Apartment faults is the term usually used to describe the sale of goods situation arising when a purchaser – usually – is of the opinion that faults and defects exist in the tenant-owner apartment acquired by the purchaser.
A tenant-owner apartment is, from a legal perspective, regarded as a chattel, unlike property, which is real property, and hence it is the provisions of the Sale of Goods Act that apply when faults and defects are detected in a tenant-owner apartment.
In-depth, pre-transfer inspections of the tenant-owner apartment are not usually conducted in conjunction with the transfer of a tenant-owner apartment, and considerable responsibility thus lies with the purchaser to examine the tenant-owner apartment and ensure the condition of the tenant-owner apartment before the purchase. An inspection of this kind is normally conducted by the purchaser when the purchaser attends showings and asks questions of the estate agent and the vendor.
Best efforts to conduct a thorough examination of a tenant-owner apartment notwithstanding, there are areas and circumstances that purchasers cannot, in general check, such as the sealing coat in bathrooms or whether electrical work has been carried out professionally, and there is consequently always an element of risk in conjunction with the acquisition or sale of tenant-owner apartments. When a fault or defect has been confirmed by the purchaser, it often results in a claim for compensation against the vendor. And such disputes not uncommonly result in legal proceedings in District Courts.
We regularly represent tenant-owner apartment purchasers and vendors alike when apartment fault disputes arise in connection with tenant-owner apartments, and assist clients in such areas as claims for compensation and personal investigations by experts. We also act as legal representatives for purchasers and vendors in court hearings. Landahl has extensive experience of handling issues attributable to apartment faults and a clear focus on achieving the client’s desired end.