Rätt att kräva att säljare tömmer förråd? (engelska)
Dear respective Lawyer
Let me write this in English.
I bought an apartment. When I checked the celler storage, there were three sets of closets (garderob) left. I assumed the seller will move them away and empty the celler before the closing date (tilldräde).
However, it turned out that the seller insists those closets in the celler belongs to the the apartment and are included in the apartment purchase. There are three big closets and are taking almost 40% of the celler space.
The purchase contract does not specify what are included in the apartment purchase but says it is the seller's responsiblity to empty the apartment and the celler before tillträde.
Can I insist to the seller that they should remove the closets in the celler or are they usually included in the apartment purchase?
Thank you for your advice.
Lawline svarar
Hello and thank you for consulting with us at Lawline.
It is a fundemental legal principle that agreements shall be kept (latin: pacta sunt servanda). If the contract you signed specifically orders the seller to empty the cellar, he must do so. You should insist that he empty the space or you can make claims against him in accordance with 30 - 40 § köplagen. Do this by simply writing to him personally.
If he still doesn't do as you say, you can file a law suit against him (see this page). The process is in Swedish so you might have to hire a translator. Our lawyers at Lawline offer further consulting and representation, should this come to court. They will be able to help you in English, so you won't have to hire a translator. Click here for more info. All legal fees will be payed by the defendant if he loses.
I hope my answer is of help to you and that you won't hesitate to contact Lawline again the next time you are in need of legal advice.
Best regards,
