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Uppgifter om ärendet
- Nationellt id-nummer: Supreme Court, Judgement T 2838-20
- Medlemsstat: Sverige
- Vedertaget namn:N/A
- Beslutstyp: Beslut av högsta domstolen
- Beslutsdatum: 27/05/2021
- Domstol: Högsta domstolen
- Ämne:
- Kärande:
- Svarande:
- Nyckelord: Conformity, service contract, reasonable time

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Direktivartiklar

Consumer Sales and Guarantees Directive, Article 5, 2. Consumer Sales and Guarantees Directive, Article 5, 2. Consumer Sales and Guarantees Directive, Article 5, 2.
Huvudanmärkning

A consumer may benefit from her right to price reduction within two months from the date when she in fact detected the lack of conformity of a service provided by the trader.
Omständigheter

The plaintiffs bought a property with a house, which was still under construction, from the defendant in September 2015 for 10 million SEK. The house was ready a year later and the final inspection was conducted on February 2016. The defendants moved in a month later. In the contract, the description was that the house was “224 m2 + ancillary area m2 (traders’ information)”. For taxation purposes, the defendants got the house measured by another company in June 2017. According to this new calculation, the main area was 161 m2 and the ancillary 63 m2. The plaintiffs informed the defendant within a week after the new measuring. Consequently, they filed a claim at the Court of First Instance demanding that the defendant pay 1,4 million SEK on the basis that the service was conducted erroneously since the division between the living and ancillary area in the completed house did not match with what was given in the contract. Therefore, they asked for a price deduction.

The Court of First Instance accepted that the contract had wrong information but found that the plaintiffs filed a complaint too late. It therefore rejected their claim. The Court of Appeal, however, decided that the complaint was filed within the required timeframe and obliged the defendant to pay 900 000 Kr as price reduction. The defendants appealed in the Supreme Court.
Juridisk fråga

What is the time limit within which a consumer can enact her rights related to the lack of conformity and when does it start counting?
Beslut

The plaintiffs filed the complaint with the defendant one week after they were given the new measurements and therefore within the time limits provided. Even though it may seem that the information related to the living and ancillary area provided in the contract is difficult to reconcile with the actual design of the house, the deviation cannot be considered so obvious that the plaintiffs could be expected to know the information wasn´t right before the new measurements were taken . The plaintiffs, according to the Court, seem to not be too knowledgeable on the rules and principles that govern such measuring.

URL: https://www.domstol.se/globalassets/filer/domstol/hogstadomstolen/avgoranden/2021/t-2838-20.pdf

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Resultat

The Supreme Court affirmed the decision of the Court of Appeal.

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