Antaganden om lekmannens kunskapsnivå vid bostadsköp
2022 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE credits
Student thesisAlternative title
Assumptions about the layman's level of knowledge when buying a home (English)
Abstract [en]
A home purchase is a big step in life and it is important that it's being done properly. Therefore there are laws to obey for both the buyer and seller of a home. In addition, there are some assumptions about the normally knowledgeable layman's level of knowledge when buying a home. This means that a buyer of a home needs to be educated in the matter for the process to run as smoothly as possible. There is a problem here regarding the level of knowledge that differs from person to person.
According to the doctrine, a "normally experienced layman's" examination of a home should be sufficient. When a defect occurs in a home, a division of responsibilities is made based on whether the layman has made a complete investigation or a deficient investigation. Here, 4:19 JB plays a central role as the buyer's duty to investigate is dealt with here. What is difficult to define is the level of knowledge, which is often much more extensive than what is stated in the preparatory work for the layman.
The issue that is discussed and analyzed in the essay is the layman's level of knowledge, but also the knowledge gap that emerges in previous legal cases regarding the layman’s knowledge. Based on previous legal cases and doctrine, the conclusion is that assumptions regarding the normally knowledgeable layman are not realistic as an expert is usually required for further investigation of the home so that the buyer does not end up in a possible dispute.
Place, publisher, year, edition, pages
2022. , p. 29
Keywords [sv]
bostadsköp, lekman, jordabalken
National Category
Social Sciences
Identifiers
URN: urn:nbn:se:mau:diva-55337OAI: oai:DiVA.org:mau-55337DiVA, id: diva2:1702651
Educational program
KS US Fastighetsförmedling
Supervisors
Examiners
2022-11-022022-10-112022-11-02Bibliographically approved