[ad_1]
Last year, Frogner Eiendomsmegling as (Sem & Johnsen Eiendomsmegling Frogner) brokered the sale of an apartment for NOK 13 million. The buyer of the apartment has now submitted a claim to the real estate agent responsible for the sale with the Board of Claims for Real Estate Services (Rfe).
You feel “cheated” by the broker
The buyer notes that the statement of sale indicated that there was a common roof with a lot of space. Later it turned out that the part of the roof that was common was narrow and narrow. The buyer notes that p. Eg It was impossible to put sunbeds there.
-The complainant feels “scammed” by the broker and demands compensation of 200,000 crowns, it is stated in the presentation.
It is not unreasonable with 200,000 in compensation
The court writes in its finding that it is clear that Frogner Eiendomsmegling’s statement of sale included information and photos about the roof that were found to be incorrect.
-The defendant has not proven or documented that this incorrect information was corrected to the buyer (complaints). This could have been easily done, for example by emailing the buyer. In this sense, it cannot matter that the complainant did not go up to look at the terrace, although he had the opportunity to do so, the directive writes.
The court is of the opinion that the broker has shown negligence with respect to the damages and that Forgner Eiendomsmegling is responsible for the financial loss suffered by the plaintiff.
-The property was sold for NOK 13 million. Compensation should be determined at its discretion and, in the opinion of the court, the plaintiff’s claim of NOK 200,000 in compensation is not unreasonable, and the claim is used as the basis, it is stated in the conclusion.
-Here we believe that the board has made a too simple evaluation of the case
Frogner Eiendomsmegling writes in his answer that the runner after the third viewing discovered that images had been included in the FINN ad showing a part of the roof that was not common.
-The broker deleted these images, but forgot to remove the images from the statement. The images were removed from FINN’s ad, when the whistleblower was on display, the company writes in its response.
In its response, the company notes that it was important to the broker that all interested parties inspect the roof, so that everyone could see which parts were common and which parts belonged to other section owners.
-The defendant acknowledges that the sales statement contained incorrect images, but disputes the claim for compensation. Even if strict requirements are set for a broker’s diligence, there is still some leeway before a behavior that can be criticized is negligent in terms of compensation.
General manager Christoffer Askjer of VSJN as, the main company that owns the Sem & Johnsen group companies, says in a comment that he does not agree with the board’s decision on the compensation amount of NOK 200,000 and believes that the buyer has not suffered any loss.
-In principle we disagree that the court determines compensation. The court is not a court and here we believe that the court has made too simple an assessment of the case, says Askjer.
– Do you not agree to undermine the system of appeals against real estate agents, when you do not follow the decisions of the appellants?
-We are members of the Real Estate Services Complaints Board and, in most cases, we will follow decisions from there, says Askjer.
(Terms)Copyright Dagens Næringsliv AS and / or our suppliers. We would like you to share our cases via a link, which leads directly to our pages. Copying or other use of all or part of the content may only be done with written permission or as permitted by law. For more terms, see here.
