Malmö University Publications
Change search
Refine search result
1 - 1 of 1
CiteExportLink to result list
Permanent link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Rows per page
  • 5
  • 10
  • 20
  • 50
  • 100
  • 250
Sort
  • Standard (Relevance)
  • Author A-Ö
  • Author Ö-A
  • Title A-Ö
  • Title Ö-A
  • Publication type A-Ö
  • Publication type Ö-A
  • Issued (Oldest first)
  • Issued (Newest first)
  • Created (Oldest first)
  • Created (Newest first)
  • Last updated (Oldest first)
  • Last updated (Newest first)
  • Disputation date (earliest first)
  • Disputation date (latest first)
  • Standard (Relevance)
  • Author A-Ö
  • Author Ö-A
  • Title A-Ö
  • Title Ö-A
  • Publication type A-Ö
  • Publication type Ö-A
  • Issued (Oldest first)
  • Issued (Newest first)
  • Created (Oldest first)
  • Created (Newest first)
  • Last updated (Oldest first)
  • Last updated (Newest first)
  • Disputation date (earliest first)
  • Disputation date (latest first)
Select
The maximal number of hits you can export is 250. When you want to export more records please use the Create feeds function.
  • 1.
    Nordeborg, Frida
    et al.
    Malmö University, Faculty of Culture and Society (KS).
    Olofsson, Amanda
    Malmö University, Faculty of Culture and Society (KS).
    Närståendeförmedling2019Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
    Abstract [en]

    Real estate agents in Sweden are regulated by the Estate Agents Act (2011:666), which includes a number of prohibitions. Our essay will deal with the prohibition against mediating housing to the real estate agents related and close persons according to section 12 in the Estate Agents Act. The regulation defines the kinship relations that fall under the prohibition but also has a reference to the bankruptcy law that defines those who are considered related parties because of financial co-operation. The bankruptcy law also has a collecting category that includes those who are "personally particularly close" the broker. In order to assess who is included in the studied prohibition, the applicable law has been interpreted through a legal approach in which law, propositions, government official investigations, practice and legal literature were used. In the assessment of who is considered to be related or close the broker, the broker's statutory obligations are described; good real estate brokerage, the duty of care and the impartiality of the broker. There are three main categories within the related concept which are considered unclear; siblings children, domestic partnership and friends. The law states that only those who are in laws are included and do not elucidate cohabitation in the kinship. The assessment should take the living conditions of the current situation into account, if not it can lead to the brother/sister in law being treated differently which cannot be the intention of the legislator. Nowadays cohabiting is equated with marriage and should therefore be illegal according to section 12. There is an uncertainty as to how far reaching the concept of cohabitation extends in the kinship. If the broker puts herself in a situation where the impartiality can be threatened, this goes against good real estate brokerage custom and is not compatible with the regulations. The law also does not regulate siblings children and it does not appear that they should be included as relatives of the broker. The case where a nephew was not included was a bankruptcy case which means that the law applicability should be limited. The purpose of the prohibition is to maintain the impartial position of the broker and therefore there may be reasons to limit the broker to undertake the assignments where the broker's impartiality may be questioned. Friendships should have the same assessment and whenever the impartiality can be risked due to a relationship with one of the parties, the broker should act with caution.

1 - 1 of 1
CiteExportLink to result list
Permanent link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf