaction. Furthermore, before the transaction is concluded, the seller must correct any incorrect perceptions on the part of the buyer regarding the characteristics of the property or housing that affect its suitability for its intended use, if the seller becomes aware of such incorrect perceptions.
If the seller violates its duty to disclose information, the buyer is often entitled to a price reduction on the basis of the defect or, if the defect is material, to cancel the sale. In many cases, the buyer is also entitled to compensation for damages, i.e., the seller is liable for damages that are sufficiently causally related to the seller’s conduct.
The duty to investigate does not extend to hidden structures
The buyer’s duty to investigate means that the buyer does not have the right to make claims against the seller on the basis of factors that could have been detected during an inspection of the property or housing prior to the sale. However, the obligation to inspect does not, as a rule, require the dismantling of structures or the taking of samples, and the buyer has the right to rely on the information provided by the seller about the premises. The obligation to inspect applies to matters that a buyer acting with normal care should have detected.
In certain situations, such as when a condition report on a property or apartment contains information about damage, repair recommendations, or recommendations for further investigations, more detailed investigations may be necessary. The buyer cannot invoke as a defect a fact that he or she is deemed to have been aware of at the time of the sale.
We are experts in real estate disputes with decades of experience
Disputes concerning real estate transactions can be complex. In the event of defects in real estate transactions, it is advisable to contact an expert as soon as possible in order to achieve the best possible outcome. Whether you are a buyer or seller of a housing or real estate, our lawyers with decades of experience will assist you in all matters related to housing transaction defects and housing transaction disputes. We assist our clients throughout Finland with our extensive experience.
Contact us and we will clarify your rights and obligations as a buyer or seller of an appartement or property. In disputed situations, we promote amicable settlement and assist in legal proceedings if necessary. With decades of experience, we work to ensure that our clients achieve the best possible outcome.