The scope of the law
section 1 of this Act apply to a natural person in professional mediation
of buildings, parts of buildings, condominiums, buildings
on private land, leasehold rights, contributories ' rights regarding the apartment,
lease or rental units. The operator of such
business called real estate agents.
With mediation means a business that is based on a
outsourcing aimed at assigning a counterparty
the client can conclude agreements concerning the assignment or
grant.
section 2 of that provided for in this law shall be applied, if real estate
also on the other property referred to in paragraph 1.
Brokerage lease or tenancy shall not apply
section 18, section 22 and section 23 of the first to fourth paragraphs.
By the mediation of access rights to the provisions of
vendors refer to the transferring or leasing the right
and what is provided if the buyers refer to the counterparty.
section 3 of the Act applies regardless of where the property is located, if a
integral part of the real estate broker's mission is carried out in
Sweden. This does not apply to the extent any other
following a decision of the European Parliament and Council Regulation (EC) no
593/2008 of 17 June 2008 on the law applicable to
contractual obligations (Rome I). Law (2014:1455).
Contract terms and the law's binding effect
section 4 of the terms in comparison with the provisions of this
law to the detriment of the consumer are inoperative against him
or her, unless otherwise specified in the Act.
With the consumer "means a natural person who is acting primarily
for purposes which are outside of the business.
Registration of real estate brokers
paragraph 5 of Every real estate agent should be registered with the
Real estate inspection.
The obligation to be registered does not apply to lawyers and
nor such real estate broker engaged in only
1. municipal mediation of rental apartments,
2. free brokerage of rental apartments to students,
3. mediation of tenancy for recreational purposes,
4. delivery of rental units to facilities or
5. delivery of rental apartments to rooms where the rental period amounts
to a maximum of two weeks.
Registration shall relate to either professional mediation of all
the property listed in § 1 (full registration) or
professional mediation of tenancy only (registration for
letting agents).
The broker shall pay the registration fee in the form of
application fee and annual fee. Law (2012:19).
section 6, to a real estate agent to be registered is required to
the broker
1. is not a minor, bankrupt, subject to
disqualification or trustee under Chapter 11. 7 §
the parental code,
2. have insurance for liability under section 25,
3. have adequate training,
4. intends to be working as an estate agent
as well as the
5. is respectable and otherwise suitable to real estate agents.
paragraph 7 of the rules on certain obligations of the operator
business as an estate agent with full registration
see Act (2009:62) on measures against money laundering and
the financing of terrorism.
Good fastighetsmäklarsed
General duty
§ 8 the real estate agent shall perform their duties diligently
and maintain a high degree of fastighetsmäklarsed.
The broker should take to be both seller and buyer
interest. In the context of the requirements of good fastighetsmäklarsed
set to the broker, in particular, take into account the client's
economic interests.
The agreement with the client
§ 9 Contract Agreement shall be in writing and be
during the party. The real estate agent must not rely on a
contract terms which have not been included in the contract or
otherwise agreed in writing. However, this does not
Agreement amending the price and other
terms and conditions for the assignment or grant.
If the mission is fraught with exclusive rights, the time for
the exclusive right shall be deemed to be not more than three months at a time. A
agreement on the extension of the exclusive right shall meet
no earlier than one month before the exclusive right shall be repealed.
If the broker has terminated the contract orally,
the broker also promptly inform the client
If the termination. If the customer has terminated the agreement, shall
the broker in writing as soon as possible to confirm the dismissal.
Down payment and deposit of assets received
section 10 of the deposit which the estate agent receives shall
urgently submitted to the seller, unless otherwise
agreed through an escrow.
Money and other assets that the broker may handle for someone
third parties should be kept separate from their own assets.
A deposit agreement shall be in writing and be
during the party.
Prohibition of certain brokerage and trading of real estate
section 11 a Realtor shall not in connection with its
Interchange assignments buy a property that he or she has
or has been asked to mediate.
section 12 of a real estate broker may not convey a property to
or from
1. their spouse or common-law partner,
2. their siblings or their relative in the correct up-or
descendants,
3. someone that the broker is besvågrad with the correct up-or
descending line or in such a way that one is married to
the other's siblings or
4. any other such related parties referred to in Chapter 4. paragraph 3 of the
Bankruptcy Act (1987:672).
If someone who is a Realtor affiliated acquires a property that
the broker before the acquisition has been instructed to convey,
the broker immediately to notify the acquisition to
Real estate inspection. Law (2012:19).
section 13, a real estate agent may not engage in Commerce with
real estate.
Prohibition of förtroenderubbande activities
paragraph 14 of a real estate agent may not engage in any activity that
is liable to discredit him or her as a
brokers.
The mere fact that the Broker receives compensation for a
activities other than the brokerage of real estate shall not be deemed to
discredit the broker, provided that
the benefits are negligible. The broker shall clearly inform
prospective sellers and buyers about the business and about the
compensation as the REALTOR gets for it. Enlightenment must be submitted
to the client before the assignment contract and otherwise
as soon as possible.
Prohibition to act as a representative
section 15, a real estate broker may not as agents representing sellers
against the buyer or buyers against sellers. The broker may
However, undertake limited details.
Advisory and disclosure
section 16 of the real estate agent shall, to the extent that good
fastighetsmäklarsed requires it, provide the proposed acquirers and
sales representative the advice and information they might need about
property and other circumstances surrounding
the transfer. The broker shall inform in advance the proposed acquirers
on how the vendor intends to conduct the sale.
The broker shall work to the seller before the transfer leave
the information about the property likely to be relevant
for a buyer. The broker shall in writing inform a buyer about
the responsibility that they have to examine the property and shall
work to ensure that he or she does or before the purchase lets make a
such a study.
