Elektronisk signering vid fastighets- och bostadsrättsköp: Risker för penningtvätt i Sverige

Sammanfattning

The digitalisation of the real estate sector has contributed to an increased use of electronic signatures, especially in areas such as brokerage agreements, bidding and other tasks, which before has required all the contracting parties physical presence. Still, the legal obstacle concerning the purchase agreement itself remains, as the forms prescribed by law under chapter 4 1 § in the land code or the equivalent chapter 6 4 § in the Tenant-Ownership Act, demand handwritten signatures. This thesis researches how the newly presented bill SOU 2024:38, along with eIDAS regulation on qualified electronic signatures, may impact the legal validity of property and tenant-ownership transfers in Sweden. The method used in the thesis is a legal dogmatic method combined with a qualitative method, which analyzes the current law, case-law and incorporates interviews with registered real estate agents from south of Sweden. The results indicate that the real estate industry is at different stages of the ongoing digital development and highlight the uncertainty surrounding identity verification, legal security and exposure to money laundering risks if electronic signing is introduced. The research concluded that while qualified electronic signatures may satisfy technical requirements related to authentication, verifiability and security, it can not be equivalent to handwritten signatures without a clear legal framework. Additionally, it should be regarded as a complement rather than a replacement for the physical meetings, particularly for the crucial agreement of buying and selling properties. For a secure digital transition, legislative clarity, strong institutional support for users and technical infrastructure are essential and required.