What does it mean?
The transfer agreement (överlåtelseavtal) is the legally binding purchase agreement when selling a cooperative apartment. It corresponds to the purchase contract for properties and contains all terms of the deal — purchase price, possession date, conditions, and any reservations. The agreement must be in writing to be valid.
After the transfer agreement is signed, the buyer must apply for membership in the housing cooperative. The association has the right to approve or deny membership, but denial may only occur on objective grounds (e.g., if the buyer cannot meet their financial obligations). If membership is denied, the transfer becomes void. The real estate agent typically prepares the transfer agreement, but it can also be drafted by the parties themselves.
Key Points
- Legally binding purchase agreement for cooperative apartment sales
- Must be in writing — contains price, possession date, and terms
- Buyer must be approved as member by the BRF after signing
- Denial of membership may only occur on objective grounds
- Usually prepared by the agent — can also be drafted by the parties
Practical Tip
Read the transfer agreement carefully before signing — it is legally binding. Pay special attention to the possession date, any conditions, and what's included in the purchase. If not using an agent, consider hiring a lawyer for the agreement.
Legal Basis: Housing Cooperative Act (1991:614) Ch. 6