• Simon Mogensen
4. term, Laws, Master (Master Programme)
The subject of the thesis is the property seller’s duty to inform, especially where there aren't any physical defects on the buildings the thesis tries to answer the question of where the line is drawn in regard to the sellers of real estate duty to inform. First and foremost it search to create a solid groundwork for the legal principle of the sellers duty to inform under law of obligations by examining Danish court cases. In the law of obligations, sellers duty to inform and buys duty to examine are to be watched in close correlation. The seller are obligated to inform the buyer of information which could have an economic effect on the real estates price, but also information that could be relevant for the buyers judgement of the property. These principles are statutory according to the Danish Sale of Goods Act §§ 47, 76 a and 77.
However the act does not cover the sale of real estate and therefore analogies from the Danish Sale of Goods act are used, among this case law are used widely for judging cases. Third chapter mainly treat the seller of real estate duty to inform, where the act of protecting the consumer of real estate purchases are included. The chapter shows the case law of the property seller’s duty to inform in normal cases where there are physical defects in relation to the buildings on the property. It is derived that the property buyer does have a small general duty to examine and the buyer’s purposes with the property will mostly trigger it, but also uncertain information from the seller can instigate the duty to examine. The examination itself does not have to be thorough or exhaustive in any way, as the courts does not expect the buyer to be of expert knowledge in regard to property damages. The duty to inform under special circumstances are referring to faults "outside" of the property, the court cases from this thesis include, ground pollution, radiation from power towers, smell and noise pollution. According to court cases the duty to inform is stronger in regard to real estates on the country side with beautiful surroundings, as the price is often influenced more for the buyer of these properties as the surroundings is part of the charm. Over course of time, the state of law for the duty to inform has switched to being stricter in regard to faults water supply. The court applies an objective assessment and because of this, the state of law has switched now that a good water supply is to be expected on the property.
The fifth and last chapter includes Norwegian case law and theory in order to support the discussion of whether the seller should inform of events that previously had happened on the property, or if he should inform about people in the neighbouring milieu. It is discussed whether a seller has a duty to inform about heavy traffic coming through or there is a kindergarten close to the premises. Furthermore the discussion carries into if the seller should inform about personal traits of people, like their religion or sexuality. The end is closing on the hypothetical of whether a seller has a duty to inform the buyer about a murder, taking place on the property.
LanguageDanish
Publication date1 Dec 2015
Number of pages55
ID: 223159562