Can I cancel a signed contract regarding a purchase of a condominium?
Hello,
I have a question about condominium purchase contract. I'm very new to the country and I don't speak Swedish. I also don't know any of the rules about consumer rights here in Sweden. I'm hoping then you can help me. This is the situation that I would like your feedback on:
I wanted to buy a condominium and bid for it, I signed contract and scaned it - emailed the scanned copy to the real estate agent. He and seller signed contract in person and mailed it back to me. Contract that I have has there in person signatures and my photo copy signature. I also payed 10% downpayment to real estate state agent.
On the 14th day after real estate agent and seller signed the contract I contacted the real estate agent to let him know that I needed to talk to him. He didn't respond, I texted him again and again the next day and the next day. I finally texted him a message that my mother is critically sick and in the hospital and that I need to cancell the contract so I can leave Sweden to take care of her.The next day he called and he told me that I could not do that because the contract is signed.
I wanted to check buyers rights with you:
Does a buyer have 15 days grace period in which to cancell the contract with no penalty payment?
Also is a photocopy signature on the signed contract making the contract invalid?
Also do you recommend that I hire a Lawer to help me with navigating the situation here.
Please advise.
Thank you!
Lawline svarar
Hello and thank you for contacting Lawline!
When purchasing a condominium in Sweden there is not any formal requirements regarding this kind of contract. For you to be able to cancel the signed contract it require some sort of material breach of contract on their behalf. One example of a material breach of contract is if the condominium isn't up to the standards of what you agreed upon or if you are unable to gain access to the condominium at the time you're supposed to (25 & 39 § köplagen).
There is no general 15 day grace period for the buyer to cancel the contract unless it says so in your contract, if there is such a clause in the contract then that clause is valid.
My understanding of the situation is that, based on the information you're giving, it might be hard to cancel the contract unfortunately. However there might be more to the contract that a lawyer could find and help you get out of the contract. If you would like to get in contact with a lawyer we at Lawline have lawyers that could assist you with examining the contract in question and see what possibilities you have.
Kind regards,
