Friskrivningsklausul (disclaimer clause) – what it means for you as a buyer
A friskrivningsklausul (disclaimer clause) means the seller waives liability for defects in the property, often including hidden defects. If you sign a general disclaimer, you effectively cannot claim a price reduction afterwards. The clause is legal in private sales and should be factored into the price, not treated as a formality.
How it works
The main rule in jordabalken (the Land Code) is that the seller is liable for hidden defects for ten years. That rule is dispositive (dispositiv) in sales between private individuals, meaning it can be contracted away. That's exactly what a disclaimer clause does.
The clauses come in two forms. A general disclaimer removes the seller's liability for defects entirely: the property is sold befintligt skick (as-is) and the buyer waives all claims based on defects. A limited disclaimer applies to a specified part — for example, that the seller is not liable for defects in the drainage, in a bathroom without documented waterproofing, or in an extension lacking a building permit.
Disclaimers are most often used when the seller doesn't know the house well: estates (dödsbon), inheritances, divorces, or when the seller has never lived in the property. Sometimes they're also used when the seller knows a risk construction exists and wants to avoid future claims.
A general disclaimer is generally valid, but it isn't unassailable. If the seller knew of a serious defect and deliberately concealed it, the disclaimer can be set aside — fraud (svek) and disloyal conduct are not protected by freedom of contract. The burden of proof, however, rests with you, and it's a heavy one.
In practice, the clause means your duty to investigate (undersökningsplikt) becomes your only protection. Anything you don't discover, you pay for yourself. A disclaimed property should therefore be inspected more thoroughly than normal, ideally with moisture measurement and an in-depth investigation of known risk constructions — and the price should reflect that risk.
Step by step
- 1Read exactly what the disclaimer coversDistinguish a general disclaimer from all defect liability from a limited one covering a specific part of the house.
- 2Find out why the seller is disclaiming liabilityEstates and inheritances are common and neutral reasons. A private individual who's lived in the house for twenty years and still disclaims liability is a warning sign.
- 3Carry out a more thorough inspection than usualSupplement the pre-purchase inspection with moisture measurement and an in-depth investigation of risk constructions typical for the build year.
- 4Factor the risk into your bidEstimate what the uncertain items could cost in a worst-case scenario and deduct that amount in your own calculation.
- 5Negotiate to limit the disclaimerAsk for it to apply only to a specified part of the property, or for it to be combined with an inspection clause.
- 6Keep all documentation from the investigationReports, measurements and emails are needed if it later turns out the seller knew of and concealed a defect.
Common mistakes
Treating the clause as boilerplate
The disclaimer is often a single sentence far down in the contract, but it shifts the ten-year liability from the seller to you. Financially, it's the heaviest line in the entire agreement.
Not adjusting the price for the risk
A disclaimed property is objectively worth less than an identical one without a disclaimer. If it's bid up to the same level, you're paying for a protection you're not getting.
Relying on hidden defects insurance instead
The seller's insurance covers the seller's liability. If that liability has been contracted away, there's nothing left for the insurance to cover, and the buyer's own version of the protection is limited.
Settling for a purely visual inspection
Precisely when a disclaimer exists, what you can't see is the whole risk. An inspection without moisture measurement or an in-depth investigation leaves you with neither liability on the seller's side nor knowledge of the house.
How this shows up in the inspection report
With a disclaimer, the inspection report becomes your only basis for what you're buying. Every phrase that leaves something open is a cost you'll have to bear yourself, and risk constructions typical of the build year should be read as likely future expenses rather than theoretical risks.
Go through the report item by item and put a cost on anything uncertain before you decide on your bid.
Terms in the report
Frequently asked questions
Is a disclaimer clause actually valid?
Yes, in sales between private individuals the seller's liability for defects can be contracted away. The exception is when the seller knew of a serious defect and deliberately concealed it.
Can I still get a price reduction despite a disclaimer?
Only in exceptional cases, in practice when you can show the seller knew of the defect and withheld it. The burden of proof is on you.
How much lower should the bid be on a disclaimed house?
There's no fixed figure. Start from what the uncertain items would cost to fix in a bad-case scenario and let that amount guide how high you go.
Can I have both a disclaimer clause and an inspection clause?
Yes, and it's often the best compromise. The seller avoids future liability, and you get the option to withdraw if the inspection reveals something unexpected.
Got the inspection report? Upload it and within a minute you'll see what's serious and what it costs — the evidence for your negotiation.
Analyse my reportThis is general information, not legal advice. In a dispute or if you are unsure, contact a lawyer specialising in Swedish property law.