If you have discovered a hidden defect (dolt fel) in a property you purchased, and the seller refuses to compensate you, you may need to file a legal claim. Preparing your case correctly increases your chances of winning and receiving compensation. Below, we explain the steps to file a claim, what evidence you need, and how a real estate lawyer can assist you.
Step 1: Confirm That the Defect Qualifies as a Hidden Defect
Before filing a claim, you must confirm that the defect meets the legal requirements for a hidden defect under Swedish law.
A defect is considered hidden if:
- It existed at the time of purchase but was not visible during a reasonable inspection.
- The buyer could not have expected the defect based on the property’s age and condition.
- The defect significantly affects the property’s value or usability.
Example: If you discover severe water damage inside the walls that was not visible during inspection, this may qualify as a hidden defect. However, if the issue was clearly noticeable, the seller is not liable.
Step 2: Notify the Seller (Reklamation)
Before filing a legal claim, you must officially notify the seller about the defect. If you fail to do this within a reasonable time, you may lose your right to compensation.
How to notify the seller:
- Send a written notification (email or letter).
- Clearly describe the defect, when it was discovered, and how it affects the property.
- Include photos, inspection reports, and any repair estimates.
- Request a price reduction, repair, or refund.
The seller has the right to respond and offer a solution. If they refuse or ignore your request, you can proceed with legal action.
Step 3: Gather Strong Evidence
To win a real estate dispute, you must provide clear evidence proving:
- The defect existed at the time of purchase.
- The defect was not visible or detectable during inspection.
- The defect significantly reduces the property’s value or functionality.
Key Evidence to Collect
- Inspection Reports:
- Hire a professional property inspector to document the defect and confirm that it was not visible at the time of purchase.
- Photos & Videos:
- Take clear photos showing the damage and its location.
- If possible, provide before-and-after images to show worsening conditions.
- Expert Opinions:
- Statements from contractors, engineers, or surveyors confirming the defect’s cause and severity.
- Repair Cost Estimates:
- Quotes from certified contractors to prove how much it will cost to fix the defect.
- Communication Records:
- Emails and messages exchanged with the seller about the issue.
- Home Insurance Policy:
- Check if your home insurance covers legal disputes related to hidden defects.
Example: If you find mold inside the walls, an inspector’s report confirming that the issue was not visible at the time of purchase strengthens your case.
Step 4: Attempt to Settle the Dispute Out of Court
Before taking legal action, courts prefer that buyers and sellers attempt to resolve the issue themselves.
You can send a formal settlement request to the seller. Offer options such as:
- A partial refund.
- The seller paying for repairs.
- A price reduction for the defect.
- If the seller refuses, you can try mediation with the help of a real estate lawyer.
Many disputes are resolved at this stage, avoiding costly court proceedings.
Step 5: File a Lawsuit in District Court (Tingsrätten)
If the seller refuses to compensate you, you can file a lawsuit in the District Court (Tingsrätten).
How to File a Legal Claim
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Prepare a Formal Lawsuit (Stämningsansökan):
- A lawyer will draft the claim, stating:
- The nature of the defect.
- Why it qualifies as a hidden defect.
- The financial impact and requested compensation.
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Submit Your Claim to Tingsrätten:
- Your lawyer will file the lawsuit with the District Court.
- You must pay a filing fee (2,800 SEK).
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Wait for the Seller’s Response:
- The court sends the lawsuit to the seller, who must respond within a deadline.
- If they refuse to settle, the case goes to trial.
Step 6: Court Hearing and Judgment
If the dispute reaches trial, both parties will present their arguments in court.
During the hearing:
- Your lawyer presents your case with evidence.
- The seller’s lawyer argues why they are not responsible.
- Experts or witnesses (such as inspectors or contractors) may testify.
Possible Court Decisions:
- The buyer wins – The court orders the seller to compensate the buyer (repair costs, price reduction, or refund).
- The seller wins – The buyer must cover court costs if they lose the case.
Step 7: Use Legal Protection Insurance (Rättsskydd)
Real estate disputes can be expensive, but many home insurance policies include legal protection (rättsskydd), covering:
- Lawyer fees.
- Expert assessments.
- Court costs.
How to Use Legal Protection Insurance:
- Your lawyer applies for rättsskydd through your home insurance.
- Insurance typically covers 80% of legal costs (after deductible).
- If insurance does not apply, you may qualify for legal aid (rättshjälp).
Summary: Steps to Prepare a Legal Claim
- Confirm that the defect is hidden (not visible during inspection, existed before purchase).
- Notify the seller (send a written complaint and request compensation).
- Gather strong evidence (inspection reports, photos, expert opinions).
- Attempt settlement (negotiate or use mediation before filing a lawsuit).
- File a lawsuit in Tingsrätten if the seller refuses to settle.
- Attend the court hearing where a judge reviews the evidence and makes a ruling.
- Use legal protection insurance to cover legal fees.
