Rätten till en trygg bostadsrätt - Konsumenträttsliga brister vid köp och ägande av bostadsrätt

Sammanfattning

Cooperative apartments are one of the most common forms of housing in Sweden. There are closer to 30,000 active tenant owners’ associations and approximately one million cooperative apartments. In the last decade the price of a cooperative apartment has tripled, and many new construction projects have been launched. To buy a home is often one of the most important investments in a person’s life, not only because it is a big financial deal but also because the home is a security and has a practical value. One of the main purposes with the Swedish Tenancy Act is that tenant owners should be offered a secure ownership of their apartment. During recent years, there has been a discussion as to whether the consumer legislation protection in the housing market is sufficient or whether there are flaws in the Swedish Tenancy Act. The essential purpose of the essay is to examine the major flaws in consumer law regarding the purchase of new construction and the event of a bankruptcy of a tenant owner’ association. The rules in these areas will be discussed from a consumer law perspective. The conclusion of the essay is that there are consumer law flaws in the Swedish Tenancy Act, both regarding purchase of new construction and in the event of a bankruptcy of a tenant owner’ association. Currently the consumer does not have equivalent protection that exist in other areas of law. Especially since the consumer during a long period of time are exposed to both practical and private financial risks. The rules of the Swedish Tenancy Act must be extended to ensure legal protection for the consumer. When making a purchase of a new construction, the information to the consumer needs to be clearer, for the consumer and seller to enter into the agreement on equal terms. To reduce the risks of being bound by the contract for a longer period, an additional legal basis for termination must be introduced enabling for the consumer to withdraw from the agreement if the market conditions change and it is beyond the consumer’s control. In the event of a bankruptcy of a tenant owner’ association, the private financial risks should be reduced. A rule should be introduced that assures the consumer a right to compensation for the apartment if the property is sold because of a bankruptcy and the apartment is turned into a rental apartment. To prevent the consumer from incurring high debts due to mortgages that must be repaid when the security is lost, a clause must be introduced in the lenders’ terms for mortgagees. The clause should state that the loan needs to be renegotiated if a consumer loses the security for the loan through bankruptcy in a tenant owner’s association.