Some advice concerning finding and using an estate agent

Consider these points 

• Speak to several different estate agents to get a feel for the estate agent and how they intend to structure your sale. Personal chemistry is very important to make the sales process go smoothly. 

• Verify that the estate agent is registered with the Swedish Estate Agents Inspectorate. You can search the estate agent register on their website. 

• Read the estate agent’s draft listing contract very carefully.

• Discuss with the estate agent the costs and the viewing, offer, bidding, and marketing process, so that you know how the sale process will proceed. 

Check out the estate agent

Before you use an estate agent, you should check whether they are registered with the Swedish Estate Agents Inspectorate. You can do this by going to their website and searching the register of estate agents. It is illegal to act as an broker of residential property without being registered there. If the estate agent is not listed in the register, you can contact the Swedish Estate Agents Inspectorate’s office. You can also find out if the estate agent has been subject to any disciplinary sanctions.

Search on the website of the Swedish Estate Agents Inspectorate for information about an estate agent (In Swedish)

Listing agreement  

Read the listing agreement and decide whether you accept the estate agent’s proposal. Pay particular attention to: 

• the commission, compensation requirements and payment terms 

• the estate agent’s exclusive listing period, which may not exceed three months 

• the terms and conditions for cancelling the listing agreement.

Further information about listing agreements on the website of the Swedish Estate Agents Inspectorate (FMI) (In Swedish)

Responsibilities and role of the property brokerage firm 

It is the individual estate agent who enters into the contract with you, the seller. This means that the estate agent has an independent responsibility to observe the codes of practice for estate agents.

However, the overall responsibility to ensure that the estate agent complies the codes of practice for estate agents falls on the property brokerage firm. 

Further information about the property brokerage firm’s responsibility on the website of the Swedish Estate Agents Inspectorate (FMI) 

The estate agent’s duty of disclosure 

The estate agent must give you the advice and information you may require in connection with your sale. The estate agent must also advise you that you have a legal obligation to give the buyer full and accurate information about the property you are selling, and explain to you that not until a written contract of sale is signed by both parties is the sale legally binding. The estate agent’s duty of disclosure covers everything that is likely to be relevant when you sell your home. 

The estate agent’s right to receive a commission 

You and the estate agent can agree in the listing agreement that the estate agent have an exclusive listing for a maximum of three months. This means that normally the estate agent is entitled to brokerage commission if you sell the property to anyone during the term of an exclusive listing.

After the exclusive listing period has ended, the estate agent may still be entitled to a brokerage commission if the property is sold to someone who was introduced to the property via the agency of the estate agent. For this to be the case, there must also be a causal link between the estate agent’s work and the sale of the property. The estate agent may be entitled to a brokerage commission even if the listing agreement is terminated by you or the estate agent. 

Further information on brokerage commissions and other compensation on the website of the Swedish Estate Agents Inspectorate (FMI) (In Swedish)

Right to a copy of the list of submitting bids 

When the selling the property is completed, you have the right to receive a copy of the list of submitting bids. The list is to contain:

• the names of the persons who have made an offer

• their contact details

• the amount of the offer

• the date of the offer

• any conditions attached to the offer. 

Do I have the right to withdraw from my listing agreement with the estate agent

The right of withdrawal is a statutory legal right which means that you have 14 days to withdraw from a contract, depending upon how it was entered into. For example, if you signed the contract with the estate agent over the telephone, or in your home, you have a 14-day cooling-off period, meaning that you can withdraw from the contract within 14 days of signing it. If you signed the contract at the estate agent’s office, you will not have a right of withdrawal. 

Further information about the right of withdrawal 

Some suggestions about issues to discuss with the estate agent 

• How many open houses will there be? How do they work? 

• How do you want the offering process to work and how does one go about making an offer? 

• What are the costs? Brokerage commission to the estate agent, additional fees, payment terms? 

• How will the marketing be done? Advertising? Photography?