Open or conditional inspection clause (besiktningsklausul) – how they differ
An open inspection clause lets you withdraw from the purchase for any reason within the time limit. A conditional clause requires the inspection to reveal a defect of a certain type or above a certain amount. The difference determines whether you have a free right of withdrawal or must prove the condition is met.
How it works
Both variants are written into the purchase contract and only apply during the time limit stated there, usually 7–14 days. What differs is the grounds on which you're allowed to invoke them.
An open clause — sometimes called a fri besiktningsklausul (free inspection clause) — gives you the right to withdraw from the purchase without giving a reason, as long as you do so in writing in time. In practice it's a right of withdrawal tied to the inspection. It's safe for you and uncertain for the seller, which makes it harder to negotiate in a hot market and can affect how the seller weighs your bid against others.
A conditional clause ties the right to withdraw to a condition. The most common is a threshold amount: the inspection must reveal defects whose repair cost exceeds, say, SEK 50,000. Other variants tie it to a specific type of defect, such as moisture or mould damage, or to an in-depth investigation confirming something. If the condition isn't met, the purchase is binding, no matter how much you've changed your mind.
With a conditional clause, the dispute shifts to the assessment: what does the defect actually cost to fix, and do several small items add up towards the threshold? A threshold clause should therefore always state whether costs may be summed and who determines the amount — in practice a quote or an expert's estimate.
The timeline is the same for both: contract, inspection within the time limit, written notice before the final day. The difference only shows up the day you want to use the clause.
Step by step
- 1Find out which type the clause isRead the exact wording. If it mentions an amount, a type of defect or a condition, it's conditional — otherwise it's open.
- 2Negotiate the type, not just the time limitAsk for an open clause first. If that's not possible, negotiate as low a threshold amount as you can.
- 3Make sure the threshold amount is well-definedThe clause should state whether several remarks may be summed and how the cost is to be substantiated, for example with a written quote.
- 4Adapt the inspection to the clauseWith a conditional clause you need cost estimates, not just remarks. Ask the inspector to assess scope wherever possible.
- 5Invoke in writing, referencing the conditionWith a conditional clause it's not enough to say you're withdrawing — state which condition is met and attach the supporting documentation.
Common mistakes
Assuming all clauses are open
The agent's standard wording is often conditional, with a threshold amount. Buyers skim it on the contract day and only discover after the inspection that a free right of withdrawal never existed.
A threshold amount with no definition
If it just says 'defects exceeding SEK 50,000', the question immediately arises whether the roof and the bathroom can be added together, and who sets the figure. Without an answer in the contract, it becomes the seller's interpretation against yours.
Not getting cost documentation in time
A conditional clause requires proof within the time limit. Getting a quote in a few days is hard — start the same day the inspection is done.
Confusing the clause with the duty to investigate
The clause regulates your right to withdraw, not who is liable for defects. Undersökningsplikten (the duty to investigate) remains regardless of which variant you have.
How this shows up in the inspection report
Which clause you have determines what you need to get out of the report. With an open clause, it's enough to understand the overall picture. With a conditional one, you need costs per remark, substantiated well enough to hold up against the seller within a few days.
Phrases like fortsatt teknisk utredning (further technical investigation needed) are especially tricky with a threshold clause: they say the cost is unknown, which rarely on its own satisfies a condition.
Frequently asked questions
Which clause is best for me as a buyer?
An open clause, since it gives you the right to withdraw without having to prove anything. A conditional clause with a low threshold amount is the next best thing.
Can I add several remarks together to reach the threshold?
Only if the clause says so. If nothing is stated, this is a common point of dispute — so ask for summing to be explicitly written in.
Who decides what a defect costs to fix?
Normally you, backed by a quote or an expert opinion. The seller can object, which is why written documentation is important as soon as the clause is invoked.
Can a conditional clause be used to negotiate the price?
Yes, if the condition is met. Then you can choose between withdrawing from the purchase and offering the seller a price reduction instead.
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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.