Real Estate Law (2011:666)

Original Language Title: Fastighetsmäklarlag (2011:666)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:666

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.