If the broker has failed to comply with or otherwise know or with
the circumstances have particular reason to
suspecting something about the property's condition can be assumed to have
importance for a buyer, the broker shall in particular inform him
about this.
Control of available legal and registration conditions
section 17 of the real estate agent to control who has the right to
dispose of the property and the encumbrances, easements and
other rights are charged to it. The broker shall also
check to see if the property is part of one or more
communal facilities.
Refers to the employment service a condominium, the broker check
who has the right to dispose of the housing right and if it is
pawned.
Provision of an item's description
section 18 of the real estate agent shall provide a prospective buyer
as a consumer, a written description of the property
(item description).
Object description should include an indication of the
designation, acreage, assessed value and running costs and about
the encumbrances, easements and other rights
stresses that, as well as an indication of communal facilities.
Object description should also contain an indication of the building's
age, size and construction method.
Refers to the employment service a condominium, the object description
indicate the Housing Association's name,
pledge of condominium, unit number and granted land.
Object description should also contain a statement of the
apartment number, size, annual fee and decided changes
of this, and operating costs. The broker shall also
provide the latest available annual accounts of
Housing Association and the Association's registered statutes.
If there is no annual report, the Association's
financial plan be provided.
The broker must provide a written estimate of the
housing costs.
Information on the right of
§ 19 Before a property is transferred to the real estate agent
inform the buyer about who has the right to dispose of the
the property.
List of tenders and other documentation
section 20 of the real estate agent shall keep a record of
Interchange assignment. The broker shall also establish a
list of the offers made on the property with
indication of the tenderer's name, contact details, the amount
that bid and time when the tender was submitted, and the conditions
for the tender.
The documentation shall be forwarded to the client when
the Mission completed. If a purchase agreement is entered into, shall also
Anyone who bought or sold the property to get the documentation in
the Mission completed.
Participation in connection with the transfer
section 21 of the estate agent shall ensure that the buyer and the seller
hits agreement on issues that need to be solved in connection
with the transfer. Unless otherwise agreed, the broker
help the buyer and seller to establish the documents
needed for the transfer.
Explanation of the possible right to compensation
section 22 contract Expires without the property transferred,
should the real estate agent inform the seller that a later
transfer can give the broker the right to compensation.
Real estate broker's compensation
section 23 unless otherwise agreed, the real estate broker's
compensation is calculated according to the percentage of the purchase price
(Commission).
The broker is entitled to Commission only if agreement on
the transfer has been made by the broker's mediation between
the principal and someone who has been instructed by the broker.
The broker has been appointed the exclusive and meet without
the broker's mediation agreement to sell within the time
the exclusive right is valid, the broker is entitled to commissions on
the agreement brokered by him or her.
The broker shall be replaced in the form of commissions, broker law
to compensation for expenses unless a specific
agreement has been reached on this.
In Chapter 12. paragraph 65 a land code contains provisions
If compensation for intermediation of rental apartments for
residential purposes.
section 24 of the real estate broker's compensation may be reduced if the broker
at the Mission's performance has failed to fulfil its obligations to
the buyer or the seller. However, this does not apply if
the breach is trivial.
Damages
section 25 Of the real estate agent, intentionally or negligently:
overrides its obligations under paragraphs 8 to 22, he or
She replace the damage suffered by the buyer as a result of this
or the seller. If it is appropriate, reparation can be reduced
or completely fall away.
If the broker has paid damages to the buyer on account of
damage has been inflicted by the buyer, the property deviates
from what the buyer has had reason to expect, can
Broker claim back compensation from the seller to the extent
also the seller is liable for the damage and it is not unreasonable
the seller ultimately will bear this responsibility alone.
Notification of claims
paragraph 26 of A buyer or seller who wants to claim damages in accordance with
section 25 shall notify the real estate agent about this within a reasonable
time after he or she knew or should have known the
circumstances which are the basis for the claim. If the buyer
or the seller does not notify the broker within that time,
falls right to damages under this Act removed.
The first subparagraph shall not apply if the agent has acted grossly
negligent or in breach of good faith.
Statute of limitations
section 27 in respect of periods of limitation shall apply the limitation (Northern Ireland)
(1981:130).
Supervision
section 28 of the real estate inspection supervises the
real estate brokers registered under section 5.
The inspection shall ensure that estate agents in their
activities meet their obligations under this Act.
The inspection shall in its field monitoring
also under the law (2009:62) on measures against money laundering
and the financing of terrorism and the measures
a court in connection with the Act.
A registered broker is obliged to allow
Real estate inspection examine the acts, records, and
other documents relating to the business and to leave
the information requested for the purposes of supervision. Law (2012:19).
section 29 real estate supervisory authority shall revoke the registration
for the real estate agent who
1. no longer meets the requirements set out in section 6,
2. do not pay registration fee or
3. acting in violation of its obligations under this Act.
If it can be considered sufficient, the real estate inspection
instead notify alert or reminder. Is the offense calling,
get the penalty be omitted.
Real estate inspection or, on appeal, the Court
may decide that a revocation of registration to take effect
immediately. Law (2012:19).
Appeal
section 30 of the estate agent authority's decision under this Act may
be appealed to the administrative court.
Leave to appeal is required for an appeal to the administrative court.
Law (2012:19).
Criminal responsibility
section 31 of The who willfully professional conveys real estate in
contrary to what is provided for in section 5 of the registration shall be liable to a
fines or imprisonment of up to six months.
Authorization
32 § Government may provide for fees under
This law.
Transitional provisions
2011:666
1. this law shall enter into force on 1 July 2011, when
real estate law (1995:400) is repealed.
2. The repealed law continues to apply in respect of
contract concluded prior to the entry into force.
