This master’s thesis of law focuses on the vendor’s duty to disclose material facts in real estate contracts, and whether this obligation is modified when the real estate in question is covered by the property survey solution (huseftersynsordning). The thesis will be delimited to real estate contracts after Danish law. Furthermore the thesis will be delimited to contracts involving existing real estate, and contracts entered in free trade. Thus auctions and newly-built real estate will not be included in the thesis. The thesis will start with an introduction to which statutory provisions apply when trading with real estate, including which rules can be opted in by the parties. This chapter will also include a problem statement, delimitation and a disposition.
Real estate is more complicated then commercial goods. Real estate is thus able to contain a number of defects, which can be difficult, if not impossible, for the buyer to ascertain. It will also be difficult for the parties to cover every aspect of the real estate in the contracts. As it is the vendor’s obligations to deliver the real estate without any contractual defects, it will therefore be necessary to determine, which matters are to be considered contractual defects fore which the vendor is liable. Contractual defects need not always be physical, but can also be of a legal nature.
The second chapter of the thesis will review the classic Danish law of obligations, which forms the basis of a number of Danish laws concerning amongst others the Rent Act and Sale of Goods Act. The Danish law of obligations is a legal doctrine, which have not been codified as such.The third chapter of the thesis will review the obligations of the parties when trading with real estate. The obligations of the parties when trading with real estate is similar to the obligations of the parties according to the classic Danish law of obligations in a lot of regards. However case law has established a number of modifications in regards to trade with real estate.
The fourth chapter will review the obligations of the vendor, when the contract is covered by the real estate survey solution (huseftersynsordning). These rules can opted in by the parties, when certain conditions are meet. The real estate has to serve the purpose of residential property of either the vendor or the buyer. The rules changes the obligations of the parties to a great extend. However a number of the obligations from chapter three will still be governing the contracts, as not every aspect of the real estate will be covered by the real estate survey solution.