Defects in the apartment are evaluated according to the defect provisions of the Housing Sales Act. The apartment has e.g. comply with the contract, the information provided, the requirements set in the regulations and the appropriate level of health and safety.
General error provision (Housing Sales Act Chapter 4 Section 14)
There is an error in the apartment if
- it does not correspond to what can be considered agreed
- it does not meet the requirements set in the regulations or regulations that the building had to meet when the building control authority approved it for use
- its properties cause or can reasonably be assumed to cause harm to health
- construction or repair construction has not been carried out in accordance with good construction practice or professionally and carefully
- the material used in construction or repair construction, insofar as its quality has not been separately agreed, is not of the usual good quality in terms of durability or other properties, or
- otherwise, the apartment does not correspond to what the home buyer usually has reasonable grounds to expect in the sale of such an apartment.
According to the general error provision, a new apartment must e.g. must be in accordance with building regulations and must be built with appropriate materials professionally and carefully and in accordance with good construction practice.
When interpreting good construction practice, in addition to building regulations, for example RYL (general quality requirements for construction) criteria are examined, which contain instructions on quality requirements and quality review.
Communication error
The seller must tell the buyer all relevant information affecting the transaction before the transaction. In the purchase of a new apartment, the essential information is secured-documents, within the framework of which the object is implemented. If some aspect is not mentioned in the security documents, the buyer can assume that the aspect in question will be implemented with normal good construction methods.
If the apartment does not match the information received before the sale, there may be a communication error in the sale. The error assessment takes into account e.g. whether the incorrect information can be assumed to have affected the transaction. Did the buyer know the true side of the matter before the transaction?
A financial mistake
Financial error is a subtype of disclosure error. There may be a financial error in the transaction, for example, when the buyer has received incomplete or incorrect information about the financial aspects related to the ownership or use of the apartment or the financial status of the housing company before the transaction, and the information can be assumed to have influenced the transaction.
A legal error
A legal error refers to the fact that the shares are subject to the right of someone other than the shareholder. Practically RS system protects buyers quite well from this type of error, and there are hardly any disputes related to the provision.